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

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026