Bonum Certa Men Certa

Software Patents Are Effectively Dead in the US, But You Wouldn't Know This If You Relied on Patent Law Firms' 'Advice'

Shutting their ears when they lose the argument

Earplugs



Summary: Although patent lawyers want us to believe that software patents are just fine (citing cases fewer than the fingers of one hand), the reality is rather grim for them and we explain why

SOFTWARE patents are a dying breed of patents (or patent family) in the United States. They might still be enjoying somewhat of a legacy or inertia (until expiry), but there's not much of a future for them as long as Alice is upheld by SCOTUS (hopefully -- and there's absolutely no guarantee here -- Trump's Conservative Justices won't reverse/override this decision/precedent).



"Over the past week we saw the predators bemoaning the state of software patents in the US."FOSS-centric companies don't bother with such patents or simply give up on any prospect of lawsuits (defensive/retaliatory purposes only). This new article asks in its headline, "Is a Blockchain Patent Still Possible?"

Even if such a patent was granted, in the area/domain of financial software patents there's probably the worst success rate (in the courts). Some estimate the success rate to be 10% or lower. "But regardless of whether a viable bitcoin patent exists," says the article, "both Nakamoto’s 2008 article describing the bitcoin system and the bitcoin network in operation since 2009 qualify as "prior art" against any new attempt to patent a blockchain system."

In simple terms, prior art in the Internet and especially post-World Wide Web era (1990s onwards) makes it hard to defend software patents, even if they have been granted in error by the USPTO.

"Imagine the reaction if accountants openly advertised methods for dodging/evading tax. Imagine if they did so on their own Web sites..."Over the past week we saw the predators bemoaning the state of software patents in the US. Haynes and Boone LLP bemoaned the scarcity of "Patent-Eligible Software Claims" (post-Alice) and later noted that such patents can barely withstand courts' scrutiny. Just watch Haynes and Boone LLP moaning and sobbing because the US hardly tolerates software patents these days. They're partly in denial over it and they latch onto few exceptional cases to make it seem as though things might be improving (cherry-picking tactics that piggyback particular Court of Appeals for the Federal Circuit cases).

Other such dishonest firms are openly trying to work out new ways by which to patent software, even when software patents are semi-officially not acceptable. Who are these people kidding? Courts of the highest level repeatedly say "no" to software patents, but Watchtroll tries to tell people how to fool the courts and get software patents anyway. How very typical from him.

"Where are the real journalists and why are news feeds dominated by pure marketing, composed by those who try to attract business by misleading claims (bias by omission)?"Imagine the reaction if accountants openly advertised methods for dodging/evading tax. Imagine if they did so on their own Web sites...

Another law firm was pushing the software patents agenda a few days ago. Rather than be frank with clients and acknowledge that Alice made such patents not worth pursuing they just add question marks (twice in the headline alone) and then name-drop the aforementioned cherry-picked CAFC cases.

Here we have another example of a patent law firm spreading this spin about software patents, again by cherry-picking CAFC decisions to suit their agenda.

Where are the real journalists and why are news feeds dominated by pure marketing, composed by those who try to attract business by misleading claims (bias by omission)? What ever happened to investigative reporting and well-funded newspapers? It's all PR now.

Taking old decisions that somehow suit their narrative, patent law firms tried to tell us software patents were fine also (another example here). They suggested ways of 'tricking' CAFC. Here is another new example of that, courtesy of Husch Blackwell LLP.

"They only keep track of (or a record of) the "wins" and none of the defeats, in order to construct a false, misleading picture, then present that to clients under the guise of "advice" or even "news"."When will we see an equal (or greater) number of articles that were not actually written by those who try to sell something? Imagine what war journalism would look like if 90% of it was composed directly by companies that sell arms...

Based on what we have been able to gather, all the latest cases yielded nothing but bad news for software patents. "US Pat 9,083,997," said one attorney the other say, was "Killed by Twitter @ Dist. Ct w/Alice/101" and Versata's software patents came under scrutiny from Ford, as the following good news site put it:

Ford Motor Co. returned to the Patent Trial and Appeal Board on Friday to challenge three Versata software patents involved in a trade secrets and infringement case, just over a month after the board declined the auto maker’s request that the PTAB institute America Invents Act reviews.

In separate petitions, Ford argued various claims in the Versata Development Group Inc. patents are invalid because they are obvious. The patents cover automotive configuration manager software that Versata has accused Ford of stealing.


As we noted in our previous post, the Patent Trial and Appeal Board is the most prolific eliminator of software patents. As for Versata, we wrote dozens of articles about it in past years. We predict that its patents are now on the chopping block, but don't expect patent law firms to pay attention to any of this. They only keep track of (or a record of) the "wins" and none of the defeats, in order to construct a false, misleading picture, then present that to clients under the guise of "advice" or even "news".

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
 
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025