Bonum Certa Men Certa

The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

Like asking army generals about the needs of war...

Creating war



Summary: A look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)

THE USPTO keeps snubbing SCOTUS (the Supreme Court) and ignoring decisions like those which annihilate software patents, unlike the Enfish v Microsoft decision [1, 2, 3]. What kind of a rigged office is this? And it's not even a private company, it's portrayed or framed as an institution that exists for the common good.



Based on what we constantly find online, patent lawyers are now selling services (like a webinar in this case) around the uncertainty, promising to be the 'experts' for getting around the rules at the USPTO (while the USPTO often accommodates this, for various different nefarious reasons). Some people in this meta-industry even produce some kind of 'cheatsheet', or "Top Ten 101 Patent Eligibility Patent Drafting Rules...and an Enfish Sideshow," as one patent attorney has just put it, linking to this PDF.

"See what David Kappos is doing nowadays on behalf of large corporations that pay him, including his former employer."The USPTO, as we noted here several days ago, is heavily biased, sometimes by omission. It just wants to grant more and more patents, so restrictions (like patent scope limitations) are considered to be an 'enemy' and a perceived threat to 'results' (or 'growth'). Matt Levy, whose wife works at the USPTO, has just posted a list of USPTO case studies following additional reports (patents 'industry' sites [1, 2]) which say that the USPTO adopts a pro-software patents decision, incorporating it into the examiners' guidance. Why not do anything about a decision from the same court that was against software patents just a few days later? Or many dozens before it, which were also against software patents (at CAFC)? Let's face it, this system is rigged and money (or moneyed interests, or large corporations with their lobbyists) determine what happens. See what David Kappos is doing nowadays on behalf of large corporations that pay him, including his former employer. Kappos was the Director of the USPTO until not so long ago, namely a few years. Like David Petraeus (see image above), the former CIA Director, David Kappos now makes a killing by selling influence and suggesting horrific policies to his 'connections' (doors have revolved). Kappos is paid to do this. His mouth is basically up for sale. He is a lobbyist of the most dangerous kind and thus a source of shame to the system he came from (as it's indicative of institutional corruption).

As one might expect, especially because we showed dozens of examples in the past week alone, patent lawyers continue to ignore almost every CAFC case and instead cherry-pick to add 'detergent' to their shameless never-ending brainwash. Here are 4 new examples [1, 2, 3, 4]. They just keep cropping up at an amazing pace, sending across the message that software patents are now magically patentable again, provided one hires the 'witty' lawyers who write these columns. It's all marketing. Lawyers are typically liars, with few exceptions in many people's experience. They have a client to serve, they're not judges. Brainwash from them can be found aplenty in the Oracle v Google case right now, where the jury and judge hardly know what FOSS and API are. Lawyers of Oracle mislead them every day (we post a lot of links about this case) and the more ignorant the judge and jury remain, the better off Oracle will be. In fact, this whole case is ludicrous and should have been thrown out before it even reached a court. Unfortunately, not programmers assess such cases for their actual merit (or lack thereof).

"They just keep cropping up at an amazing pace, sending across the message that software patents are now magically patentable again, provided one hires the 'witty' lawyers who write these columns."Some of these same patents 'industry' sites now use the aforementioned cases to further stretch the limits of patenting (see "Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract"), but it isn't exactly shocking, is it? We found only one single new report about the Vehicle Intelligence case (a case we have covered here for months), which resulted in software patents being chucked away, as is usually the case after Alice. That's not what the patents 'industry' wants people to hear about, so it nonchalantly ignores this ruling. ⬆

Recent Techrights' Posts

The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
 
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026