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

Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026