Bonum Certa Men Certa

Patents Roundup: SCOTUS, CAFC, and Software Patents

Removing software patents from the US patent system still not on the agenda in Washington

US Capitol



Summary: A quick overview of some news of interest from the US patent system, where software patents are still on the agenda (but not their official elimination)

SCOTUS



SEVERAL sites recently analysed cases destined (or likely) to reach SCOTUS, the US Supreme Court. Here is one such example. It doesn't appear as though SCOTUS will entertain the question of software patentability any time soon, so the impact of Alice will stand unshaken/unchallenged.

"It doesn't appear as though SCOTUS will entertain the question of software patentability any time soon, so the impact of Alice will stand unshaken/unchallenged."It sure seems like a lot of practicing firms no longer pursue software patents to the same degree as before, neither in the courtroom nor in the patent office. The patent system itself, just like justice, is too slow and expensive. See this new article which says "Judge Indira Talwani emphasized the importance of timely intervention in any patent infringement suit, in a recent opinion out of the District of Massachusetts. In this case, an exclusive licensee of several patents was not permitted to intervene in a patent infringement suit, largely because its motion was filed many months too late."

When patent cases take years to be settled (or decided on by a court) it contributes a great deal to uncertainty, not just legal costs, e.g. lawyers' fees. Surely the lawyers and the courts love this a great deal. It's what gives them job security.

Federal Circuit



"When patent cases take years to be settled (or decided on by a court) it contributes a great deal to uncertainty, not just legal costs, e.g. lawyers' fees."The Patent Trial and Appeal Board (PTAB) has contributed to the demise of patents on software in the US. The Court of Appeals for the Federal Circuit (CAFC), which introduced software patents in the first place and sometimes interacts with PTAB, has been the subject of focus in several recent posts from Dennis Crouch. Today he wrote that the "USPTO Stall[s] Implementation of Federal Circuit Decisions," noting that "[a]ccording to Tam’s pi-day filed mandamus action, however, the USPTO Director has indicated that she will not comply with the Court’s until all potential appeals have been exhausted or expired. As such, the USPTO continues to refuse to publish the mark in the Official Gazette."

Yes, great 'justice' right there.

Another very recent post from Crouch said that the Federal Circuit actually expressed reluctance to accept patents on certain computer games. To quote:

In reviewing the application, the Examiner Layno (Games art unit 3711) rejected these card games patents as ineligible under Section 101 – noting that the claim is “an attempt to claim a new set of rules for playing a card game [and thus] qualifies as an abstract idea.” The Patent Trial & Appeal Board affirmed that ruling – holding that “independent claim 1 is directed to a set of rules for conducting a wagering game which . . . constitutes a patent-ineligible abstract idea.” The particular physical steps such as shuffling and dealing are conventional elements of card-gambling and therefore (according to the Board) insufficient to transform the claimed abstract idea into a patent eligible invention.


It is good and increasingly reassuring to see that CAFC, under additional pressure from PTAB, sees the light on software patents and thus limits them.

Bizarre Patents



A lot of abstract patent applications are being accepted as valid in the US and even rather trivial ones (which children can come up with) end up being accepted by the USPTO, where quality control basically got thrown out the window. Earlier today we saw MIP talking to people whose business is patenting seeds/plants/life and then suing companies (or threatening to sue them). "A new patent shows how airfares may one day depend on your girth," said this very recent headline as well and speaking of games, here is an article by Joe Mullin about a topic which he covered before and we thereafter mentioned. "Defendant Jordan Gwyther," Mullin claims, "has said that the litigation could threaten the future of his favorite hobby: live action role-playing, or "LARPing." Gwyther and his fellow LARPers recreate medieval battles, wearing armor and using foam weapons to stage fights in local fields and parks."

"Crouch has just tackled the question of prior art, but when examiners are overworked and compensated for grants more than for rejections, does it surprise anyone that almost every US patent application ends up being successful?"Patents on games are probably a step too far, especially when they involve virtual equivalents of something that existed for many centuries (if not millennial timescale). Crouch has just tackled the question of prior art, but when examiners are overworked and compensated for grants more than for rejections, does it surprise anyone that almost every US patent application ends up being successful? The EPO is now aping this trend, quite unfortunately.

Software Patents



Over in the US, where Amazon has some of the world's most notorious software patents (Amazon is trying to do the same in Europe), Amazon is now seeking patent monopolies on biometric authentication. Biometrics are passwords you basically cannot change, but Amazon patents the misguided idea nonetheless. See some of today's headlines, such as "Amazon Wants the Patent for Pay-By-Selfie", "Amazon seeks patent for buying items with a look", and "Amazon Wants the Patent for Pay-By-Selfie" [1, 2, 3].

"These aren't "Americans" but multinational corporations that are based in the US."As one article put it, "Amazon has filed a patent application to allow users to pay for items by taking a selfie. The tech giant argues the move would improve people's security as they carry out more and more tasks online."

Amazon also works closely with the CIA ($600 million computing deal), so sending Amazon many of personal, grainy photos isn't necessarily the smartest thing to do.

"Americans file more patents in Australia than Australians!" screams a new headline today, but is anybody surprised? These aren't "Americans" but multinational corporations that are based in the US. How many of these patents are on software?

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
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
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
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
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
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
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
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