Bonum Certa Men Certa

Watchtroll, AIPPI, Bristows and Others Keep Pushing Software Patents Agenda (in Spite of the Ban)

AIPPI



Summary: Pressure groups and front groups of the patent microcosm (e.g. AIPPI) -- sometimes even the patent microcosm acting directly -- are still trying to make software patents legitimate, usually behind closed doors, e.g. in private events where only the patent microcosm can debate the subject (no software developers allowed)

WE are gratified to say that 3.5 years after Alice the USPTO is a lot more reluctant to grant patents on software and PTAB often invalidates software patents regardless. Failing that, the courts eliminate software patents (the higher the court, the more hostile toward software patents). This means that applicants are encouraged by the patent microcosm to find workarounds; Peter Glaser and William Gvoth at Watchtroll offered tips to that effect yesterday. Sadly for their bamboozled clients (or people who might naively follow their advice), courts would closely scrutinise patents and manage to figure out that Alice still applies (Section 101 exclusions applicable). Using tricks with semantics might help fool one single examiner, but that doesn't scale well at PTAB (panels) and courts (judges, juries, expert witnesses, attorneys and so on).



"Using tricks with semantics might help fool one single examiner, but that doesn't scale well at PTAB (panels) and courts (judges, juries, expert witnesses, attorneys and so on)."Basically, software patents are bunk. They're finished. Sure, the patent microcosm will attempt to claim otherwise (in order to attract business) and also lobby politicians, but so far these people have not been successful. They also know they're being watched and some of them like to heckle Techrights.

All these patents on blockchain (we wrote several articles about these) are quite likely worthless and merely a bubble, yet we still see articles like this one from yesterday. "Major financial and software institutions (and even some national governments)," it said, "are pouring money into blockchain-related research. This work has generated a crowded landscape of papers, patents and other references..."

"In reality, patents on financial methods (investment/payment/accounting) are some of the most feeble out there."A lot of these patents come from the old banking industry. It's trying to guard its territory and fend off disruptive technologies by claiming monopolies on these (in the form of patents). In reality, patents on financial methods (investment/payment/accounting) are some of the most feeble out there. They're probably the most sensitive/fragile among all software patents, as various sites of the patent microcosm cared to admit.

It's not just the case in the US by the way. Fisher Adams Kelly Callinans's Ernest Graf, for example, has just remarked on the changes in Australia, which is formally ending software patents among other things. "The proposal that patent claims identify an invention's technical features," Graf wrote, "is part of the Government's intention to better define what is appropriate “patentable subject matter”."

Algorithms are not patentable in Australia. They're very clear about that.

"AIPPI does not represent software developers; in fact, it's an enemy of software developers. It represents people and firms like Bristows, who merely prey on software developers."What about Europe? Well, the EPO is creating a massive bubble of patents which we already know to be invalid based on the EPC and Parliament. This bubble is waiting to explode. Two years ago AIPPI expressed concerns about the situation and the rapid deterioration of the EPO. Bristows' new report from AIPPI Congress suggests that software patents are still a subject of discussion there. Benjamin Henrion sarcastically wrote this morning that what we have here is "Patentability of Computer-Implemented Inventions, written by the patent community for the goodness of software developers..."

It's more like a coup. To quote Bristows' staff which has been pushing hard for software patents for many years (in Europe the EPO likes to say "computer-implemented inventions" in order to dodge the term "software patents"):

But as this year’s resolution recited, that application has in fact been scattered, to the point that none of the US, European, Japanese, Chinese, or Korean patent offices even use the same terminology to describe computer-implemented inventions.

After reaffirming the principle that patents should be available for inventions in all fields of technology, and that computer-implemented inventions should not be excluded per se, the key tenets of AIPPI’s resolution were as follows:

(a) The eligibility of a computer-implemented invention for patent protection should not depend on the prior art or any assessment of novelty or inventive step. In other words, subject matter eligibility should assessed independently of these other requirements.

(b) A claim to a computer-implemented invention should pass the eligibility requirement if it defines an invention in at least one field of technology. Whether a claim does so should be assessed on a claim by claim basis, in relation to each claim as a whole.
The references to a “field of technology” adopt the language of Article 27 of TRIPS and Article 52 of the European Patent Convention. A mooted statement to the effect that a claim should be considered to define an invention in a field of technology only if it makes a novel and inventive contribution to that field of technology was debated, but not adopted in the final resolution. The resolution says nothing further about what it means, in AIPPI’s view, to “define an invention in a field of technology”.


AIPPI does not represent software developers; in fact, it's an enemy of software developers. It represents people and firms like Bristows, who merely prey on software developers.

Recent Techrights' Posts

1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
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
 
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
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
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
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025