Bonum Certa Men Certa

US Patent Lawyers Stressed, Still Complaining About Alice Case and the Potential Sunset on Software Patents

Sunset



Summary: As the dawn of a new, post-software patents era is upon us, those who were making money from conflict are bemoaning the state of affairs

In order to salvage whatever reputation it has left, the USPTO must follow the example of SCOTUS (US Supreme Court) and limit the granting of patents on software. This doesn't mean that software patents are already dead, but little by little we may be getting there. It's only bad news for society's richest people.



"This doesn't mean that software patents are already dead, but little by little we may be getting there."According to the bankers' media, Goldman Sachs now uses patents versus competition from the likes of Bitcoin. "Goldman Sachs," explains this article, "has made a patent application for a cryptocurrency settlement system in a move that underlines bank hopes that the architecture behind bitcoin can revolutionise global payments.

"The application for a new virtual currency, dubbed “SETLcoin” by the bank, said it would offer “nearly instantaneous execution and settlement” of trades involving assets including stocks and bonds."

"They are abstract and are therefore not suitable or worthy of patent grants."We previously wrote many articles here about patents which relate to electronic payments. The challenges are being tackled not with innovation but with patent monopolies. Remember that the famous Alice case too involved a bank (CLS Bank). Patent lawyers are incidentally whining again, alleging that the sky is falling because the Supreme Court did its job and told the public the truth about software patents. They are abstract and are therefore not suitable or worthy of patent grants.

""Innovators" is what the lawyers basically call monopolists, for the most part."Here we have another legal firm, Finnegan, Henderson, Farabow, Garrett & Dunner LLP, calling the possible end of software patents (or the beginning of the end) "wreaking havoc" as if it's the most terrible thing to even happen (to them at least). To quote their new article: "The Alice Corp. decision and its progeny have been wreaking havoc at the USPTO. In addition to increasing costs, it has cast a shadow on our patent system. Innovators are seemingly unable to get patents without jumping through the ill‑defined “abstract idea/significantly more” hoop. Worse still, if your application ends up classified as a Business Method application, you could face a never‑ending string of €§ 101 rejections for the time being. Clearly, new approaches are needed to get past perfunctory rejections that dismiss claims as mere abstractions."

"Innovators" is what the lawyers basically call monopolists, for the most part. In their minds, more patents absolutely imply more innovation. It's nonsense. By lowering the bar (and the accompanying fees) every patent office can increase the number of patents. This does nothing for innovation. In many cases, innovation can only be retarded by this.

So, after this dramatic opening they say: "Rejections under €§ 101 generally contain a statement about what “abstract idea” the claims represent, along with a statement that any “additional elements” do not constitute “significantly more” than that idea. It’s quite difficult to get over this first hurdle. The Interim Eligibility Guidance from July asserts that abstract ideas “need not be old or long‑prevalent.” Combined with the Supreme Court’s statement in Alice Corp. v. CLS Bank, 134 S.Ct. 2347, 2354 (2014), that “all inventions . . . embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas,” it is clear that the USPTO considers very few claims to not include some abstract idea."

And rightly so. USPTO is doing what's long overdue because it must become more harmonious with courts' decisions, otherwise confidence in patents will decline and almost every patent granted by the USPTO will be viewed as bogus, invalid, incapable of withstanding scrutiny in court.

"Some articles in the media are overwhelmingly dominated by views of profiteers to whom terms like 'innovation' mean nothing; they never innovated anything in their lives, they just engineered disputes, threats, and lawsuits, often on behalf of some large and powerful institutions."At the end, watch how the lawyers are selling themselves to help confuse examiners and get around the rules: "request an interview with the examiner to get clarification as to which elements are abstract. In your next response, argue that the technological elements of the claims are outside of that abstract idea. This will force the examiner to more clearly explain the rejection, which will prepare your application for appeal or – better yet – result in the withdrawal of the rejection."

Meaning, pay a patent lawyer (i.e. a parasite) to see how you can patent software despite increasingly hostile rules (examination guidelines).

Yesterday at a Christmas party I had a chat with a retired MSP from London (he used to work as a programmer with Fortran before becoming a manager). When I explained to him some of these issues he ended up saying that if patent lawyers end up dried of income, he would very much applaud it. Some articles in the media are overwhelmingly dominated by views of profiteers to whom terms like 'innovation' mean nothing; they never innovated anything in their lives, they just engineered disputes, threats, and lawsuits, often on behalf of some large and powerful institutions. Litigation is not production.

“Never confuse motion with action.”

--Benjamin Franklin



Recent Techrights' Posts

The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to