Bonum Certa Men Certa

Patent Law Firms Have Become More Like Marketing Departments With an Aptitude for Buzzwords

Buzzwords



Summary: What we're observing, without much reluctance anymore, is that a lot of patent lawyers still push abstract software patents, desperately looking for new trendy terms or adjectives by which to make these seem non-abstract

THE EPO and the USPTO are both relying on buzzwords by which to promote software patents, knowing that software patents in Europe are not quite allowed and SCOTUS -- with growing support from the Federal Circuit and endless action via Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) -- is frowning/scoffing at such patents (as per Alice/35 U.S.C. €§ 101 at the U.S. Patent and Trademark Office). We have written literally dozens of articles about this subject and included over a thousand examples over the years. We keep seeing many of the same buzzwords, which need to be named and deconstructed (they usually don't mean a thing; it's marketing).

Over the past week (as in every other week) we've been tracking activity like software patenting. What makes it a tad tricky is the (mis)use of homonyms and synonyms, along with the above-mentioned buzzwords. The buzzwords change over time, with some of them aging out of existence and new ones being introduced (e.g. so-called 'fourth industrial revolution' or "4IR" as the EPO likes to call it). We don't want to mock or obsess over these buzzwords too much. From what we can gather, EPO examiners are clever enough to spot this nonsense and have a good chuckle over it. This post will, instead, be a rundown of outline or recent articles which demonstrate what we're talking about.

Several days ago we saw "FogChain Patent Secured Data Access Control"; if this sounds abstract, well... that's because it is. And the article is just self-promotional junk from Crypto Block Wire, LLC (the publisher). To quote:

FogChain Corp. is a futuristic, highly reputable company offering solutions to software development, testing, and deployment. The company is gratified to announce its most recent decision regarding filing for a new patent. The patent covers secured data access control utilizing localized cryptographic innovation.

Technological advancements in the blockchain industry have empowered secure distribution of digital information using cryptographic techniques. Consequently, secure and quick transactions, including other data adjustments, can take place in a more dynamic and economical manner. In particular, its decentralization endeavors may bring about absolute transparency and immutability of the data.

The patent’s underlying technology covers localized network typologies that are able to grant access control and data management capabilities. The technology can additionally provide particular network architecture models that accommodate and empower such functionalities.


How is that not abstract? It's so obviously invalid based on Section 101 criteria. But they say "blockchain" and "innovation", so it must be very, very innovative. "Patent please!"

Remember that all these "blockchain" patents are bunk software patents; we cannot stress this strongly and often enough. This sort of "blockchain" hype is everywhere this year, including in the domain of patents, wherein it's presented either in the context of patenting or management of patent data (sometimes both, sometimes interleaving to the point of revealing writers' inability to comprehend what they even write about or get told by law firms). Here is a fairly new article titled "What would a blockchain patent war look like?"

The opening paragraphs go like this:

Blockchain is perhaps the most hyped technology of the past five years. The technology that allows us to create trustless immutable shared ledgers promises to bring transparency and honesty to commerce by disintermediating and decentralizing functions that rely on trusted third parties today. The promise and the potential are almost as big as the hype.

While still the early days, there are several applications that have already launched on blockchains — the first being the Bitcoin cryptocurrency payment protocol. Bitcoin is just a unit of account on blockchain. And more recently, with the implementation of smart contracts, code that is shared across the whole blockchain to execute conditionally with irrefutable results, we have the possibility to tokenize many new financial constructs on blockchains.


It's all abstract; it's software.

Another new article, this one titled "Mastercard Eyes Blockchain For B2B," promoted the misconception that large companies (such as Mastercard) applying for a patent means they intend to implement something rather than simply obstruct competition/disruption. We wrote about this in past years, even in relation to Mastercard. To quote:

Blockchain has been receiving attention well beyond cryptocurrencies, and the focus has shifted in part to patent filings. Though it may seem that China has dominated patent filing activity in recent weeks, a number of firms (not Alibaba) have been making their own way across the patent landscape.

In the latest news germane to intellectual property and blockchain, Mastercard has filed three patent applications with the U.S. Patent and Trademark Office, as reported this week. Amid those patent filings came details that the payments giant has developed a blockchain-based system, which aims to streamline high-volume B2B transactions. The patents are titled “Method and System for Recording Point-to-Point Transaction Processing.”


UseTheBitcoin (blog) then published a rather poorly-researched item that attempts to rank large companies based on "Blockchain Patents", preceding the list with a logo of Microsoft. From the introduction:

Blockchain technology is one of the most trending topics in 2018. With blockchain becoming one of the most popular buzzwords today, every startup or established company wants to jump on the opportunity. This has led to the abundance of companies filing patent applications, hence triggering a potential blockchain race.

This year alone, several major companies applied for Blockchain-related patents. Like any other patent, a blockchain patent is a strict form of legal protection over an invention and the intellectual base of that invention. It’s a legal means for inventors to prevent others from making use of their invention.


Promotion of totally bogus software patents is likely to do no good, except for law firms; it's about databases. There are also those that pertain to computer vision (mathematics) and are being promoted in press releases like this one which says: "This report provides insights into the development of facial recognition-related granted patents for automotive applications and offers a snapshot of facial recognition-based technology and application trends in the automotive industry."

Well, facial recognition is all software. I know this, having reviewed scholarly papers on this (even for leading international journals). Why are such patents still being hailed as worthwhile after Alice? The mind boggles...

Campbell University is meanwhile calling algorithms "AI", failing to note that these buzzwords won't make these algorithms any less abstract and thus invalid as per Section 101. Here they are advertising the event. Topics include "Patentable Subject Matter for Computer Related Inventions" and "Protecting AI Software & Protecting Inventions Created with the Help of AI" (two different things, but in both cases boiling down to mere algorithms). Their calendar says they are giving "Continuing Legal Education (CLE) credit from the North Carolina Bar Association" by lying to people about software patents and telling them, even wrongly, that 'dressing up' algorithms as "AI" would be worth the time and money. This is a recipe for major disappointment as judges would throw out such patents.

Matt Acosta and Emilio Nicolas (Jackson Walker) have meanwhile published in JD Supra (press releases platform for lawyers) something about surveillance in one's toothbrush. They are calling abstract things "smart" and "IoT" to make them seem patentable and desirable (they're neither). With a term like "Internet of Things" preceding/starting the headline, what could possibly go wrong? Putting the "Internet of Things" on just about anything is supposed to make things sound new, amazing and novel.

We have meanwhile also noticed, from South Africa for a change, the International Law Office (not what it sounds like) publishing a nonsensical piece with "fourth industrial revolution" (three buzzwords) and "IP protection" (three propaganda terms) in the headline. Louw Steyn and Dawid Prozesky use misleading propaganda words like "property" and "protection", conjoined/combined with "4IR" from the EPO, to promote the false perception that software patents have legitimacy (they lack that in courts, even in South Africa). In the body they also namedrop "artificial intelligence" (AI) and "additive manufacturing" (AM), not to mention "smart" (nowadays everything that does mass surveillance gets called "smart"). From the introductory paragraph:

The so-called 'fourth industrial revolution' is in full swing. Fields such as artificial intelligence (AI) and additive manufacturing (AM) are no longer a thing of the future, but rather an increasing part of everyday life in the form of smart devices, driverless cars and automated assistants – to name a few examples. This revolution is generally centred on a fusion between physical and digital technologies.


The above is just a big "salad" of buzzwords -- something to be expected from a marketing department rather than a law firm. Sadly, however, many law firms have been decimated to just that. They just recite a lot of propaganda terms and trendy words like "smart" or "innovative". They don't like using terms like "software patents" anymore, knowing that examiners and judges would be instinctively inclined to reject like a reflex. ⬆

Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
 
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day