Bonum Certa Men Certa

Large Corporations and Their Patent Lawyers Up in Arms After US Government Effectively Abolished a Lot of Software Patents

Won't take no for an answer...

ISDS



Summary: The growing conflict between public interests, government patent policies, and rich people (or their corporations) who want it all, not to mention their lawyers/lobbyists

TODAY'S EPO openly promotes software patents in Europe, in effect, metaphorically, spitting on the EPC on which it was founded. This is what happens when maximalists are foolishly put in change. What happens in the US right now is also interesting. Corporations there control the government more so than in Europe, and some increasingly take their government to court over alleged 'damages' (i.e. policies that don't favour said corporations).



Never forget CAFC's introduction of software patents several days ago. Now, see this latest post about CAFC, which says: "As a starting point for most claims against a government is with sovereign immunity. The U.S. Government claims sovereign immunity against suits except where waived. In the patent context, the U.S. government has waived its immunity, but limits the procedure and form of recovery. In particular, 28 U.S.C. €§ 1498(a) provides that “the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture.” The statute also provides cover for contractors or other non-government-entities who infringe the patent “with the authorization or consent of the Government” so that those actions must also be pursued against the U.S. Government. The Court of Federal Claims is located in the same Madison Place building as the Court of Appeals for the Federal Circuit."

As we noted in passing in the previous post, ISDS (and its encapsulating 'hosts', e.g. TTIP/TTPP) is becoming a growing danger. Can corporations, in the guise of "investors", sue the government for taking action against software patents? Can patent trolls too foresee lawsuits against the US government, over Alice at SCOTUS for example? SCOTUS (US Supreme Court) typically rules in favour of corporations, with or without Scalia at the helm, and this new report from WIPR says "US Supreme Court hears arguments on enhanced damages" (who after all would benefit from that?).

Yesterday we found this new paper from Martin H. Snyder of Main Sequence Technology Inc. The abstract says: "Patent systems have not successfully adjusted to the advent of the Information Age. Law developed during the Industrial Age generates harmful distortions when faced with process-based inventions that result in new and useful information. Congress and the courts have attempted solutions, but they are unsatisfying in aspects of repeatability and lack of coherent separation of subject matter eligibility and patentability, with such separation seemingly implicit in the scheme of the patent act. A unifying doctrine of eligibility for information inventions is needed that adheres to standing patent law, court procedures, and normative expectations. Courts should require that process-based inventions have an identified result, which should be construed as a matter of law. Current Markman procedures should be expanded and treated as both eligibility and probable cause phases of the validity inquiry. There is a bar on inventions considered to be abstract ideas, as well as a bar on patenting printed material. These longstanding bars exist because virtually any human activity may be characterized as a process, thus bringing unlimited patent rights into direct conflict with other Constitutional rights. Despite those bars, thousands of computer and biotech patents have issued that constructively cover information and/or the utility derived therefrom. Finding disqualifying abstraction in eligibility and disqualifying abstraction in patentability requires different tests. If a process-based invention’s result is found to comprise information, a new test for eligibility should be applied. The current Alice test should be applied to the patentability inquiry. Abstraction is a continuum on linguistic and semiotic levels, requiring social conventions to create meaning. Finding justiciable meaning in social conventions creates insurmountable challenges to ethical enforcement of intellectual property rights. The literal root of the word abstract means to “draw away”, or consume. The proposed eligibility test requires that the information-consumer of a process-based invention’s result may not be a human being. Because non-human intelligences are a new fact in the world, products of human ingenuity, and essential actors in the Information Age, if the information-consumer is non-human, the information result of such a process-based invention should be patent eligible, subject to statutory and common law patentability requirements. There have been other proposed approaches to solving this problem, but all fall short for various reasons. This proposed new test focusing on the information-consumer is simple to apply across the arts; is technology neutral, intuitively appropriate, empowering of innovation in the Information Age, and highly fitted to American ideals."

What we have here is a corporate lobbying (de facto lobbying) trying to push for software patents in "paper" form (academic guise), much as David Kappos did last year. These people profit from software patents and they are increasingly upset at their government for ending a lot of software patents after a SCOTUS ruling. ⬆

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026