Bonum Certa Men Certa

Many Software Firms No Longer Bother With Software Patents, Especially After Alice

Monopoly on abstract ideas or algorithms is clearly a bad idea

Games of monopoly



Summary: News about patents on software, covering the US, India, and Europe, where trends are going in the opposite direction (patent scope broadened rather than restricted, e.g. barring abstract software patents)

THE historic decision from SCOTUS regarding Alice revolutionised the USPTO in the sense that software patents are no longer so easy to grant. Previously, based on some statistics, as much as 92% of patent applications in the US were eventually met with a grant (in other words, almost every application was "successful", so it was a de facto rubber-stamping operation, left for the courts to actually deal with). Call it rubber-stamping or rubbish-stamping (putting a stamp on every bit or rubbish); the outcome was that legal fees would be passed to accused defendants. Patent lawyers were happy and large companies with a dedicated team of full-time lawyers didn't mind much; the main sufferers were small companies with limited financial means and a prohibitive budget. This could bankrupt them. The patent maximalists now show in pictures two of the world's worst patent systems (China and US) with a small number of grantees and the number of patents granted to each, showing who really benefits from such a sordid system.



"Software patents have no place in India."The lobbyists from the US, people who are fronts for the likes of IBM and Microsoft, have been trying hard to expand this madness to software powerhouses such as India (where software patents are not allowed). This new article from the Indian media says that "Qualcomm Inc, US-based semiconductor company that designs and markets wireless telecommunication products globally, has been denied an Indian patent for an ‘invention’ regarding a technology for distributing personlised electronic coupons (e-coupons) to a slew of mobile devices through servers."

Software patents have no place in India. This has been very clear, more so than in Europe. Neel Chatterjee and Sid Venkatesan in the mean time, writing at AOL, said yesterday that:

The second trend has been the fallout following the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank, which caused reverberations throughout the patent landscape by leading to the invalidation of many software patents. The Alice decision makes clear that patents cannot claim abstract concepts without adding anything inventive.

The decision has since been applied to invalidate many other software patents, ranging from patents covering financial techniques implemented using the Internet, ad-supported Internet content and many other computer-implemented concepts. These validity challenges are currently winning way more often than losing.

Alice’s broad impact has left software companies scratching their heads about how much to invest in software patenting, with at least some startups questioning whether to build a software patent portfolio at all. The IPR and CBM patent kill rates have only underscored these concerns.


Despite pressure from abusive EPO management, software patents are still not officially allowed in Europe. The EPO-funded 'journalists' know this and one of them continues (as before) to whitewash patent raiders, mafias, and thugs such as Sisvel. With phrases like "IP owners have also enjoyed injunctive and seizure success against alleged infringers at trade shows in other parts of Europe" one wonders how a raid can be characterised as "joy" or "success". Previously, in Europe, Sisvel was confiscating (stealing) devices because of software patents, despite them not being eligible in Europe. This is just lawlessness -- apparently lawlessness that EPO-funded writers can happily stand behind.

"Previously, in Europe, Sisvel was confiscating (stealing) devices because of software patents, despite them not being eligible in Europe."Earlier today a software patents promoter from IP Kat (Annsley Merelle Ward) wrote about Merck and patents. "Accordingly," she said, "Merck Global was entitled to an injunction against all defendants (joint tortfeasorship being found due to the inter-relating corporate structure of the defendants) to restrain infringement of Merck Global’s UK marks."

Isn't this wonderful? Patents on people's lives. Merck is protecting its monopoly, price hikes/fixing (artificially-elevated costs), etc. It does this by means of patent aggression.

We often worry that the EU patent systems (notably the EPO if UPC ever becomes a reality) won't retain any level of sanity and will instead deviate to fit the US system, inviting a lot of patent trolls. MIP is comparing EPO and USPTO post-grant practices, concluding that "the US process of post grant review shares many similarities with European opposition. However, the processes are not identical, with one of the most significant differences being the estoppel created by post grant review. Consideration of this difference between the processes must form a key pillar of any advice presented to clients on this issue, especially where there is the potential for future infringement proceedings."

Well, if the EPO was ever to mimic or imitate the USPTO, then it needs to take note of the demise of software patents in the US. As this new article titled "Invalidating software claims under 35 U.S.C. €§ 101" put it:

The U.S. District Court for the Western District of Washington held, in Recognicorp, LLC v. Nintendo Co. Ltd., et al, that claims to certain methods and systems for encoding/decoding image data are not patent-eligible under 35 U.S.C. €§ 101. Recognicorp is an illustrative example of the use of preliminary motion practice to dispose of patent cases on the pleadings and of how software-based inventions that are premised on seemingly simple algorithms are particularly susceptible to early dismissal.


The key part there says that "software-based inventions that are premised on seemingly simple algorithms are particularly susceptible to early dismissal."

The future looks fine for opponents of software patents, but nothing should be taken for granted because patent lawyers and their big clients are already scheming, as we habitually show, to reverse the precedence set at the Supreme Court. They're revolting against what they perceive as illegitimate challenge to their power and infinite wealth (which they hide in remote islands so as to evade tax).

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
 
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025