Bonum Certa Men Certa

Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

...not that courts tolerate these patents (if one can afford fighting them in court)

A lionSummary: Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid

THE number of software patents at the USPTO is hundreds of thousands. And these are the ones that aren't expired yet. It's a bubble. It's madness. No way any software developer (or even software firm) can keep track of this many patents, which is one of many reasons such patents aren't desirable.



Suffice to say, software patents are being 'dressed up' as something they're not. As this news article from South Africa put it four days ago, it's widely known that the "existence of patents may actually stifle innovation in key sectors, for example in software..."

This article is about patents on life-saving medicine -- an area in which prominent US lobbyists (including the Podesta Group) bully South Africans, on behalf of large US corporations, obviously. From the article:

In the case of medicines, the mere existence of patent protection may lead to the high price of lives being lost, as in our recent history, when millions of South Africans could not afford antiretroviral treatment for HIV, and as in the present day, when few can afford the impossible burden of new, life-saving treatments for cancer.


The other day we also saw this article about Singapore, noting correctly that they may need to limit "patent regime to spur innovation and improve the quality of patents granted..."

"What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc."Because patent quality matters. Not the number of patents. It should be about quality, not quantity. Singapore should stop issuing/granting software patents and patents on business methods, not just on genome (or anything about DNA). To quote: "One of the package’s most important steps is to follow decisions in the landmark cases of Association for Molecular Pathology v Myriad Genetics, from the US, and Australia’s D'Arcy v Myriad Genetics by clarifying that Singapore believes isolating DNA" is not patenable.

Only the crazy EPO has decided to become the world's laughing stock by granting patents on genome. As we said earlier today, the EPO also gave a green light/loophole to software patenting -- something which examiners we heard from vehemently object to but are pressured (from above) to accept.

What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc.

These are the new tricks.

Buzzword overload and media hype, accompanied by marketing from large companies, brought back an old buzzword from the dead. Now it's "AI" everywhere; for whose benefit? It's not a new concept and it's a broad area which pertains to statistics and maths (at the lower level). I did my doctorate on it.

"It’s a shame the above companies/people don’t know that software patents are a waste of time and mere paper, mostly because these are worthless in courts."It's disturbing to see just how often these days patents get painted as "AI" to hide the fact that they're on software and maths. Here is a new example [1, 2] (only days old) which speaks of an "AI techniques to identify individual attacker behavior and to judge the severity of combinations of such behaviors."

There's an illusion of novelty and illusion of it not being abstract, but courts in the US repeatedly reject such patents (the USTPO continues to grant them, under the assumption a buzzword like "AI" can bypass tests). It's all just software. How about this other example from last week's news? Malicious patents that are not only on software but also for surveillance? Surely Alice makes these patent-ineligible. Here's another new one, which speaks of "pioneer[ing] in patented physical, cyber and biometric technologies..."

"Will examiners learn to stop all these tricks and loopholes? They’re being ambushed and bamboozled by law firms whose main skill (or so-called ‘service’) is confusing examiners into granting what they should not."Well, biometrics are software. There's a device for scanning, sure, but much of the work is done by maths. Is "biometric" another one of those buzzwords that are now being used to disguise software patents? It's a shame the above companies/people don't know that software patents are a waste of time and mere paper, mostly because these are worthless in courts. Maybe some dishonest lawyers talked them into it. Here is another example, this one saying that "BOS GLOBAL Holdings PLC managing director hailed as a “remarkable achievement” the granting of two Australian patents protecting its workplace productivity software."

Well, as we noted here earlier this month (citing an Australian law firm), the Australian courts don't tolerate software patents, so this too is a waste of time and money.

Will examiners learn to stop all these tricks and loopholes? They're being ambushed and bamboozled by law firms whose main skill (or so-called 'service') is confusing examiners into granting what they should not. ⬆

Recent Techrights' Posts

100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
 
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026