Bonum Certa Men Certa

Patenting Bar Raised by US Courts, But the Patent Microcosm (Now Infesting 'Bloomberg Law' and Other Media) Fights Back With Deception

Bloomberg Law hires people with a solid journalistic background to become reporters, but they're speaking to the wrong people (patent maximalists and the likes of IAM, not engineers who practice the underlying concepts)

Malathi Nayak on Coons



Summary: Misleading language and bad advice dispensed by the legal 'industry' demonstrates strong resistance to the principles of patent quality (limiting patent monopolies to what actually justifies such monopolies)

"Blockchain this, blockchain that..."



We live in an age of hype and marketing. Not to mention law firms that keep 'name-dropping' novelty-sounding things they have no technical grasp of.

"OIN seems to believe that the solution is to hoard yet more such patents, but in reality the goal should be to void them all."Many of today's patents disguise themselves as "blockchain", but actually they're software patents that should be seen as patent-ineligible. OIN seems to believe that the solution is to hoard yet more such patents, but in reality the goal should be to void them all. It might be enough to petition PTAB a few times to informally invalidate -- by extension -- many similar patents (in the same domain).

Malathi Nayak, writing for Bloomberg Law (Wall Street media's coverage of legal matters is very often tilted in favour of lawyers' interests), has just perpetuated this hype ("Blockchain Patent Race Is on, but Hurdles Await"). To quote:

A wide array of corporations, including Alphabet Inc.’s Google and Bank of America, are lining up to enter a potentially lucrative club: one that allows them to own patents on blockchain technology.

But getting past the patent office’s velvet rope won’t be easy.

Blockchain inventions — from digital currencies to super-fast, secure trading systems — often cover software and financial service-related technologies. The U.S. Patent and Trademark Office has a track record of leaving applicants out in the cold if they seek patents for presenting other types of software or financial services inventions that are too abstract or obvious.


All these US (granted by the USPTO) patents are likely bogus because they're software patents (it's a bubble with hype on its side). But Bloomberg Law then persisted; it went further and continued to spread this kind of "propaganda" (throughout this week). There's no such thing as "Blockchain Patent Attorney," but here they are with "It’s Not Easy Being a Blockchain Patent Attorney" (retitled since). It's pure hype intended to market software patents which are almost literally worthless. To quote:

Blockchain tech might be poised to revolutionize how companies like Bank of America operate and cryptocurrencies like Bitcoin trade. But inventors trying to patent their ideas in the field—and stake their claim on future profits—are facing hurdles at the U.S. Patent and Trademark Office (PTO).

“Though there’s been a surge of these patent applications, winning or scoring these patents on these technologies won’t be easy,” Bloomberg Law reporter Malathi Nayak said in a recent podcast episode of Code & Conduit.

Bloomberg Law data shows a wave of new applications have hit the patent office in recent months, but only a fraction have won patents.


This is basically more from the same person, Nayak.

"One can count about half a dozen synonyms for software patents above (they also explicitly say "software patents")."We need to call out such misuse of hype and sometimes buzzwords (like "AI"). Examiners are being fooled by these. Watch this new buzzwords galore about an upcoming event: "Topics will include internet and mobile litigation, international IP, privacy and data security, Cloud/SaaS, patent litigation, blockchain and cryptocurrency, software patents, digital marketing, the Internet of Things, connected privacy, and the practice of IP law."

This is typical. One can count about half a dozen synonyms for software patents above (they also explicitly say "software patents"). Suzanne Monyak has just published this 'article' (more like an ad) which says "Hsiao came to the firm from Brown Rudnick’s Boston office, where he worked in intellectual property litigation related to high-tech medical and software inventions as a patent associate."

When they say "software inventions" they mean software patents, i.e. something which is being phased out.

"...patent quality is being improved, the bar is being raised by the courts (more so than by the granting authority, USPTO)."As we'll show and discuss this coming weekend, software patents are as weak as they can be in the US. It's getting worse for them over time. That's because patent quality is being improved, the bar is being raised by the courts (more so than by the granting authority, USPTO).

When the patent microcosm speaks of "strong patents" (or "STRONGER" at a legislative level) they mean the exact opposite. Andrew J. Maas and David Winwood say they want more low-quality (rubbish) patents -- that's what they mean by "stronger patents". Mind the image of the very top (from Nayak), including the brands/bodies named and the word "Stronger". These are patent extremists' circles, IAM included.

Recent Techrights' Posts

XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026