Bonum Certa Men Certa

Firms of Patent Lawyers Continue Their Battle to Restore Software Patentability in the United States

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Sitting lawyer



Summary: The biggest parasites in the software domain (not patent trolls but lawyers who help instantiate weapons for patent aggressors large and small) are looking for new and 'creative' ways to bypass the rules

THE USPTO and SCOTUS have both come to terms with the fact that software patents aren't a defensible feeding frenzy. The EPO will need to realise this too, but that's a story for another day. Is started with Bilski versus David Kappos (a software patents booster) and now we have Alice, which has vast implications for every company which still believes in software patenting as a business strategy (Trading Technologies for instance).



Jacek Wnuk has this new article in lawyers' media. He explains the history of software patents and then offers "strategies" for getting them. Patent lawyers generally like giving tips to other patent lawyers on how to cheat the system and patent software even when there's precedence against them. Here is Bradley Arant Boult Cummings LLP doing it. Watch them complain about the status quo: "One of the main functions of law should be to provide relatively predictable rules that allow people to order their affairs with as much certainty as possible. The development of patent law in the field of software, however, has not provided the relative predictability that minimizes unnecessary patent prosecution and litigation costs. The courts have not given much guidance on what constitutes an "abstract idea"2 but have made "abstract idea" one of the key criteria for subject matter eligibility under 35 U.S.C. ۤ 101, and this situation has produced real-world detriments. Innovators waste money and time either seeking patents they should not seek or defending themselves from patents that should be invalid. This article proposes a new rule for software patent eligibility that could help b1ing more clarity to the field."

What they mean to say is not "more clarity" but more business for themselves. It's about money. Some companies ceased pursuing patents on software, so patent lawyers already feel the pinch.

Looking more closely at Wnuk's long article, here is how he framed the situation: "The Supreme Court finally returned its attention to the “abstract idea” question by affirming its importance in a narrow 2010 ruling rejecting a patent application directed to hedging energy investment risks, Bilski v. Kappos, 561 U.S. 593 (2010). In 2014, the Supreme Court modified the “abstract idea” subject matter eligibility rule by asserting that an abstract idea could, in fact, be patentable, so long as the patent application in question claims “significantly more” than the abstract idea, which the Court decided was not present in several patent applications directed to formulation and trading of risk management contracts. Alice Corp. v. CLS Bank International, 573 U.S. ___ (2014)."

Fast-forwarding to 2015, Wnuk writes: "For patent practitioners, the Supreme Court’s Alice decision produced more questions than answers, as the Court expressly declined to define “something more” and stated that it “need not labor to delimit the precise contours of the ‘abstract ideas’ category.”

"The USPTO stepped in by publishing two sets of “abstract idea” examples based alternately on caselaw and on hypothetical claims. The first set of examples was published in January 27, 2015 (“Abstract Idea Examples”, Examples 1-5) and the second on July 30, 2015 (“July 2015 PTO Update Appendix 1: Examples”, Examples 21-27).

"The table below identifies and categorizes the examples provided by the USPTO in January and July of 2015 based on their patentability or unpatentability, and based on the reasoning provided therefore. Some examples are categorized under multiple columns where the USPTO provided multiple claims with different conclusions."

We wish to highlight the fact that patent lawyers are big enemies here. They are trying to find clever new ways to perpetuate software patentability, defying a high court's decision and also ignoring what software developers actually want.

Patent lawyers are -- bluntly speaking -- parasites.

“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio"

--Marshall Phelps, Microsoft

Recent Techrights' Posts

Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
 
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024
[Meme] Was He So Productive He Had to be Expelled Somehow? (After He Was Elected and Had Given Many Years of Work to Earn a Board Seat)
Things like these seem to lessen the incentive to devote one's life to Free software projects
GNOME Foundation is Causing Itself More Embarrassment With Secrecy Than With Full Transparency
It also arouses suspicion and hostility towards Codes of Conduct, which gave rise to 'secret courts' governed by large corporations
Links 23/07/2024: NetherRealm Layoffs and Illegitimate Patent 'Courts' (Illegal)
Links for the day
Gemini Links 23/07/2024: AM Radio, ngIRCd, and Munin
Links for the day
A Lot of GNU/Linux Growth on the Client Side is Owing to India (Where GNU/Linux Has Reached 16%)
A lot of this happened in recent years
Insulting Free Software Users in Social Control Media (Proprietary, Bloated With Opaque JavaScript) is Like Insulting Amish on TV
Why bother? Don't take the bait.
When Wikileaks Sources Were Actually Murdered and Wikileaks Was Still a Wiki
when Wikileaks was a young site and still an actual wiki
statCounter: Dutch GNU/Linux Usage Surged 1% in Summer
Microsoft is running out of things to actually sell
Microsoft's "Results" Next Week Will be Ugly (But It'll Lie About Them, as Usual)
Where can Microsoft find income rather than losses as its debt continues to grow and layoffs accelerate?
Julian Assange is Still Being Dehumanised in Media Whose Owners Wikileaks Berated (With Underlying Facts or Leaks)
Wikileaks and Free software aren't the same thing. Nevertheless, the tactics used to infiltrate or discredit both ought to be understood.
A Month Later
We're optimistic on many fronts
Links 23/07/2024: Downsizing and Microsoft and Still Damage Control
Links for the day
Gemini Links 23/07/2024: Friends and Solitaire
Links for the day
Why the Media is Dying (It Sucks, No Mentally Healthy People Will Tolerate This for Long)
linking to actual news articles helps fuel the spam, too
Censorship in Eklektix's Linux Weekly News (LWN)
Medieval system of speech, where the monarchs (Linux Foundation) dictate what's permissible to say
10 Years of In-Depth EPO Coverage at Techrights (Many Others Have Abandoned the Topic)
Listen to staff
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 22, 2024
IRC logs for Monday, July 22, 2024
[Meme] The Latest in the Microsoft Windows Blame Game
Microsoft found the culprit and came to everyone's rescue!
Links 22/07/2024: Overworking and Performance Issues From Europe
Links for the day
Microsoft Eliminates 67% of the Building Occupancy - That's Some Truly Massive Layoffs
Half a dozen floors? Microsoft cuts that down to two.
[Meme] Signs of a Dying Patent Office
"Bribe the media to say you excel"
This Month's General Consultative Committee (GCC) Webchat ('Meeting') Covered the European Patent Office's Attacks on Its Own Interpreters
The Central Staff Committee is currently circulating a report with appendices about the GCC meeting [sic] (webchat) that took place less than a fortnight ago
A Byzantine European Patent Office Where Staff Must Beg for Help With Contraception (Worse Than the Rest of Europe)
The Central Staff Committee (EPO staff representation) has just circulated a report
[Teaser] EPO Run by Children
"Daddy, why was I born?"
Let's Encrypt About to Fall Below 100 (Capsules) in Geminispace, It's Basically in a Freefall
The "self-signed" portion keeps growing
Gemini Links 22/07/2024: Spacewalk Dies and Old Computer Challenge in the Rear View
Links for the day
For the First Time Since May Linux.com (Linux Foundation) Published Something. It's All Spam.
Can we trust the Linux Foundation to look after anything at all? Look what it turned this once-thriving site into.
Honduras: Windows Down, Android Peaking Again
Honduras does not have many stakes in Microsoft
[Meme] Twitter (X) Will Reject the Concept of a Female President
Twitter (X) is controlled by misogynists, who socially control (or socially-engineer) their fake concept of "media"
Second Family Photo of Julian Assange Since His Release (First Since His Birthday)
His wife shows the 4 of them for the first time (2 hours ago)
Protesters in Kenya Need Software That is Free (Libre) and Supports Real Encryption in Order to Avoid Capture and Torture (Sometimes Execution)
There's more to fight over than economic issues
The Ludicrous Idea That GNU/Linux is a "Poor Man's" Operating System
Seeing the trends in countries such an Norway, it ought to be abundantly clear that adoption of GNU/Linux has nothing to do with poverty
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)