Bonum Certa Men Certa

From the Eastern District of Texas (US) to Australia Patent Quality Remains a Problem

Patents of all colours of the rainbow

Appeal to swatches



Summary: Patents on anything from thoughts to nature/life (in the US and in Australia, respectively) demonstrate the wildly wide range (or spectrum) of patents nowadays granted irrespective of their impact on innovation

A FEW HOURS ago Eibhlin Vardy published this post (part of a series) celebrating patent maximalism at the USPTO, whose ten millionth patent may ironically enough be bunk.



"We might already be in the midst of such a decline, i.e. a restoration of patent quality."What if patent grants started to decline in terms of number, e.g. each year that goes by (rather than the opposite)? We might already be in the midst of such a decline, i.e. a restoration of patent quality.

Well, a system which strives to grant as many patents as possible isn't one that necessarily encourages innovation and in many cases it actually prioritises monopolisation at innovation's expense for numbers' sake; that would practically discourage innovation.

A few days ago we saw this news report about a patent on “[s]ystem and method for data management,” i.e. a software patent and hence bunk patent. The US District Court for the Eastern District of Texas is a national and international laughing stock because of stuff like this:

Papa John’s International and its subsidiary Star Papa have been sued over the US-based pizza franchise’s mobile app.

Oklahoma-based Fall Line Patents filed its patent infringement complaint yesterday, August 15, at the US District Court for the Eastern District of Texas.

Fall Line Patents is the owner of US patent number 9,454,748, called “System and method for data management”.

According to the complaint, the patent “teaches methods for managing and collecting data from a remote computing device” by gathering location-specific information on different hardware and software platforms on one device.


This is a relatively new patent, judging by its number. This ought to go to the Patent Trial and Appeal Board (PTAB) through an inter partes review (IPR); if needed, the Federal Circuit would likely affirm an invalidation; Papa John’s can afford this. Such is the high cost of sloppy patent grants pertaining to abstract ideas. Watch who got the patent; it's an entity outside Texas (Oklahoma is far away) and it's called "Fall Line Patents". We wrote about it last year and a few months ago when Unified Patents implicitly called it a patent troll. Why are these patents still around? Moreover, why are such patents still being granted after Alice?

Are patents being granted for the sake of numbers or for the sake of innovation? Judging by this new press release [1, 2], the repository is nowadays treated like some kind of literature. "This new section provides easy access to historical patent and exclusivity data for FDA-approved drugs," it says. They're typically just evergreening their patents in order to ensure drug exclusivity persists (perpetuity). It's neither beneficial to innovation nor is this healthy for patients.

Lately we have been writing a great deal about how patents get granted on software owing to a bunch of hype and/or buzzwords. Yet more bunk patents, for example, came from Walmart (it labels some "Blockchain"). Days ago, based on media reports [1, 2, 3], Walmart was shown to be riding the "VR" wave, exploiting buzz when a patent (or application) at hand has absolutely nothing to do with VR innovation/s but merely utilisation thereof from the software side. Here is what Matthew Boyle wrote about it:

The world’s biggest retailer wants to find out, according to filings with the U.S. Patent and Trademark Office.

The company has applied for two patents that detail a “virtual show room” and fulfillment system that would connect shoppers clad in VR headsets and sensor-packed gloves to a three-dimensional representation of a Walmart store. Customers could wander digital aisles from home and “grab” items, which would be immediately picked and shipped from a fully automated distribution center.


The supposed invention involves no improvement to the hardware; it's ridiculous and it's what we have come to expect.

Earlier today Patent Docs mentioned a "Webinar on Blockchain and IP," once again invoking that hype about blockchains, which most lawyers are unable to even explain. "Blockchain"- and "Bitcoin"-washing have become popular because they can make everything sound novel and cutting-edge. It's especially necessary in the US, unlike China for example. Anything goes in China, including software patents, because SIPO -- to the chagrin of WIPO -- doesn't give a damn about patent quality. Shouldn't the US care more? Coinbase is now attempting to get a US patent on a "new bitcoin payment system" [1, 2, 3, 4, 5, 6, 7], relying perhaps on the examiners not understanding that it's pure software and thus not patent-eligible. Can the lawyers find a way to manipulate/fool the examiner? That's perfectly possible and they can retry until they get the 'right' examiner.

Days ago in Mondaq and in Lexology we saw this new article from Aird & Berlis LLP | Aird & McBurney LP's Tony Sabeta. He starts with a Big Lie, insinuating that "blockchain applications are patent-eligible" even though they're not. They're software patents. Bunk, waste of paper. They may eventually get granted, but no high court would tolerate these. The USPTO advertises and brags about these, which actually says a lot about the USPTO and its attitude. To quote Sabeta:

As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable. I naturally respond in the affirmative (with some qualifiers of course), and inevitably there is a deluge of follow-up questions and statements such as: “That can’t be! Blockchain is just software, and isn’t it nearly impossible to get patents for software these days? or “This technology has been around for almost 10 years, there is nothing new to patent here,” and so forth.


It's not even about novelty; it's about it being an abstract concept and therefore patent-ineligible.

We live in crazy times, however, so to examiners who are rewarded for granting more patents rules will be convenient to bend. That's how we ended up with so many patents on algorithms, life, and nature (even though the rules forbade all of them). Over at Watchtroll two days ago Ted Mathias, Stacie Ropka, and Rebecca Clegg published "The CRISPR Tug of War" -- yet another one of those promotions of 'life monopolies' (or monopolies on life itself). That was around the same time Merck was awarded a CRISPR patent in Australia:

Merck has been awarded a patent for CRISPR nickases by the Australian Patent Office.

The application covers a foundational CRISPR strategy in which two CRISPR nickases are targeted to a common gene target and work together by nicking or cleaving opposite strands of chromosomal sequence to create a double-stranded break.

Merck said in a statement that these paired nickases will “improve CRISPR’s ability to fix diseased genes while not affecting healthy ones”.

In addition to allowing a patent application on paired nickases, the Australian Patent Office also announced the formal grant of Merck’s 2017 CRISPR integration patent, following withdrawal of four independent, anonymously filed oppositions.


Australia grants such ridiculous patents on life because of CSIRO and the influence of lawyers. There's an ongoing fight over the matter at the EPO because the authorities say no to such patents whereas EPO management actively flouts the rules. As it always does...

Recent Techrights' Posts

SLAPP Censorship - Part 43 Out of 200: Garrett and Graveley Particulars of Claims Almost Identical and 5RB Needs to Investigate Its Barristers (Its Reputation is at Stake)
Scrolling up and down in social control media
The Central Staff Committee of the EPO Explains Late March Meetings Coinciding With Commencement of the Non-Stop Strikes at Europe's Second-Largest Institution
The fifth meeting report and sixth meeting report show some of the concerns leading up to the mass strikes
thenextweb.com (TNW) Appears to Have Become a Slopfarm, Fake Articles About France and GNU/Linux Flood the Web
If you're not against slop, you're part of the problem
Almost 3 Days Later, Still Zero Press Coverage (Except One Publisher) About Mass Layoffs at Red Hat, Almost 500 People Laid Off (Over 400 for Sure)
"A document posted by FOSS advocacy site Techrights appears to be that memo and explains that Red Hat has devised a location strategy under which it has identified key sites for prioritized hiring and strategic workforce investment."
The Register MS, About 6 Million Pounds in Debt, Helps Promote Microsoft's Gartner Group and Prop Up the Ponzi Scheme of Slop Plagiarism, Fake Article Mentions "AI" About 20 Times
What was now known as The Register UK not only works against the interests of the UK; it works for charlatans and frauds
 
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site
Gemini Links 11/04/2026: Floppy Disks on Linux and Junix
Links for the day
statCounter: Microsoft Windows Falls to All-Time Low This Month in France
French government agencies are ordered to move to GNU/Linux
Disgruntled IBMers Explain Why IBM is Circling Down a Death Spiral, Gerstner (Recently Deceased) Destroyed IBM in April 1993, and IBM Now Weaponises PIPs to Attack Its Own
We've just checked if anyone has covered mass layoffs at IBM Red Hat. Nope.
Gemini Links 11/04/2026: Critique of Delta Chat and Why Trying to Emulate Centralised, Addictive "Facebook" is Misguided
Links for the day
Links 11/04/2026: Scam Altman’s Trust Issues at OpenAI and EFF Quitting Twitter
Links for the day
Links 11/04/2026: Twitter Presence Considered Harmful to News Sites, "The Future of Everything is Lies"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 10, 2026
IRC logs for Friday, April 10, 2026
Three Years Ago We Disconnected From the United States, Now France Does the Same
Maybe in the coming months France will recruit loads of UNIX/Linux specialists
While Thousands of EPO Workers Are on Strike the President of the EPO, Who Bribes His Voters, Gives Himself Millions of Euros and 5,000 Euros Per Month in Housing Allowance
Campinos is immune, inherently corrupt, and habitual briber of his 'voters'
IBM and Red Hat Whistleblowers Versus a Dying Fourth Estate (Journalism Seems to Have Died as Silently as IBM RAs Go)
What a crazy world we live in!
Slopfarms We Forget About Because They Silently Die
The hard reality (for slobs and sloppers) is, slopfarms have no future
Gemini Links 10/04/2026: Flexiveganism, What Happened to Twitter, and Algorithm Fetishes
Links for the day
Links 10/04/2026: Indonesia's Social Control Media Bans Extend to Google YouTube, "I.M.F. Says Iran War Will Drag Global Growth Lower"
Links for the day
Media Blackout Regarding Mass Layoffs at Red Hat
To be very clear, what happened is certainly real
IBM 'Value' Fell 20%, The Executives Took Bonuses and Bonus Hikes
IBM is paying more and more money to the executives
SLAPP Censorship - Part 42 Out of 200: Getting the Very Basic Technical Concepts Very Wrong, or Where Miscomprehension Begets "Plausible Deniability"
It's difficult to argue with people over things that they do not even understand
This Coming Weekend and Next Week We'll Cover EPO Scandals a Lot, There Are Still Perpetual Strikes That the Media Intentionally Avoids Covering
Expect our focus on EPO corruption to grow again
More Information on IBM Red Hat Layoffs in April 2026, Hundreds of Skilled GNU/Linux Engineers Laid Off (300+ Simultaneously)
How long can the corporate media ignore IBM layoffs for?
Raw: Extensive Evidence of Red Hat's Mass Layoffs in China (IBM Meets Geopolitics)
This has nothing to do with workers' performance
We'll Never Ever Do Social Control Media, Nate Silver's Article Helps Explain Why
If you want to research and publish, stay away from it
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day