Bonum Certa Men Certa

Playing With Words and Buzzwords in a Landscape of Software Patents Rejections

Colour letters



Summary: The efforts to get patents on software granted nowadays increasingly rely on synonyms and vague/nebulous buzzwords, such as "AI"; examiners ought to be aware of this because PTAB and courts would almost definitely reject all of these patents

THE limitations in terms of patent scope sometimes seem farcical because both the EPO and USPTO promote loopholes/ways around these limitations. Courts don't.

"There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over."Commercials disguised as articles are again being pushed by a site that recently wrote about António Campinos, who says he will continue to pursue patent maximalism, not patent quality. The term "AI" is nowadays being used by the EPO to promote software patents in Europe (without explicitly mentioning the term "software patents"). There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over. Not a good sign at all. The new commercial disguised as an article says:

Dr Susan Keston of HGF tells IPPro about her new promotion, the landscape of software and computer-implementation, and AI patent applications


Well, "AI patent applications" are just software patent applications and "computer-implementation" (with a dash) makes no sense at all unless they're alluding to "computer-implemented inventions", a misleading EPO term for "software patents". Either way, this is part of a trend that we've been writing about for over a year. Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words. Below we focus on the US; we'd rather set aside EPO coverage.

"Why getting patents is smart for domain name companies" was the headline of this article from last week. It's very bad advice in the post-Alice world because software patents are very weak now. So who's behind such advice? As usual, it's the shameless self promoters. To quote: "As a bit of background, I once worked in the intellectual property group of a Fortune 500 company. My job was to license non-patented software technology for commercialization, but I also saw the inner-workings of patent programs."

"Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words."So what we have here is a site about domain names promoting abstract patents in this domain; but the person who wrote the article is no domain expert, just a patent profiteer, as usual.

Also on the subject of domain names, here we have another commercial disguised as an article (same site as above) about someone who "counsels companies in domain name disputes and software litigation."

This is not necessarily about patents (more likely trademarks), but it mentions PTAB as follows: "He represents clients in false advertising, breach of contract, and defamation cases and has previously been involved in cases before the Patent Trial and Appeal Board, and the US Patent and Trademark Office."

They make a hiring an actual 'news' item; this is part of a problem we used to speak of. Sites that claim to provide news about patents are actually stuffed by the world's law firms (litigation industry) and their PR. This problem extends to the USPTO itself. It now actively promotes the Blockchain hype, leading to articles such as this, which says: "U.S. retail giant Walmart has applied for another patent, which describes the management of smart appliances using blockchain technology, according to an application published by the U.S. Patent and Trademark Office August 2."

"As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners)."Well, these are software patents disguised using buzz/hype. "The USPTO has published blockchain-related patent applications coming from six major technological companies," said another article from last week. Just like in China. Published days ago was a page titled "The 2018 White Paper on China’s Blockchain Industry and the Question of How to Protect Intellectual Property Rights for China’s Game-Changing Technology" (overlap in hype).

As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners). See last week's article "Despite Pledging Openness, Companies Rush to Patent AI Tech" and also mind these statistics ("Machine Learning" being a branch of "AI"): "I identified 21 PTAB Decisions Directed to Machine Learning Patent Applications Since 4/1/2018. The PTAB Affirmed Examiners’ 101 Rejections in 16 Cases and Reversed in Only 1 Case. 5 Cases Had No 101 Rejections."

So the Patent Trial and Appeal Board (PTAB) is wise enough to know -- in the context of inter partes reviews (IPRs) -- that such patents are abstract and thus bunk. The Federal Circuit would likely agree.

It is quite frankly tiring to see all these buzzwords flooding the media, perhaps in an effort to pass off old ideas as more innovative than they really are. Forbes, we might add/stress again, has become quite a patent propaganda site. Their so-called 'bloggers' and writers are patent extremists and some are patent trolls (literally). As a new example of that, see an article titled "Before You Begin The Patenting Process, Read This" (blocked behind a spywall, as usual).

"Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament."Over the past week we've caught up with numerous other patents, e.g. [1, 2, 3, 4], which appear to be software patents. It's hard to tell without looking at the underlying patent texts. We also continue to see companies that brag about new patents. INNOVENTIONS ("Established in 1984," according to its press release) has nothing to show except a pile of new patents; it wants people to pay for these patents. Here is another example which speaks of "350 granted and pending patents across 15 countries, demonstrating ClearMotion's IP leadership position across the globe."

Patents per se are OK, depending on the domain. Software patents, however, are bogus patents (so says the US Supreme Court) and sadly we see the media not only promoting these patents but also mislabeling them, e.g. "AI". Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament.

Recent Techrights' Posts

SLAPP Censorship - Part 194 Out of 200: The Court Needs to Also Look Into Microsoft-Controlled Restricted Boot Advanced by An American (Garrett) to Promote Monopoly and Back Doors Everywhere
Kill switch sold as 'security' is like euthanasia sold as a cure
Linux Kernel Becoming a Slopfest - Part 7 - Infested With or Plagued by Bot-Generated Slop, Committed by Microsofters
Slop is a security threat; even the person committing slop to Linux might not be aware that there's a back/bug door in the code
Edward Snowden Lost His Voice, Then His Leaks Lost Exposure (Access Denied)
When states want to deny people access to some information they have many tools at hand
Things Will Only Get Better (as We Go Backwards)
It only gets better. If you go back in time.
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
 
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day
The EPO's Central Staff Committee (CSC) Shows Job Insecurity at Europe's Second-Largest Institution
Who would want to join a company with such low job security?
There Are Thousands More Microsoft Layoffs (Including Silent Layoffs), Not Hundreds
Microsoft does have layoffs and today is no exception (except Microsoft talks about it)
Gemini Links 22/09/2026: Disability Studies, Slop Boosters, and TkInter
Links for the day
Links 22/09/2026: Flock is Collapsing Amid Mass Backlash and Internet Society Collaborates With the 'Epstein Class' (Trafficking of Women)
Links for the day
Raspberry Pi Has Microsoft Secrets Inside, Now DRM
now we deal with SBCs that have DRM in them, put there for commercial reasons
2 Hours Ago The Register MS Published a Page That Says "AI" 42 Times Because It Was Paid to Do So
Still inflating the bubble for money
Gemini Links 22/09/2026: Scout Night, Cybernetic Capitalism, and Thoughts on Companies Forcing People to Adopt Plagiarism Engines
Links for the day
Links 22/09/2026: "An Arsenal of Surveillance" and Slop Bots Suggest Starting Wars
Links for the day
SLAPP Censorship - Part 193 Out of 200: Breaks GNU and Linux, Tries to Silence Critics, Loses All Money, Looks for Microsoft Allies and Sponsors
The latest emotional knee-jerk reactions serve to confirm what we have long said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day