Bonum Certa Men Certa

The Section 101 USPTO 'Debate' (for a 'Report') is a Bunch of Lawyers Debating Among Themselves, No Engineers/Scientists Involved

Summary: A review of the contents of the USPTO's report which deals with software patents, based on various people who looked into it and paid attention to the parties involved

THE USPTO can't help organising all these PR charades, which are echo chamber-like events and reports (forums, roundtables etc.) that we have been writing a lot about since last year (we also wrote about it in 2013). What good are these? They only help reinforce the views of the patent microcosm and elements of it that prey on large companies.



Will Hill, an occasional Techrights contributor, wrote the following summary in Diaspora* (in response to what we had written):

They go to some pains to say that comments came from practitioners and inventors, but the written comments seem to all come from lawyers. The report has a “computer-related technologies” section which has a show of debate, perhaps like the recent “fake news” debate

/****** In contrast to the life sciences field, those in the computer industry were more sharply divided in their views of recent Supreme Court precedent. Some members of the public welcomed the Court’s intervention in the law of patent eligibility. Far from sounding the “death knell” for software innovation,335 several members of the public argued that Alice instead addresses the very real problem of abusive patent litigation driven by overly broad patents.336 According to these commentators, the decision has made patent litigation more efficient and has provided companies with an important tool to defend against spurious lawsuits.337 Likewise, others characterized Alice as striking an appropriate balance between innovators and downstream users of computer-implemented inventions. 338 One participant doubted that the Supreme Court, directly confronted with the issue, would actually hold “that software is not patentable.”339 Another argued that Alice doesn’t go far enough, and that patents are “an imposition” on people that write software and “slow down their ability to create.” 340 ***********/

The numbers are cites to the transcript and written reports by Google, IBM, Mozilla, Microsoft, etc. Yes, the participants all seem to be lawyers.

You can find lists of participants, all in crappy Word to PDF documents with minimally functioning links at, https://www.uspto.gov/patent/initiatives/patent-subject-matter-eligibility-roundtable-2 to get the transcript and written reports. https://www.uspto.gov/sites/default/files/documents/RT2 Transcript FINAL.pdf https://www.uspto.gov/patent/initiatives/comments-patent-subject-matter-eligibility-roundtable-2

The report tries to make itself look like a collaborative effort, /******* There were over 250 participants from across the country representing abroad cross-section of the patent community, including industry, private practice, academia, associations,inventors, and small businesses. ***********/

I suppose legal council is a form of representation, but it’s one only a few people can afford much less the time and travel expenses of participation, and the claim that “small business” were represented rings hollow.



Professor Dennis Crouch misleads this week. Most parties, based on the above (those whose employers actually make stuff) favoured Alice. Misleading framing from Crouch: "The USPTO’s new Section 101 Report [101-Report] is fairly bland, and primarily reports that most of the public input favored a legislative change that would expand patent eligibility to include many of the life-science and software innovations excluded under Mayo/Alice."

CCIA's Josh Landau also wrote something yesterday. He explained why large technology companies now oppose software patents (except, notably, IBM, which is just utterly evil on that front).

To quote the relevant section:

Computer-Related Industries Favor Alice



The Patent Office report correctly notes that the two industries that have seen the most impact from recent Supreme Court decisions on €§ 101 are life sciences (Myriad and Mayo) and computer-related industries (Alice). Summarizing the viewpoints expressed by the public, it states that the life sciences are united in favor of changing €§ 101, while computer-related industries are divided.

This is half right. The life sciences industry is essentially united. But so are computer-related industries. They’re united in favor of €§ 101 and Alice.

Intel? Google? Oracle? Amazon? Microsoft? Groups representing startups (Engine), the software industry (SIIA), high-tech and Internet companies (CCIA and IA), and the video game industry (ESA)? The PTO notes that they all supported the current state of €§ 101 and provided a long list of reasons why. Alice has helped startups and small businesses defend themselves from spurious patent lawsuits. It has provided a tool to reduce the cost of patent litigation. And it’s provided a sensible tool to weed out poor quality and overbroad patents that try to claim ideas, rather than solutions.

There is one major exception—IBM. IBM is most likely the single largest patent-holder in the U.S., but it’s seen 5 straight years of declining revenue and growth. (A fact which, in and of itself, should make you question whether the number of patents granted is actually indicative of innovation.) About the only place where IBM is growing is in the yearly “number of patents granted” figure; given that, IBM’s desire to prevent invalidation of the patent portfolio that’s become its crown jewels makes sense.



Watchtroll, as expected, is tugging in the other direction, pushing IBM's agenda as recently as yesterday. They just want legal chaos.

Recent Techrights' Posts

At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
The Energy Crisis Will Likely Carry on and Kill the Slop Industry
To the slop charlatans, "this is the end, my friend..."
SLAPP Censorship - Part 44 Out of 200: Garrett and Graveley 'Copypasta' Sunday (Copy-Paste, Add One Word, Change 'T' to 't')
recycling text
 
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day
Links 12/04/2026: Climate, Conflict, and Change in Hungaristan
Links for the day
Gemini Links 12/04/2026: Passports, Science, and Lateral Thinking with Withered Technology
Links for the day
EPO on Strike This Past Friday (All Major Sites), Massive Strike Continues Tomorrow
strikes have trebled, not trembled, compared to last month (in Munich)
Links 12/04/2026: SLAPPs Against Thai Journalists Who Expose High-Level Corruption, Maharlika (Philippines/Marcos) Threatens to Lawyer Up Against GAFAM to Demand Censorship of Critics
Links for the day
Racism and IBM
at IBM and Red Hat people who are hard-working and proficient are now being fired based on their ethnicity and nationality (or either)
When Cruelty is the Point (American SLAPPs in London, the United Kingdom, Europe)
Consider the following
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site
SLAPP Censorship - Part 43 Out of 200: Garrett and Graveley Particulars of Claims Almost Identical and 5RB Needs to Investigate Its Barristers (Its Reputation is at Stake)
Scrolling up and down in social control media
Gemini Links 11/04/2026: Floppy Disks on Linux and Junix
Links for the day
statCounter: Microsoft Windows Falls to All-Time Low This Month in France
French government agencies are ordered to move to GNU/Linux
Disgruntled IBMers Explain Why IBM is Circling Down a Death Spiral, Gerstner (Recently Deceased) Destroyed IBM in April 1993, and IBM Now Weaponises PIPs to Attack Its Own
We've just checked if anyone has covered mass layoffs at IBM Red Hat. Nope.
The Central Staff Committee of the EPO Explains Late March Meetings Coinciding With Commencement of the Non-Stop Strikes at Europe's Second-Largest Institution
The fifth meeting report and sixth meeting report show some of the concerns leading up to the mass strikes
Gemini Links 11/04/2026: Critique of Delta Chat and Why Trying to Emulate Centralised, Addictive "Facebook" is Misguided
Links for the day
Links 11/04/2026: Scam Altman’s Trust Issues at OpenAI and EFF Quitting Twitter
Links for the day
Links 11/04/2026: Twitter Presence Considered Harmful to News Sites, "The Future of Everything is Lies"
Links for the day
thenextweb.com (TNW) Appears to Have Become a Slopfarm, Fake Articles About France and GNU/Linux Flood the Web
If you're not against slop, you're part of the problem
Almost 3 Days Later, Still Zero Press Coverage (Except One Publisher) About Mass Layoffs at Red Hat, Almost 500 People Laid Off (Over 400 for Sure)
"A document posted by FOSS advocacy site Techrights appears to be that memo and explains that Red Hat has devised a location strategy under which it has identified key sites for prioritized hiring and strategic workforce investment."
The Register MS, About 6 Million Pounds in Debt, Helps Promote Microsoft's Gartner Group and Prop Up the Ponzi Scheme of Slop Plagiarism, Fake Article Mentions "AI" About 20 Times
What was now known as The Register UK not only works against the interests of the UK; it works for charlatans and frauds
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 10, 2026
IRC logs for Friday, April 10, 2026