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

Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
 
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026