Bonum Certa Men Certa

Alice/€§ 101 is Improving the Quality of Patents in the United States and Patent Law Firms Are Panicking

If code, then invalid patent

Code



Summary: Patent maximalists in the United States not only freak out over Alice but also distort the outcome of recent court cases (Federal Circuit) in order to make it seem as though Alice is going away

THE likelihood of receiving software patents from the USPTO is decreasing. The Patent Trial and Appeal Board (PTAB) nowadays gets involved in mere patent applications, not just patent grants or already-granted patents. We gave many examples of that last month and earlier this month. We suppose that PTAB is going to break another record, whereas reliable sources say that the number of patents granted by the USPTO will have decreased by year's end. It's not a bad thing but a sign of improved patent quality/scrutiny.



"We suppose that PTAB is going to break another record, whereas reliable sources say that the number of patents granted by the USPTO will have decreased by year's end. It's not a bad thing but a sign of improved patent quality/scrutiny."Look at Taiwan. It has a very strong economy (a lot stronger than China's). According to this post/rant from IAM, the number of patents in Taiwan is decreasing, not increasing, unlike China with SIPO. Lessons for EPO and USPTO? It's OK to grant fewer patents, the important thing is quality, not quantity. It's always about quality, not numbers. China amasses patents by the millions, but that doesn't mean China is ahead. Litigation is China in soaring and it's not necessarily a good thing (unless you work for a law firm). In Taiwan the number of granted patents has been decreasing for a number of years, so there's a trend. Nobody seems to be upset about it except the patent trolls' and maximalists' lobby (IAM). Here is what it wrote:

New figures released by the Taiwan IP Office show that mainland Chinese firms are playing a greater role than ever in the local patent environment. Both resident and non-resident firms upped their filing rates in 2017 as the island managed to reverse several years of falling applications. Among the biggest corporate TIPO users, invention patent filings increased by nearly 25%.

The last year in which Taiwan patent applications increased year-over-year was 2012, when they reached a peak of 51,189. The headline figure from 2017 was well below that figure – coming in at 46,122 – but it did represent 5% growth over a 12-month period. Both resident and non-resident applicants were more active.


IAM keeps speaking about "growth", but a growth of what? Monopolies? One can easily grant millions of monopolies overnight. Would that be a positive thing? Would that add value to the economy and improve people's lifestyles? Of course not.

"One can easily grant millions of monopolies overnight. Would that be a positive thing? Would that add value to the economy and improve people's lifestyles? Of course not. "We were watching with scepticism and restrained disdain this latest nonsense from Bilski Blog, best known for Alice spin and promotion of software patents. These Big Litigation lobbyists (Fenwick & West) are, as usual, using cases that aren't about software patents to promote an illusion/lie. Christopher King even names Core Wireless (GUIs, not algorithms). But these lies are profitable to them. To quote the core basis for the flawed hypothesis (the headline says "Thawing in the 3600s? An Updated Look at Allowance Rates Post Alice"):

Although even with the increases in 2017 the allowance-to-abandonment ratios are still far below their pre-Alice levels, the statistics suggest that a sea change may have begun, with the PTO starting to loosen somewhat in the wake of a series of pro-eligibility cases such as Enfish, BASCOM, McRO, Thales, Trading Technologies and Visual Memory. More recent pro-eligibility cases such as Finjan, Core Wireless, Berkheimer and Aatrix will presumably further bolster this trend.


A lot of these cases aren't about software!

But just as we expected, facts don't matter to these people. Here's Amol Parikh from McDermott Will & Emery mentioning Core Wireless in relation to software again (title says "Concrete Solution to Computer Problem Is Patent Eligible").

"A lot of these cases aren't about software!"Then there's yesterday's lie from the American Enterprise Institute (AEI). These cases aren't about software patents and hardly about Alice (wrong case for the subject at hand), but then again AEI is a very nefarious front group, so this kind of slant is expected.

It names Aatrix and Berkheimer -- two cases which we recently emphasised (almost a dozen times in a dozen articles) were not about software. To quote AEI:

First, in Berkheimer v. Hewlett-Packard, the Federal Circuit upended a lower court’s entry of summary judgment — a pre-trial legal ruling — that the patent (for processing and archiving files in a digital asset management system) was ineligible under Alice.

[...]

Just a week later, in a similar case, Aatrix v. Green Shades Software, the Federal Circuit again vacated a lower court’s early rejection on eligibility grounds, this time of a patent on “designing, creating, and importing data into a viewable form on a computer so that a user can manipulate the form data and create viewable forms and reports.”


This is misleading, but their goal is to comfort applicants and cushion applications, urging for more of both. They just want lots and lots of software patents at a time when they're simply a waste of time and money (but monetary gain to lawyers).

"They just want lots and lots of software patents at a time when they're simply a waste of time and money (but monetary gain to lawyers)."Watch this new article from LeClairRyan's Gunnar Leinberg and Bryan Smith. These patent extremists are really very nervous about Alice, as it dooms their hopes of profit from software patents. "Drafting Strategies to Avoid Subject Matter Eligibility Issues and to Minimize the Risks of Having a Section 101 Dismissal Based on Recent Federal Circuit Decisions" is the title of their article. They're just trying to work around €§ 101 (rather than simply accept it, which would be the rational thing to do).

How about Patently-O with "What are the Rules for Assessing Patent Eligibility?"

In Front Row Tech. v. MLB Advanced Media, the patentee has filed a petition for writ of certiorari – asking the Supreme Court flip the lower court rulings on its sports-data-app patents.


The Supreme Court has repeatedly (for years) rejected such petitions for writ of certiorari. It's not interested in revisiting a subject it already dealt with nearly 4 years ago.

Over at Watchtroll, the most extremist of patent advocacy sites, an event's introduction started thusly: "Is there hope for Alice? What recent Federal Circuit decisions mean for drafting and litigating software patents in the U.S..."

"The Supreme Court has repeatedly (for years) rejected such petitions for writ of certiorari. It's not interested in revisiting a subject it already dealt with nearly 4 years ago."Maybe they meant "Is there hope for bypasing Alice?" rather than "Is there hope for Alice?"

Perhaps they live in a mythical planet where Alice no longer matters at all. Maybe that's how they try to seduce people to attend another lobbying event. Watchtroll meanwhile (selectively) recalls Google losing at PTAB, under the headline "A Google Opponent Actually Wins an IPR Battle with the Tech Giant" (conveniently never covering any of the cases where Google's IPRs were successful).

Let's just face the facts; Google tackles low-quality patents with assistance from PTAB. Who other than patent attorneys (like Watchtroll) stands to lose from elimination of patents that oughtn't have been granted?

"Their motivations are tainted by their sheer greed and their judgment is clouded by desire rather than reason."Kluwer Patent Blog recalled Arendi's case against Google some days ago. "The Patent Trial and Appeal Board correctly determined that all 79 claims of a patent related to a computerized method for identifying and substituting information in an electronic document were invalid for obviousness," said the summary. Maybe Watchtroll should write a little more about such cases.

The bottom line is, Alice isn't really challenged in any meaningful way, but people who make a living by 'selling' the illusion that software patents are worth pursuing always find excuses to claim otherwise. Don't listen to them. Their motivations are tainted by their sheer greed and their judgment is clouded by desire rather than reason.

Recent Techrights' Posts

Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
 
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same