Bonum Certa Men Certa

US Patent Law Currently Not Changing Much and Software Patents Are Still in Limbo

The debate has been ending and it was won by opponents of software patents

Iancu comments
Unable to attract comments itself, Watchtroll urges readers to send comments in support of Iancu's watering down of 35 U.S.C. €§ 101/Alice



Summary: Surveying the news, as we still meticulously do (even if we don't write about it), it seems clear that American courts hardly tolerate software patents and proponents of such patents are losing their voice (or morale)

LAST year we wrote about a dozen articles every weekend only about the US. We responded to worries we had developed, seeing that decisions such as Oil States were in the "big" dockets, threatening to imperil if not halt inter partes reviews (IPRs) -- a process akin to oppositions or appeals at the EPO.



"General impressions count and based on a few hundreds of news reports from the past week or fortnight there's absolutely nothing that counts as a "turnaround" or a "comeback"."No matter what Iancu does, as expected, at the USPTO, e.g. messing around with 35 U.S.C. €§ 101 and weakening the Patent Trial and Appeal Board (PTAB), the thing that matters most is that SCOTUS isn't revisiting Alice-like cases and the Federal Circuit continues to apply Alice-based tests. This morning we took a glimpse at new outcomes that cite Alice, even at the Federal Circuit, deeming the underlying (in-suit) patents invalid.

We generally prefer not to spend time covering US patent cases (especially not pertinent outcomes) as that can be laborious and boring to most readers anyway. General impressions count and based on a few hundreds of news reports from the past week or fortnight there's absolutely nothing that counts as a "turnaround" or a "comeback". Nothing.

We were actually amused to see that, facing a barrage of comments to the USPTO which oppose changes to €§ 101 guidance, patent maximalists decided that all of these comments are just "EFF" (similar to claiming that everything that opposes patent trolls is "Google").

As always, some examples or news to that effect can be found in our daily links (we shelve relevant articles and blog posts under the bottom sections while monitoring the situation).

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
 
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October
Gemini Links 30/09/2025: Motorcycling in Central Oregon, Protocol Styles and the Flag of Sark
Links for the day
Links 30/09/2025: Death Sentences, Internet Censorship, and Internet Shutdowns
Links for the day
Gemini Links 30/09/2025: Social Control Media and ROOPHLOCH
Links for the day
Richard Stallman About to Give More Talks in Europe, Some Confirmed Already
In Göteborg
Links 30/09/2025: CERN in "Have I Been Pwned" and More Windows TCO Blunders
Links for the day
Microsoft Canonical is Selling Mass Surveillance and Back Doors as "Security for Ubuntu"
If you are looking for a GNU/Linux distro to use, just remember that Microsoft has Ubuntu in the bag
Justice for Wildlife
animals cannot speak to humans who hate animals
Cowboys Gonna Be Cowboys (on the Internet, They're Not a New Problem)
Boys will be boys
Cowboys of the "Left" and Cowboys of the "Right"
Don't believe the lie that this is some "leftist" thing
When Codes of Conduct Serve to Protect Criminals From Much-Deserved Scrutiny
CoCs are typically unfit for purpose because enforcement lacks context and suitable understanding of the full background (the "full story")
It Took the Open Source Initiative (OSI) 4+ Years to Address the 'Data Breach' or Data Protection Violation Reported to the California Privacy Protection Agency (CPPA) in March 2025
We may never know the dialogue or its nature
Even Microsoft's Biggest Boosters (and Media Operatives) Are Turning Against Microsoft
Expect many more layoffs before the fake "results" next month
GNU Was Right 42+ Years Ago
Since then the abusive, user-hostile technology has spread like mushrooms
Old Isn't Always Inadequate
How many gadgets manufactured today (in 2025) will still work in 2075?
The Monkey Business of Rust People
Compatibility won't matter
Almost Half of the FSFE's Money (the Fake 'FSF', Misusing the Brand) Comes From Vodafone
That money always comes with strings, even if they're invisible to most of us
Microsoft Lunduke Spreads Deliberate Lies to Incite Online Mobs
Has he lost his reading comprehension skills?
Our 19th Birthday (in Just Over 5 Weeks From Now)
We meanwhile have ongoing, solid plans to cover patent-related issues when the FSF turns 40
British GNU/Linux Distro FydeOS Tops DistroWatch
That seems like a decent site and decent effort to keep an eye on
We'll Soon Have 75,000 GemText Pages
avoid many perils of today's Web
Google Used Free Software to Build a Monopoly. Now Google Kicks Free Software to the Curb
The "G" in "Google" does not stand for GNU. It never did. It's just another greedy company.
Gemini Links 30/09/2025: Retro Hardware, Federated Fragmentation, and Nex Server Written in C
Links for the day
4 More Days Till "4 decades, 4 freedoms, 4 all users"
We are now just 4 days away from the rare anniversary
Two Months After Merging to Hide GitHub Losses Microsoft is Doing It Again (This Time Windows)
Merging those two together is not a sign of strength but a tightening of budget
Speculations About the Next Large Wave of IBM/Red Hat Layoffs
the mass layoffs are likely to happen on week 3 or 4 in October
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 29, 2025
IRC logs for Monday, September 29, 2025