Bonum Certa Men Certa

Patents Roundup: Software Patents Debate in the US, Microsoft and Apple Fight in Favour

Depositing money using weaponised patents, for the benefit or enrichment of patent trolls, monopolists, and those working for them

Deposit



Summary: A week's roundup of news about software patents in the United States, primarily from sources that stand to gain from them (software monopolists and patent lawyers)

THE US patent system, the USPTO (which also combines another aspect, trademarks), is arguably creating a chilling environment that at times can discourage innovation. This has been a subject of active debate for quite some time because in some domains, such as software, any development work can be done quickly by a single person, to whom it is infeasible to study a lot of patents before undertaking the development work. To make matter worse, because a lot of software is reducible to logic or mathematics, there may not be any workarounds, especially when the patent is so vague that it covers a whole breadth of different approaches (patent on a progress bar for instance).



"To make matter worse, because a lot of software is reducible to logic or mathematics, there may not be any workarounds, especially when the patent is so vague that it covers a whole breadth of different approaches (patent on a progress bar for instance)."The world's prominent patent maximalists (and occasional proponents of patent trolls) promoted the potency of software patents back in September, in spite of Alice. Also see Amanda Ciccatelli's "How the USPTO's “analysis paralysis” changed the software patent game". She said that "As of late, the USPTO has invalidated an increasing number of software patents and denied numerous patent applications that deal with software that’s too abstract. With so much uncertainty about the patentability of software-related inventions, there are steps that patent-seekers take to ensure compliance with €§101."

Looking to this new article from a lawyers' site, it becomes clearer just how some patents can discourage creation, either pre-actively, out of fear, or after the work was already done. To quote: "Receiving a cease and desist letter that alleges patent infringement is becoming more common in today’s competitive business markets and may come as a shock to the recipient, particularly if the sender is unknown to them and the recipient is unaware of the patents referenced in the cease and desist letter. That shock may quickly evolve into an emotional reaction based on an assumption or suspicion that the sender may be a “patent troll”, which may result in the letter being tossed into the garbage."

"Software patents are the weapon of choice of patent trolls and patent lawyers universally like these because they profit from feuds."Software patents are the weapon of choice of patent trolls and patent lawyers universally like these because they profit from feuds. The more litigation, the more business they get. That's just how this market works; companies don't just amass patents for publicity, vanity, etc. as though these are trophies. They use these offensively.

This new article by Tony Dutra speaks of a new story about patent trolls. To quote the gist of it: "A Harvard Business School study released Dec. 9 claims that patents on inventions in the financial services industry score lower on standard measures of quality compared to patents in non-financial fields.

"Professor Josh Lerner and his team looked at patents awarded by the Patent and Trademark Office after the Federal Circuit's 1998 State Street Bank decision opened the door to business method patents. The patents featured fewer citations to other documentation—non-patent literature, leading academic journals, etc.—that is likely to show an exhaustive prior art search for patentability assessments."

"That's just how this market works; companies don't just amass patents for publicity, vanity, etc. as though these are trophies. They use these offensively."According to this new report from the Financial Times, Goldman Sachs "had applied to patent a virtual currency settlement system" (we mentioned this some days ago). The intersection between patents on business methods and on software were previously explored by SCOTUS with the Bilski case.

Justin Blows, an Australian patent attorney, speaks about the recent trolling with encryption patents (patents on software). He called it "the rise of US software patents", but in reality, software patents are a declining market in the US. Blows says that in "the Alice decision, a two-step test for patent-eligible subject matter was created. In a first step, it is considered if the claims are directed to an abstract idea. If so, in a second step it is considered whether the claims have a sufficient "inventive concept" to render the idea patent-eligible. A summary of the two-step test can be found here.

"I do not believe that anyone would dispute that encryption is directed to an abstract idea. In fact, many computer implemented calculations relate to an abstract idea and so this question is particularly interesting."

"...Microsoft and Apple are now lobbying for software patents, not so surprisingly (they both use software patents against GNU, Linux, Free software and so forth)."Software patents are still on their way out (as we have shown here before, with some exceptions). Based on this new report, titled "Court to hear animation case some call broad threat to software patents", Microsoft and Apple are now lobbying for software patents, not so surprisingly (they both use software patents against GNU, Linux, Free software and so forth).

To quote Reuters, "McRO Inc, its attorneys at MoloLamken and Mishcon de Reya, and an industry group that counts Apple Inc and Microsoft Corp among its members, say that a ruling last year from a district court in California canceling McRO's patent puts the software industry in jeopardy."

Interesting to see the litigation/litigious firm which the EPO uses to attack me (Mishcon de Reya) on the same side as Microsoft.

Recent Techrights' Posts

"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
 
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026