Bonum Certa Men Certa

Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

Unless you can actually see the supposed invention, it's likely just code and thus invalid under Section 101/Alice

Coding



Summary: Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these

THE US Supreme Court (SCOTUS) ruled against software patents in the summer of 2013. Things have changed profoundly since then. Each year it seems like the system -- mostly but not limited to the legal system -- is becoming more hostile towards software patents. They're just not worth the time and money anymore.



"We're talking about trolls and serial litigators here. They suffer badly and some have gone out of business (good riddance!)."Software patents are not officially dead. Moreover, there's a threat of them coming back, for circles that are hostile towards software development try to prop them up again. Every single week we write about several of their concurrent attempts, ranging from legislative/lobbying to subversion/entryism. For them, it's likely a fight for their very survival. We're talking about trolls and serial litigators here. They suffer badly and some have gone out of business (good riddance!).

The reality of the matter is, companies like Apple patent all sorts of malicious software that's being celebrated in their fan sites. They don't want the public to think of it as software, but since this particular domain is my professional domain it's clear to me that it's pure softwar which they patent and the USPTO tolerates this. Here is another new example, this time from Virtual StrongBox, which was mentioned here before (last month). They patent pure software. It's mathematics. They just phrase things in a way that's intended to dodge or work around Section 101. Here we see another case of nonsensical, meaningless buzzwords like "technical effect". A translation says "when software solves a technical problem you are definitely in the area where a patent is possible" (page in Spanish). The EPO is equally culpable here. How about this new example? The USPTO is once again granting software patents -- something in the realm business methods/mathematics (abstract).

To quote this article:

Pittsburgh entrepreneur Mike Wagner is best known for his high-growth company which specializes in optimizing carrier pricing in real-time. Now, Wagner’s Target Freight Management has introduced a new technology to an industry with the announcement of their patent for Freight Innovation Density Analytics - or FIDA.


That's mathematics. The USPTO facilitates a race to the bottom if it permits this kind of grant. Here is another new example, where software gets patented under the guise of the buzzword "deep learning". There's a gold rush for software patents under the guise o buzzwords like "AI", "machine learning" and so on (I know how these things technically work and implemented them in the past; it's purely mathematics/statistics).

In the next post we shall take a closer look at technology giants that amass software patents and misuse these against competitors (we say "misuse" because these patents are likely patent-ineligible, but it's expensive to prove so).

Recent Techrights' Posts

The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
 
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
In Praise of Debian
30 hours ago we began an upgrade
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt
Google News Sloppy Again
Today was disappointing
European Patent Office Management Mocked for Trying to 'Bribe' Staff With a Little Food
The Office is having a crisis; a little breakfast treat won't solve it
SLAPP Censorship - Part 62 Out of 200: Garrett and Graveley Issue Astounding Copy-Paste Masterpiece Asserting Publicly-Accessible Embarrassing Facts Must Remain Hidden
Are Garrett and Graveley twins separated at birth but joined by GNOME and Microsoft?
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day