Bonum Certa Men Certa

The Bizarre World of US Patents and Ongoing Pursuit/Granting of Software Patents in Spite of Section 101

Summary: A survey of recent patents that are either far too trivial, pertain purely to software, promote surveillance, or are pursued purely for vanity (when a court is likely to deem these invalid anyway)

THE US patent office is still granting all sorts of bizarre patents (low quality/certainty levels), sometimes to be facing challenge/refutation/overturning by courts, PTAB, oppositions etc. Patent examination is not a simple task, but the more safeguards exist, the more likely patents are to be upheld and successfully enforced at the end (when plenty of money is invested in litigation/negotiation). A legitimate patent would be granted in the interest of the public on novel ideas that are also not trivial and can be demonstrated physically (e.g. with a prototype). There aren't many such patents, certainly not millions. Some of the most notorious patents were granted on mere concepts or tasks which can be carried out using pen and paper (or in one's mind alone).

"Some of the most notorious patents were granted on mere concepts or tasks which can be carried out using pen and paper (or in one's mind alone)."Over the summer we've taken note of news about patents we wish to comment on, for we believe that these demonstrate a problem with quality control and/or perception of patents in the US.

Symantec



It's no secret that Symantec is still pursuing software patents. This latest example is said to "Protect Torrent Users Against Malware", which means that it's a software patent on security. Generally speaking, Symantec does not have a track record as a patent bully; in fact, it sometimes fights back against patent trolls, notably in Intellectual Ventures LLC v Symantec Corp (fairly recent case, decided by a high court).

"What chance does this patent have when properly scrutinised like in Intellectual Ventures LLC v Symantec Corp?"What isn't clear here, however, is the USPTO's decision to continue granting software patents after Alice. What chance does this patent have when properly scrutinised like in Intellectual Ventures LLC v Symantec Corp? Is such a patent necessary in the first place? Can it be challenged at PTAB with an IPR?

Apple



Apple's patents are often a source of amusement because the company rides a wave of hype, powered both by fans and by paid marketing. Look at this new patent. Can one say "trivial"? Like... ridiculously trivial? Can one not see that this is a software patent (thus invalid/not patent-eligible) that is not novel, either?

"Can one not see that this is a software patent (thus invalid/not patent-eligible) that is not novel, either?"The truth of the matter is, Apple continues pursuing very trivial patents and examiners in the US don't seem to mind. We have heard similar stories from inside the EPO (regarding applications from Apple). Here is another one: see the first article about it [1, 2] (cross-posted) and some followup from the mainstream media. This is not an invention but a trivial software patent (Alice would definitely swat it) that probably merits a yawn. There have been British derivatives of these reports with "999" rather than "911" [1, 2]. It wouldn't even make the news if it didn't involve the brand name "Apple". The patent in a nutshell? "Apple has patented a process that would allow users to secretly call 911 using only their fingerprint.

"In a patent published by the United States Patent and Trademark Office on Tuesday, the tech giant outlined a feature that would allow users to call emergency services “when a conventional method may not be practical.”"

"Do they get a monopoly on this because they were first to file?!"It's just about as trivial as it sounds. Do they get a monopoly on this because they were first to file?!

Microsoft



Speaking of Apple and the likes of them, watch Microsoft trying to grab patents on things it did not even 'invent'. "You will soon be able to track laptops in case of theft, Microsoft patent reveals," according to this report, which rightly then adds that it's something users "already have on... Android smartphones."

"Are they going to use "hands" as the equivalent of "device" to pretend that it doesn't simply boil down to computer vision and is thus pure software?"So can Microsoft now go bullying Android OEMs? Even if it did not invent this? And it boils down to spying? More spying on people using cameras was covered in this article titled "Patents show Apple & Microsoft Racing to bring Hand Gesturing Systems to Computers, Home Appliances & more" (footage going upstream for them to conduct surveillance with).

Are they going to use "hands" as the equivalent of "device" to pretend that it doesn't simply boil down to computer vision and is thus pure software?

Google



Speaking of privacy-hostile patents, "Google Patents Extracting Facts from the Web" (or data-mining).

"This is pure software, or machine learning. It oughtn't merit a patent."I already wrote a proposal and did this 12 years ago (akin to prior art), but it doesn't seem to bother large companies like Google, which simply want to stockpile lots of low-quality patents. "When Google crawls the Web," says the article, "it collects information about content on the pages it finds as well as links on pages. How much does it collect information about facts on the Web?"

This is pure software, or machine learning. It oughtn't merit a patent.

Cisco



Some large corporations are more aggressive than others and Cisco is one of those companies that often get sued by patent trolls. But Cisco is itself rather aggressive too and we previously wrote about how Cisco continued to (mis)use patents for embargoes on Arista products [1, 2, 3, 4]. There was recently a successful suspension of imports. As one report put it:

Cisco Systems has won a significant victory in its legal battle with Arista Networks, since its smaller rival agreed to suspend imports of some of its network switching products. However, it’s unclear how long that suspension will remain in place.

The International Trade Commission (ITC) in May ruled that Arista’s Ethernet switches violated two of six Cisco patents and ordered that the company stop shipping those products into the United States. However, the regulatory board allowed a 60-day “Presidential review period” during which Arista could continue importing the switches.



IAM wrote about a different Cisco case. Being a mouthpiece for patent trolls in the US and elsewhere, IAM was calling for "balance in patent debates in the US" (by balance it meant the opposite of balance, for only balance that IAM understands is the bank balance of Joff Wild and cohorts). Here is what IAM said in relation to a Cisco case:

In the US the patent troll narrative has become one of the dominant forces in how IP owners, lawyers and legislators talk about and view the patent system. It is a narrative that has been extraordinarily successful and while there have been and continue to be abuses of the system by some entities looking to extract nuisance settlements with poor quality or overly broad patents, there is also another side to this debate.


Terms such as "IP owners" (above) are meaningless because "IP" is not a patent but a nebulous, vague concept and patents are assigned/granted, not "owned".

Now that Blockchains are being polluted by patent thickets [1, 2] see what IAM is publishing about such patents. As if innovation does not matter as much as a gold rush for patents.

Patent Hype



It's quite a problem when companies apply for patents merely to use them as some kind of trophy or a badge of honour, even when there's virtually no use to them. Being granted a software patent, for example, is not "innovation" but protectionism by restricting others' right to write algorithms; yet watch this press release from June [1, 2] and this article which claimed "three patents to show for its four decades in existence."

"It's quite a problem when companies apply for patents merely to use them as some kind of trophy or a badge of honour, even when there's virtually no use to them."Well, patents and innovation are not the same thing, so less than one patent per decade is fine. They need to reject the myth of patents as surrogate for value or innovation.

Watch what Lifeline claimed last month [1, 2]. To quote: "The principals of Lifeline and the engineers at NTU filed for and received software patents on the technology."

"Software patents were granted by USPTO examiners, but we are pretty certain that PTAB and/or courts would disagree with the grant, citing Section 101."So they're invalid. Software patents no longer have much (or any) value.

Here is another press release from that time [1, 2], calling someone "the inventor and multiple patents holder of software-defined networks..."

Software again.

How about this one? Software patents were granted by USPTO examiners, but we are pretty certain that PTAB and/or courts would disagree with the grant, citing Section 101.

"If all you have to show is a US patent in a paid press release, then maybe you have nothing else to show (or do)."Here is another press release that's purely about patents [1, 2]. This one has a photo too. How cheesy! We have decided to reproduce it below:

TELoIP patent



If all you have to show is a US patent in a paid press release, then maybe you have nothing else to show (or do). TELoIP actually paid to publish this!

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
 
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
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
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
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
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"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
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