Bonum Certa Men Certa

Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

Buzzword
Reference: Buzzword



Summary: The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

THE demise of software patents is very much real in the United States (the USPTO grants these only if semantic tricks are being used and courts don't easily fall for such semantics). The EPO is another matter, which we deal with separately as it's rather frustrating.

Several days ago Microsoft's old 'shill' Rob Enderle was back to implicitly promoting software patents, piggybacking BlackBerry v Facebook (we covered it earlier this month). "Facebook can afford to license," he wrote, "but is part of a wave of companies that didn't believe in software patents and licensing and seemingly gives its products away for free."

"Several days ago Microsoft's old 'shill' Rob Enderle was back to implicitly promoting software patents, piggybacking BlackBerry v Facebook..."Facebook does believe in software patents and has already pursued many of its own, but don't expect to get facts from Enderle. The only positive thing that Facebook does in the domain of patents is its support of PTAB (through front groups that it's funding).

Either way, as we said above, the main route to software patenting in the US (more so nowadays) is semantic tricks, notably buzzwords like "IoT" and "cloud". The same is true in Europe ("4IR" is the buzzword of choice this year). Days ago, Canadian Lawyer suggested patenting software under the guise of another resurgent hype wave, "artificial intelligence". None of this is new, it's more like a fashion and it's led primarily by marketing-type brainstorms.

How about this upcoming 'webinar' on patenting software under the guise of "medical" and "device"? Judge Corcoran from the EPO had dealt with something like this (he rejected a patent of an EPO partner) before Battistelli put him on "house ban". Even if not a retaliatory move, it does make one wonder...

Watch them coming up with another new buzzword: SaMD.

"...the main route to software patenting in the US (more so nowadays) is semantic tricks, notably buzzwords like "IoT" and "cloud"."To quote: "counsel for companies in the medical device industry on protecting software as a medical device (SaMD), and also discuss the new FDA rules regulating SaMD and how to leverage IP law to protect SaMD."

These sorts of think tanks ('webinars') are sickening, yet Patent Docs, a site of patent maximalists, promoted half a dozens of these yesterday. Here's one from the Boston Patent Law Association and the Federal Circuit Bar Association with "The Impact of Recent Section 101 Patent Eligibility Cases on U.S. Innovation" (sounds like Alice lobbying right there!).

The Federal Circuit Bar Association also gives 'access' to Federal Circuit Judge Kara Stoll (if you're rich enough to be able to afford these massive fees) and there's this "Course on Federal Circuit Practice & Procedure". "The course will provide a comprehensive study of the U.S. Court of Appeals for the Federal Circuit (CAFC)," says the outline. We intend to deal separately with CAFC in our next post, especially in relation to Alice.

"Watch them coming up with another new buzzword: SaMD."Last but not least, Patent Docs promoted another lobbying event ('webinar') of the Intellectual Property Owners Association (IPO), which is lobbying hard to thwart Alice and water down Section 101.

All in all, we remain rather concerned to see this well-funded lobby for software patents. Especially in a country where it's notoriously easy to simply buy policy. This lobby is already extremely harmful. It often suggests merely disguising such software patents, so courts will deem them invalid as "abstract" rather than invalid as "algorithm" or invalid as "software".

“With the success we have achieved in early implementations along with the patents we've secured for our innovation," said this press release from 6 days ago, "now is the time to build our sales channels and lead the way in 3D vision guidance software.”

"All in all, we remain rather concerned to see this well-funded lobby for software patents."So they're patenting software. In my research area in fact. We often complain about how computer vision patents get granted in the US, sometimes because they're laden/decorated with buzzwords like "artificial intelligence", "machine learning" and so on (these are all mathematics/algorithms).

How about this other new press release which says "Aquiire features patented, real-time B2B e-commerce shopping" (again, that's software!).

Are examiners paying close enough attention to what they're granting and thus making/rendering a de facto monopoly? It takes a lot of money to challenge wrongly-granted patents and Section 101 is all over these. PTAB would be all of these (if it was petitioned to recheck). Here we have PTAB hater Gross bragging about exceptional cases where IBM 'survives' Section 101 and citing the IAM interview with Iancu he goes again into his ALL CAPS rant mode: "SO WE CAN EXPECT MORE ONGOING 101 NONSENSE FROM PT" (Iancu does not intend to change this any time soon).

"Are examiners paying close enough attention to what they're granting and thus making/rendering a de facto monopoly?"The funniest from him (this past week) is this claim that "PTAB continues indiscriminate use of "abstract idea" to destroy US based innovations..."

He must have meant "destroy software patents," which were themselves destroying US based innovations in many domains other than software. Watchtroll has meanwhile published "Dueling Visions of the Patent System, Dueling Visions for America", which again conflates patent maximalism with the "American Dream" and all that malarkey. We frankly try not to give them much attention anymore, except for entertainment purposes (they're a very angry bunch that bullies judges and officials, including the outgoing USPTO Director). We'll say more about judges and courts in our next post.

Recent Techrights' Posts

Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
 
Thousands of EPO Workers Rally Against EPO Management
The staff is furious to see what became of the EPC and the EPO. This is not sustainable.
In Argentina Firefox is Measured at Only 1%, Google Chrome (Proprietary) at About 90%
And it has long been that way
IBM's March 2026 Layoffs Already Happening (to Accelerate Soon in Europe and America)
We're probably seeing some of the last years of IBM and it's anything but certain that IBM can survive the coming decade
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 05, 2026
IRC logs for Thursday, March 05, 2026
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026
FSF Promoting Richard M. Stallman (RMS) Talk in Switzerland in Just Over a Day From Now
RMS may have more talks on the way
Why Slop Will Flop - Part IV - We've Seen the End of It
Some years ago they insisted blockchains would revolutionise everything
Android is Proprietary 'Linux' and It Becomes More Malicious Over Time, Google Only Delayed What It Planned All Along
Google is a proprietary software giant, GSoC is only a distraction and confusion
Links 04/03/2026: Scam Altman Causes Chatbot Sub Numbers to Plunge, "Stocks Drop as Inflation Risk Emerges"
Links for the day
Why Slop Will Flop - Part III - Our Relationship With Slop (and Yours)
I never - except inadvertently - "used" an LLM-based chatbot
Why Slop Will Flop - Part II - Devil in the Details
News sites or social control media sites which tolerate slop are digging their own grave
Simpler Means Faster
Do you know your bottlenecks?
Gemini Links 04/03/2026: About a Missing Symbol and "Good Manners"
Links for the day
The Register MS Takes Money From Chinese Surveillance Threat to Promote a Ponzi Scheme
"Sponsored by Huawei."
Nicaragua's GNU/Linux Usage Measured at Over 8% by statCounter
Nicaragua is a poor country, but it also has rich culture
Why Slop Will Flop - Part I - Slop Fatigue Prevalent
See, sooner or later people (audiences of colleagues) find out and as soon as they find out you are slopping, they will lose interest
Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026