Bonum Certa Men Certa

Hype Waves Exploited by the Software Patents Lobby: Blockchain, Autonomous Driving, Artificial Intelligence, Big Data, and Wearables

Beach textures



Summary: In an effort to tackle (or work around) 35 U.S.C. €§ 101 the patent microcosm embraces and overuses a bunch of popular, fashionable, sometimes-revived trends, which nonetheless represent software-implemented concepts and are often not novel at all (except the buzzwords)

THE MOMENT that a buzzword (or a hype wave) gets used to describe a patent (or an invention, whether real or perceived) you just know that someone is trying to bypass 35 U.S.C. €§ 101 (or a similar section) at the USPTO. It has become so common. Companies disguise software patents as all sorts of things, including "cloud", "IoT", and "AI".

"Companies disguise software patents as all sorts of things, including "cloud", "IoT", and "AI"."There's an attempt to find new methods to patent software. Over the weekend when Patent Docs did its usual event/broadcast promotions (e.g. [1, 2, 3, 4]) it also revealed this upcoming 'webinar' set up by a villainous corporate front group, Intellectual Property Owners Association (IPO), funded by IBM and others like it in order to push software patents and try to change the law. This 'webinar' is lobbying on €§ 101 and it covers "patent eligibility grounds on the basis that there are factual disputes that underlie the determination of patent eligibility under €§ 101."

"Over the past week we have seen quite a few buzzwords being used as surrogates for software patents."These software patents are worthless. But if they're not challenged at PTAB or in a court, then they might still be useful for coercion purposes.

Over the past week we have seen quite a few buzzwords being used as surrogates for software patents. Blockchain patents, for example, are software patents and are therefore worthless, but don't think that patent lawyers will allow this hype wave to go to waste. Fritz Wetzel/Ratner Prestia wrote an article titled "Blockchain Technology—Patent Eligible Subject Matter or Just a Business Model?"

It's introduced as a "software-based technology":

Briefly, blockchain is a software-based technology that allows the transfer of data in certain divided blocks which are all encrypted. The blocks need to be confirmed from different participants in a network and will be stored decentralized. Hence, it is or should not be possible to manipulate the transferred and stored data because if only one block is manipulated, the system would immediately recognize this manipulation and can prevent any claim or request on this data. Not only can this technology be used to transfer funds between market participants, it can also perform the transfer of any kind of data such as music files, literature, smart license contracts and even sensitive confidential data from governments.



Another so-called 'software-based technology' is HEVC, which is full of patents that IAM is promoting this month, along with so-called "autonomous vehicles" patents. It has become another one of those hype waves -- to the point where two days ago Watchtroll published "Ford Developing Autonomous Systems for Police Cars, Other Emergency Vehicle" (software again).

These patent maximalists/lawyers are, as usual, attempting to patent software under the guise of "Autonomous Driving". Here's the new article titled "The Driverless Race Is On: Patenting Autonomous Driving" (we already wrote some articles on this topic).

"This development is, for instance, focused on platforms, software, navigation and infrastructure," says the article. It boils down to software which does things inside the car.

There are other renewed hype waves in the headline. Samuel Davis, for example, wrote for IAM about "AI" under the heading "Beyond the hype" (ironically), then alluding to "AI for intellectual property" (alluding to patent management, for example, using computer programs).

"There are other renewed hype waves in the headline."The patent maximalists, i.e. people who profit from patents, are jumping on revived hype waves here. How about "House Bill Would Establish National Security Commission on Artificial Intelligence"? Patent Docs published that a few days ago and as we noted here last month, Jones Day (Carl A. Kukkonen III, Douglas H. Pearson Ph.D. and Ognian V. Shentov) came up with a slant on "AI" and "BD" hype (they even gave an acronym to "Big Data"). They're reposting it:

AI and BD inventions can be effectively and concurrently protected via patents, trade secrets, and copyrights, as well as by means of contractual arrangements. Notwithstanding such variety of protection mechanisms, patents remain an essential part of an overall IP strategy for innovation-oriented companies. Given uncertainties over patent eligibility and validity, careful attention must be heeded to optimally capture the value of AI and BD innovations for both defensive and offensive purposes.


"Wearable" is another one of those hype waves. Todd C. Basile and David J. Dykeman decided that a "Patent Strategy is Crucial for Wearable Innovations," but all we have here is a couple of patent attorneys trying to sell patents on just about anything, this time in the form of a bogus article which is actually lobbying/marketing:

As wearable innovations continue to enhance and shape healthcare and the way we live, innovators must focus on protecting their inventions. By building a strategic patent portfolio that has worldwide patent protection, innovators can thrive in the growing wearables market.


As we recently saw in a district court in California, even patents on so-called 'wearables' are nowadays deemed abstract.

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete