Bonum Certa Men Certa

The World Has Moved on and Beyond Software Patents, But Buzzwords and Hype Provide Workarounds

Related: The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

What is the Difference Between a Blockchain and a Database?
Reference: What is the Difference Between a Blockchain and a Database?



Summary: A look at the status quo of software patents and some of the past week's reports, which still disguise such patents as "financial"

Software patents in India aren't allowed (not "per se" anyway). In the EPO it's "as such" and in the USPTO there are now exclusions for "abstract" ideas, which many interpret as inclusive of computer algorithms.



As we reported last week, Australia had gone down the same route, as did New Zealand. South Africa also, so the English-speaking world is overwhelmingly against software patents now. The main exception to that global trend is China.

A few days ago a patent law firm from India (one that we mentioned here before) noted that:

A software by itself or computer program per se is not considered as an invention as per Section 3(k) of the Patents Act, 1970. Section 3(k) stipulates that a mathematical or business method or a computer programe per se or algorithm are not invention within the meaning of this Act.


None of that has changed. Over the years we've been keeping track of many efforts to change that. But India stood firm in the face of lobbyists.

"Cryptocurrency", "AI", "cloud" and other hype has meanwhile been exploited in the US and Europe to bypass restrictions and patent software. We've written many articles about that and here's a new example:

Ernst & Young LLP (EY) announced on Thursday it has acquired technology assets and related patents from Elevated Consciousness, Inc., a U.S. startup focused on developing unique solutions for the crypto-asset ecosystem. EY reported that the acquisition is part of its strategy to expand blockchain-related capabilities and services worldwide.


Well, such patents are bunk, even ifthey 'dress them up' as "blockchain" or "cryptocurrency". Those are software patents. Here is another new example, this one about Walmart:

Is blockchain technology the answer to fighting porch pirates and ensuring safe delivery of items from online retailers to customers' homes? Walmart seems to be at least exploring the possibility, according to a patent application that the company recently filed.

The application , dated July 5, describes a system of "locker docking stations" that could be "located at a user's home, at public locations such as transportation hubs, public venues, or the like, or other desired locations." The stations would coordinate "directly with one or more delivery systems" to organize the delivery of items.


This isn't the first time we see Walmart dabbling in it; if tested in US courts, however, such patents would likely be rendered invalid under Section 101.

News has been relatively slow this past week (normal for summertime), but we carry on watching trends and milestones in the fight against software patents.

Recent Techrights' Posts

Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day