Bonum Certa Men Certa

An Uphill Battle for Software Patents in the United States, Except When Catchphrases and Buzzwords Are Used

20 Buzzwords you have to know in Artificial Intelligence
Reference: 20 Buzzwords you have to know in Artificial Intelligence



Summary: Barring or excepting misuse of buzzwords such as Artificial Intelligence, software patents have become incredibly hard to assert in the United States, albeit they're possible to sneak past examiners and then license without any legal challenge

THIS summer, i.e. several months from now, Alice will turn four. The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that.



"The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that."Watchtroll is still overtly promoting software patents, even in a so-called 'webiner'. It's like a front group. But worry not, they're not getting their way.

One way remains to get software patents past examiners and sometimes judges too. It boils down to semantics; they just try to make software patents sound like something they're not. They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI).

"They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI)."It has been particularly hard to overlook or ignore the "AI" buzzword (and media hype) this month. Everywhere one looks in the news -- not just science news -- it's "AI", "AI", "AI"... it's not even a new concept.

Wayne Ramsay, Chief Strategy Officer at Exigent, wrote about "AI" some days ago in relation to law firms. It's time for law firms which neither understand "AI" nor care about "AI" to just say "AI" all the time:

Instead, alternative providers have taken a multifaceted approach to innovation: still applying the FTE billable hour model while slowly shifting to the faster, better quality, fixed-fee model enabled by Artificial Intelligence. [AI]


"We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms."All this hype about artificial intelligence has even reached IAM some days ago ("Patent search: the evolution from manual to artificial intelligence"), not to mention Lexology ("Artificial Intelligence: All Our Patent Are Belong to You 3.0"). This nearly sickening media hype around "Artificial Intelligence" (especially over the past month) is mystifying. Who is pushing this? The concept is many decades old. Why is it all of a sudden like the "next best thing"? We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms. A lot of examiners might not be familiar with these concepts, which can make any old idea sound more novel/innovative. I actually implemented "AI" more than 15 years ago when I wrote game engines and wrote papers about machine learning about 15 years ago when working on my Ph.D. Even back then those things weren't particularly cutting-edge. It's statistics. It's mathematics.

We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion.

"We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion."Why does the US still grant some software patents on what's clearly not eligible under Alice? A few days ago I saw this new press release about 4 newly-granted patents on computer vision (my research discipline). Do they really not know that it's just mathematics (matrices)?

How about Walmart applying for a 3D image patent for online grocery? This too was in the news some days ago and again it's computer vision, i.e. software/geometry. Stop granting monopolies on maths...

"As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible."To name one last example, Aterica licenses mMed patents [1, 2] on a "hardware and software platform," which we assume means that some of these patents simply cover software. As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible. This kind of bundling of decent patents with dubious ones has become so common. It's one way to drive up the price of licensing or litigation (for instance, suing or threatening to sue a company with 100 patents, only a handful of which are decent). Patent maximalism is quite a disease and it's antithetical to the theory of incentive.

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"