Bonum Certa Men Certa

US Supreme Court Defends Position on Alice, Maintaining/Cementing a Ban on Software Patents Like the Rest of the World

China is probably one of the few countries where 'pure' software patents are accepted (for the sake of mass litigation)

China's trolls



Summary: Software patents are a dying breed as the lion's share of nations will not recognise them (in courts) and the UPC -- an intrusion vector for software patents in Europe -- is also not happening

LAST night we found out that the US Supreme Court (SCOTUS) won't be touching any of the cases that can somehow impact Alice, notably the case which only days ago we correctly predicted it would pass on. Section 101 (USPTO), therefore, won't be changed significantly any time soon. As Patently-O has just put it:



In its first action for the October 2017 term, the Supreme Court has (inter alia) denied Certiorari in three pending Patent Cases:

16-1288 SYNOPSYS, INC. V. MENTOR GRAPHICS CORPORATION 16-1442 ARUNACHALAM V. SAP AMERICA, INC. 16-1427 OLEKSY V. GENERAL ELECTRIC CO.


SCOTUS will not reverse its precedence on software patents any time soon. Software patents are still de facto dead in the US, but the patent microcosm won't rest in peace.

How about the EPO? Well, currently it's hard to enforce software patents in Europe because national courts simply say no, and rightly so!

Having said that, the EPO once again pushed the SME lie. It did it again yesterday. It's an attempt to paint UPC as "good for SMEs" (which is a lie). Also yesterday we saw Penny Gilbert, Peter Damerell and Alex Driver trying to push the UPC with this long article. Someone should explain to Powell Gilbert LLP that the UPC is likely dead (they probably already know that) so that they don't misinform clients or random readers. The UPC is like a hypothetical project; it's not even happening and they already leap to it with advice, including the following section about software and business methods:

To what extent can inventions covering software be patented?

Computer programs as such are expressly excluded from patentability, but claims involving computer programs are not excluded if the claimed subject matter has a technical character.

To what extent can inventions covering business methods be patented?

Business methods as such are expressly excluded from patentability. However, like computer programs, business methods may be patentable if the claimed subject matter has a technical character.


As we said quite a few years back, the UPC would be a Trojan horse for software patents in Europe, bypassing national patent laws and enforcing rulings on such patents in pertinent nations in direct contradiction to their laws. We need to stop this.

The EPO appeal boards have long tackled the issue of software patents. I wrote a letter to them (about software patents) almost a decade ago. They're all about quality control and enforcement of the EPC; in September we saw reports like "Synthon says EPO appeal board has revoked Copaxone API patent" -- serving to remind us of the crucial role played by these appeal boards.

Let's remind ourselves that much of the world now despises and opposes software patents. Laws have accordingly changed, most recently in Australia (we wrote a lot about that last month). In Africa, based on this new article, a company now adopts a terrible strategy by saying "it intends to sharpen its focus on Quiptel's patented suite of software and technology products and offerings, and also will restructure its content division."

"Going forward," it said, "Quiptel's technology and software patents will now drive the company's primary business focus."

Where would they use such patents? Almost no courts would honour such patents anymore. Maybe China? Japan's courts have become too strict.

Speaking of software patents in Asia, IP Watch has just published this new interview with the Korean IP Commissioner Sung Yunmo. They asked him nothing about software patents which -- as we understand it -- are sort of banned there. IAM's Jacob Schindler has this new series about "Patents in Asia" and in it there's this part about South Korea. Schindler "has reached out to the most trusted patent firms across a range of Asian jurisdictions to prepare the Patents in Asia supplement that follows," he wrote. "It should serve as a handy reference for chief IP officers over the year to come."

From the text about South Korea:



To what extent can inventions covering software or computer-implemented inventions be patented?

For a software invention to be granted, certain requirements must be met:

- First, information processing by software should be realised concretely by using hardware (eg, claims should describe involvement of concrete hardware-type components that account for information processing and interaction between them).

- In addition, claims should not involve human activities (as opposed to software processing).

Further, software inventions can be claimed in the form of a method, apparatus, computer-readable medium (storing a computer program) or computer program (stored on a medium). By contrast, claims directed to software, a computer program per se (not stored on a medium) or a program product are not allowed. To what extent can inventions covering business methods be patented?

Business method inventions are subject to the same requirements as software inventions.


It sounds like more or less the same loopholes which exist in India, New Zealand and Europe. It's very clear that so-called 'pure' software patents are not permitted. That's just the new reality in the US, too.

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026