Bonum Certa Men Certa

Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

And we're only a few days away from the eighth anniversary of the Bilski case



Summary: Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place

THIS weekend we'll focus on USPTO matters, notably software patents. Those aren't doing particularly well, no matter how one attempts to spin it. Even Watchtroll has quit writing about it, having said virtually nothing on the subject this past week (yesterday the only "101" he wrote about wasn't Section 101 but "Patent Applications 101"). Lawyers are meanwhile trying to figure out how to draft or prepare "Software Patent Applications," alluding to Alice and Berkheimer, which we'll revisit separately later. "Register now for our free #CLE webinar, "From Alice to Berkheimer: Practical Tips for Preparing Software #patent Applications," on June 27, featuring guest speakers Wood IP LLC partners Ted Wood and Archie Williams Jr," this new tweet says. It was found and highlighted last night, thanks to Benjamin Henrion (FFII).

"It's worth noting that we're only a few days away from Bilski case turning 8."Yesterday we wrote about U.S. Patent No. 10,000,000, which would also be invalid under Alice, according to Benjamin Henrion. He took a look at it and said that "it is mostly a computer program making some calculations about data coming from a sensor. Could be challenged under Alice."

"Maybe Unified Patents should file an IPR, even just to make a statement about US patent 10,000,000," I responded. U.S. Patent No. 10,000,000 is epic in the sense that it can serve to show what low quality US patents have sunk to. But here comes Dennis Crouch, a patent maximalist, glorifying the said patent. How long will they obsess over the number?

Either way, Alice (marking demise of software patent in the US at the Supreme Court) has just turned 4 and the software patents boosters at Fenwick & West still moan about it. A few days ago Greg Hopewell wrote:

Stepping back, it has now been exactly four years to the day of the Alice decision (June 19, 2014) and four more since Bilski (June 28, 2010). While it has become almost stereotypical to end many discussions of this subject with a call for a legislative solution, this case and others highlight the continuing difficulty in reliably applying the “directed to” and “something more” tests. Even if the application of these tests were reliable to experts who have read a great many 101 cases and could agree on resolving particular claims, the everyday patent examiner, judge, and inventor does not have the time to develop the judgment and expertise to reliably apply such a nuanced test. As reflected in the recent denials for en banc review of Aatrix and Berkheimer, there continues to be a need for clearer, easy-to-apply boundaries that could be resolved legislatively.


It's worth noting that we're only a few days away from In Re Bilski turning 8.

A few days ago the EFF gave some statistics related to Alice:

In the 4 years since the Alice v CLS Bank decision, - R&D spending on software & Internet development has increased - Employment growth for software developers has outpaced other sectors - Over 400 incredibly abstract software patents have been invalidated

This has since then been mentioned and "retweeted" by a lot of people, linking to this new article from Daniel Nazer. To quote: (also via)

This week marks the fourth anniversary of the Supreme Court’s decision in Alice v. CLS Bank. In Alice, the court ruled that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. Now that four years have passed, we know the case’s impact: bad patents went down, and software innovation went up.

Lower courts have applied Alice to throw out a rogues’ gallery of abstract software patents. Counting both federal courts and the Patent Trial and Appeal Board, there are more than 400 decisions finding patent claims invalid under Alice. These include rulings invalidating patents on playing bingo on a computer, computerized meal plans, updating games, and many more. Some of these patents had been asserted by patent trolls dozens or even hundreds of times. A single ruling threw out 168 cases where a troll claimed that companies infringed a patent on the idea of storing and labeling information.

EFF’s Saved By Alice project collects stories of small businesses that used the Alice decision to defend themselves against attacks by entities asserting abstract software patents. Our series includes a photographer sued for running a website where users could vote for their favorite photo. Another post discusses a medical startup accused of infringing an extremely broad patent on telehealth. Without the Alice ruling, many of these small businesses could have been bankrupted by a patent suit.

Meanwhile, software innovation has thrived in the wake of Alice. R&D spending on software and Internet development shot up 27% in the year following the Supreme Court’s decision and has continued to grow at a rapid rate. Employment growth for software developers is also vastly outpacing growth in other sectors. At the end of 2017, PwC concluded that the “computer and software industries still shine in the R&D stakes, outperforming all other organizations in terms of billions spent.” A recent paper found evidence that the increase in software R&D was linked to the Alice decision.


It wasn't just the EFF taking note of this 'anniversary'. Engine wrote: "VC funding for software and internet companies has increased by 88% since #SCOTUS's #Alice decision on software #patents. Happy Birthday, Alice! Spot her in our new video: https://youtu.be/uKlc-SOBQsA #InnovateWithoutFear"

"Alice has been a nightmare to the patent microcosm but a blessing to companies which actually make something."No software patents (or a de facto ban on them) celebrated by a front group of technology companies. Alice just means more peace of mind and safety for software developers, less risk no matter the company's size. HTIA then joined in: "We love this video by @EngineOrg ! #SCOTUS's #Alice decision improves #patent quality! #IP #InnovateWithoutFear"

HTIA too is a front group of technology companies. They have a common cause with us in the sense that they support the Patent Trial and Appeal Board (PTAB).

Alice was also mentioned by CCIA's Josh Landau. It's another front group of technology companies, both large and small. Landau says "More Evidence Is In—Alice Has Been Good For R&D," alluding to "a recent paper [which] has provided evidence that Alice’s impact on R&D investment has been positive." From the Patent Progress blog:

Tuesday marked one milestone—utility patent number 10,000,000. But it also marked a far more important milestone—the 4-year anniversary of the Alice decision. Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued. It’s had a very limited impact on patent prosecution, with most applications entirely unaffected and affected applications as likely to be allowed as not. And a recent paper has provided evidence that Alice’s impact on R&D investment has been positive.

[...]

The paper suggests a primary mechanism for this is the ability of companies to shift spending away from defensive patenting into R&D. In other words, with the risk of being sued on a low quality patent reduced by Alice, firms were both able and willing to spend more money on R&D.

Contrary to the predictions at the time of Alice and contrary to unsupported statements made more recently, Alice has not only not been “the death of hundreds of thousands of patents” or “devastated” research, but in fact appears to have helped the software industry and R&D in general develop even faster.


So there it is. Alice has been a nightmare to the patent microcosm but a blessing to companies which actually make something. Whose plea is more important?

Recent Techrights' Posts

When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
 
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
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"
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)
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
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
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
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
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