Bonum Certa Men Certa

Section 101/Alice Patent Ineligibility Would Include Artificial Intelligence and Blockchains

So why do many firms still pursue patents in AI and blockchain 'clothing'?

Tube
Formula for success at the patent offices (sometimes), but not at patent courts



Summary: In an effort to make algorithms sound more advanced or more scientific applicants now ride the hype waves (fashionable trends), hoping that examiners would grant out of ignorance (of the said buzzwords/hype)

THE patenting of software was always our first and foremost concern, predating by 8 years our in-depth EPO coverage, which also concerns software patents in Europe.



In the United States we've been seeing a retreat to buzzwords and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms. Buzzwords and hype are increasingly being used to pursue software patents that are totally bunk. Such patents would be invalidated in courts (if that ever reached them).

"In the United States we've been seeing a retreat to buzzword and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms."Bereskin & Parr LLP's Isi Caulder and Paul Blizzard have just published this article at Lexology; it speaks of "Expanding Use of AI and ML software at Intellectual Property Offices (IPOs)," by which they mean automation of examination and search using clever algorithms, not necessarily patenting of these underlying algorithms.

To quote:

On February 8th, 2018 the World Intellectual Property Office (WIPO) released a summary[1] of the replies given by national and regional IPOs about the use of Artificial Intelligence (AI) and Machine Learning (ML) software in the administration at the IPO, and the results are a very interesting perspective on the adoption of various legal tech initiatives in government and administrative environments.

[...]

The report pointed to numerous different use cases for AI in the administration of IP, including automatic patent classification, automatic recommendation of classes for goods and services in Trademark applications, prior art searching and analytics, Trademark image searching, Trademark examination as a whole, helpdesk services for Applicants, general administrative tasks for IP management, machine translation of foreign language documents, and data analysis for economic research.


WIPO, incidentally, also promotes patents on so-called 'AI', not just use of it for patent processes. The EPO has been doing a lot of that lately.

Strafford now promotes software patents under the umbrella of "Machine Learning"; those are software patents and mathematics, statistics. Those would not be valid under €§ 101, but they frame it as a sort of open question: "How can patent counsel meet the requirements under €§101 and €§112 in machine learning patent applications?"

"Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains."Well, Strafford is just interested in litigation (see this other webinar it has just advertised; it's about PPH).

Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains. These are worthless patents. They would never withstand scrutiny of higher courts. It's part of a patent gold rush in the US and elsewhere. Days ago there was this article about it which said:

While the landscape for blockchain is still in its infancy, its potential has led the world’s leading accounting firms to explore ways to implement the emerging technology in their work. The latest is Ernst & Young LLP which has acquired certain technology assets and patents to boost its services for crypto assets.

Accounting services firm has purchased the Andy Crypto-Asset Accounting and Tax (CAAT) tool from the US-based startup Elevated Consciousness, Inc. The solution connects with multiple cryptocurrency exchanges and wallets, allowing for better visibility into cryptocurrency transactions.


Those are just software patents. We couldn't help noticing this new tweet, which correctly points out: "What kind of protection today are #blockchain patent owners expecting? Even with long claims (which diminishes value) the courts can quickly invalidate under #Alice for abstraction. Is long term bet that eligibility laws will open up?"

"If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system."Where we are at the moment isn't too encouraging; patent offices grant software patents under the guise of supporting "AI" and other vague concepts; what will happen when many of these patents get invalidated, ruining confidence in the remainder and devaluing the system? If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system.

Recent Techrights' Posts

The Aim is Not Fame
Reposted from schestowitz.com
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
 
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day