Bonum Certa Men Certa

Software Patents Purely for Marketing Purposes in an Age When These Aren't Enforceable Anyway

Marketing overload and wasted effort

Marketing



Summary: Examples from the past week of patents whose sole purpose seems to be promotion of some software rather than prospects of successful litigation

UNOFFICIALLY, software patents are a thing of the past in the United States. The USPTO continues to grant them (not for long perhaps), but courts repeatedly reject them and PTAB does too.



We are watching software patents closely. We try to gain insights into how they get granted and where/when.

Days ago we saw this article about R3. The whole article is about a potential patent or two and it certainly seems like a misguided move from the startup. R3 seems not to know that such patents have no validity/weight in a court of law. These are a waste of time and money, but R3 is pursuing these anyway. To quote the article: "Consortium startup R3 has filed two patent applications detailing its work on applying distributed ledger tech to "dynamic" agreements between financial institutions.

"The two applications – submitted last year and published by the the U.S. Patent and Trademark Office on Oct. 19 – detail the use of a system for tracking, maintaining and updating agreements via a shared ledger."

These are applications for software patents; the USPTO ought to reject these on grounds like Section 101 (abstract ideas).

Another new example we stumbled upon was Tangoe, which is trying to disguise or 'dress up' software patents using buzzwords like IoT. Based on this press release, it's another timely example of software patents that should not be granted by the Office.

Another new example comes from ProofPlus. It speaks of an "additional patent for the software engine that drives the ProofPlus electronic document system," but the abstract nature of this is almost self explanatory within the sentence.

Accompanying this puff piece we have this press release [1, 2] titled "Chinese Government Allows Patenting of US Company's Compliance Software for Financial Documents" (very similar to the headline above). Well, China has a patent bubble/gold rush going on right now; SIPO still grants the most hilarious and dumbest of patents, so there's nothing to be proud of here. They are clearly pursuing self-legitimacy in the wrong places.

A few days ago we saw this announcement from VerifyMe, an obscure (to us) firm which describes itself as "a pioneer in patented physical, cyber and biometric technologies" (as if the patents matter).

Here is another new press release which boasts/brags about software patents by stating: "Intensity Analytics, a specialized software company with patented identity and cybersecurity products..."

FICO too has just wasted money pursuing software patents and then issuing a press release about them [1, 2]. Not enforceable post-Alice, but hey, at least they can use the "p" word to impress potential shareholders.

Here is another days-old press release that says "Enterprise IP management software is an automation system for modern corporate that supports in the tracking of patents, trademarks, copyrights and IP."

These things barely work, but there's plenty of marketing for them. Now, here's a funny claim from British media a few days ago:

Crowdfunding in August 2015 led to industrial design, hardware, software, packaging and a patent.

Paul added: “Just two per cent of patents become products. But with passion you can do it.”


Where does that figure come from? Is it made up?

In conclusion, a lot of the media and especially press releases tend do market software around the idea that there's a patent (or several patents) on it. Classic example of patents as means of marketing rather than any practical value.

Recent Techrights' Posts

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day