Bonum Certa Men Certa

Software Patents in the United States: It's a Lot More Difficult, But Patent Examiners Must Watch Out for Buzzwords and Hype/Marketing

Patent lawyers/applicants try to describe algorithms in terms which are deliberately misleading

Pep vibrates
Anxious to see if they can mislead the examiners



Summary: A roundup of announcements and news pertaining to software patents in the US, including some of the latest 'trendy' ways for bypassing Alice/Section 101 (in effect a ban on abstract patents, such as patents on algorithms)

THE USPTO does not grant software patents as easily or as frequently as it did before. Sure, many of these slip in and of course the courts (and PTAB) throw many of these away. We happen to be watching (and have watched) patent lawsuits and grants. We try to understand what's going on. Several months ago we habitually showed the many cases/situations where PTAB thwarted patent grants just before the grant; Section 101 was cited quite a lot back then. But PTAB's capacity is limited, so there aren't always appeals. PTAB rarely gets involved at this particular stage (when it does, as happens more over time, a grant typically gets denied).

A few days ago this press release came out, bragging about nothing but new patent grants. Some of these patents are software patents based on my fast reading of the press release. It's likely that patent law (e.g. assessment by PTAB) would render them worthless. From the press release: "Covering a spectrum of technologies including: vehicle-to-grid power integration, vehicle controls software, exportable power, and unique powertrain architectures, these recent patent grants further strengthen the international IP position for EDI."

"Several months ago we habitually showed the many cases/situations where PTAB thwarted patent grants just before the grant; Section 101 was cited quite a lot back then."Based on another new press release, Bigbelly continues in its patent lawsuits expedition/campaign, using what seems like software patents. Techrights covered this quite a few times in the past. Bigbelly seems like somewhat of a troll. The press release says that "the cloud-connected Bigbelly smart waste and recycling system combines smart, sensing, compacting stations with real-time software." (yes, they say software)

Another litigious firm, 3Shape, uses patents -- apparently software patents included [1, 2] -- to harass a rival. It's doing it again. Its press release says:

3Shape A/S today announced that it has filed a patent infringement complaint asserting its Patent No. US 9,962,244 B2: Focus Scanning Apparatus Recording Color against Align Technology, asserting that Align Technology's ITero Elements intraoral scanner infringes the 3Shape patent.


We've already explained why at least some of these patents seem to cover software.

If lawsuits aren't bad enough, how about patent-induced embargo (ish) over "motion sensor hardware, software and/or design" (which might be deemed invalid if actually properly assessed)? To quote this days-old announcement:

The District Court has issued an injunction against PPG and its principals, officers, directors, shareholders, employees, affiliates, agents, successors and assigns are, as of May 9, 2018, enjoined from making, using, selling, importing, or offering motion sensor hardware, software and/or designs that operate (and/or would enable products to operate) in the same or substantially similar manner as the PPG technology accused of infringing multiple claims for U.S. Patent No. 8,903,521.This injunction shall continue until the expiration of the ’521 patent or until modified by the Court.


There are even patents that mention software explicitly, e.g. [1, 2] in recent days. 'Cloudwashing' and other buzzwords such as "IoT" are exploited to patent software as well. Such patents are bunk, void, rubbish, but here they go again with "Internet of Things" in the headline (4 patents). CloudTrade too does not seem to be aware that software patents are nowadays pretty much void and invalid, worthless at best. It still brags about these. To quote: "CloudTrade's patent-protected software uses unique rules-based technology with backward tracking search, to interpret, validate, and extrapolate semantic meaning from complex documents, of any type."

"We certainly hope that examiners know better than hype waves and buzzwords; software remains software (code), no matter what label/marketing term one 'slaps' onto it."We should probably note that Alice-dodging has become rather common a practice -- one that we'll cover separately in a later post. Among the tricks? Having software disguised using "AI", "Internet of Things", or "blockchain" hype (there are many others). Here is a new example of it -- one wherein bunk patents and likely worthless patents are painted/framed as "blockchain". On April 24th the patent maximalists wrote about "blockchain patent trends" (basically software patents). "Johan StÃ¥hlberg and Isabel Cantallops Fiol of Valea AB consider developments in the field of blockchain patents, examining the number of blockchain patents applied for and granted in various jurisdictions and fields," said the summary. Weeks later colleagues like Karry Lai in Hong Kong wrote about "blockchain and AI". "The chief IP counsel of the fintech leader tells Managing IP about the challenges of blockchain and AI patent filing," says the summary. They actively promote all this hype and they avoid speaking about software (which is, inherently, what all those things boil down to). Software patents are bunk, even if one labels algorithms “AI” or "blockchain" or whatever.

A few days ago Susan Y. Tull from Finnegan (Finnegan, Henderson, Farabow, Garrett & Dunner LLP) wrote about "machine learning" and said that “[n]ewly published patent application and granted patents reveal applications of artificial intelligence software” (notice the word software).

She correctly attributed this kind of 'trick' to IBM, which nowadays calls many of its software patents "cloud" or "AI" (we covered this before). To quote:

In 2017, IBM received a patent for drug discovery using machine learning.

[...]

Software and software applications are increasingly being applied to the medical device and health tracking fields. Apple recently obtained a patent directed to an “electronic device that computes health data.” U.S. Patent No. 9,723,993 is directed to an electronic device including a camera and sensors to compute the health data of the user. Of note, the patent’s illustrations show Apple’s iPhone performing this function. Oxygen saturation, pulse rate, and perfusion index are among the tracked conditions identified in the patent.


When they speak about stuff like "computes health data" they talk about data processing using algorithms; they want the readers to think that supposed "intelligence" (as in AI) somehow makes that an invention and therefore patent-eligible. We certainly hope that examiners know better than hype waves and buzzwords; software remains software (code), no matter what label/marketing term one 'slaps' onto it.

Recent Techrights' Posts

Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
 
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs