Bonum Certa Men Certa

To Save Face, USPTO Ought to Stop Granting Software Patents Altogether

The US Supreme Court (SCOTUS) needs to be respected by the patent office, not just the courts

Guilt presumption



Summary: The US patent office continues to grant patents that are obviously not patent-eligible, causing innocent parties to be sued and sometimes settle out of fear or lack of funds (for legal defense)

THE USPTO is trying to mislead itself (and the public) with this new 'report' which was compiled with input from not a single scientist (almost). In spite of Alice, Section 101 is still a subject of 'debate' and in the mean time, in spite of very high rejection rates in courts, USPTO examiners continue granting software patents. We have heard from EPO examiners that the same thing happens in Munich (under pressure from management). How long can this charade go on for?



"How long can this charade go on for?""Only the software per se – that is, the source code – is excluded from patentability" in Brazil, according to this new article from a firm marketing itself. Yesterday it wrote this:

Only the software per se – that is, the source code – is excluded from patentability. Any technical result obtained from a given software can be patented (eg, a method carried out by software instructions and systems or devices affected by software instructions). The Brazilian Patent and Trademark Office (BPTO) Examination Guidelines state:

“An industrial creation – process or product associated with the process – implemented by a computer program, which solves a problem found in the technique not solely concerning the way in which this computer program is written, can be considered an invention.”


The term "per se" is also used by India's patent office; in Europe it's "as such" (and similar in New Zealand). All these loopholes are a disservice to patent quality and certainly to the software profession (my profession).

"All these loopholes are a disservice to patent quality and certainly to the software profession (my profession)."As the EFF's Daniel Nazer showed earlier this week, software patents from HP make both the company and the USPTO look like they're not doing their job. Lo and behold: "Stupid Patent of the Month"

On July 25, 2017, the Patent Office issued a patent to HP on reminder messages. Someone needs to remind the Patent Office to look at the real world before issuing patents.

United States Patent No. 9,715,680 (the ’680 patent) is titled “Reminder messages.” While the patent application does suggest some minor tweaks to standard automated reminders, none of these supposed additions deserve patent protection.

[...]

The ’680 patent comes from an application filed in July 2012. It is supposed to represent a non-obvious advance on technology that existed before that date. Of course, reminder messages were standard many years before the application was filed. And just a few minutes of research reveals that QR codes were already used to encode information for reminder messages. For example, QRickit suggested using QR codes for calendar events and reminders (with the option of adding additional information beyond the event descriptor). This 2011 article suggests using QR codes to embed information such as “assignments for the week.” The only even arguable difference from the prior art is that the patent’s claims require the “article data” to be received after the event data. In our view, that is not a distinction that warrants the government-granted monopoly power inherent in a patent.


So more than 3 years after Alice the USPTO continues granting such utterly ridiculous software patents?

"The reckless granting of software patents in the US needs to stop."How can this be excused? Certainly, if courts or even PTAB looked into it, they would quickly invalidate the patent. But probably, as is often the case, if such a patent is used against an individual or a small company, he/she/it would not be able to afford a legal battle or challenge and would rather settle.

Then there's the ITC's latest controversy, which is still in the news this week because it shows sheer disregard for PTAB. The ITC is not a patent court but an imperialist apparatus for giant corporations like Microsoft, Apple, and Cisco (to embargo rivals by).

"Why can the USPTO not keep up with the Supreme Court of the country?"The reckless granting of software patents in the US needs to stop. The Justices have already spoken on the matter and various determinations from the Court of Appeals for the Federal Circuit (CAFC) have reaffirmed this position since.

In the mean time, here comes another lawsuit involving software patents. It was announced yesterday as follows: "The complaint asserts that Keysight and Ixia's ThreatARMOR, Vision ONE, and Application and Threat Intelligence products and services are infringing at-least four key patents owned by Centripetal Networks. These patents generally relate to protecting networks by quickly identifying new network security threats, identifying compromised hosts, and dynamically managing massively scaled network security policies."

Pure software. Bunk!

Why can the USPTO not keep up with the Supreme Court of the country? This is what it leads to...

Recent Techrights' Posts

Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
 
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan