Bonum Certa Men Certa

Illegal Software Patents and Patent Trolls Well Served by European and American Patent Offices But Not Courts

“As for a future life, every man must judge for himself between conflicting vague probabilities.”

--Charles Darwin



Summary: Patent offices are departing from the rule of law; first it was the EPO and now it's the USPTO under Donald Trump's appointees, chosen based on nepotism

THE previous post alluded to EPO President António Campinos and his promotion of software patents in Europe (the European Inventor Award 2019 made such patents a contender for an award). But the EPO never speaks of or uses the term "software patents"; even "CII" is gradually being deprecated in favour of buzzwords like "4IR" and "AI".

Yesterday the EPO wrote: "Day one was rounded off by #SearchMatters first panel discussion. A lively expert debate and really interesting questions from the audience tackled the issue of AI future developments in the context of #patent searches"

When the EPO says "AI" (as in this case) it means illegal software patents -- so in essence it leverages buzzwords to break the law, or to violate the EPC.

Here's another EPO tweet from yesterday: "The next opportunity to visit the EPO will be in Munich. If you want to know more about the EPO's approach to #artificialintelligence"

Two things to point out here: 1) "AI" does not make software patents acceptable. They break/violate the law, EPC and beyond (caselaw included). 2) Guests at the EPO are subjected to illegal surveillance, so why visit? The EPO's violations of domestic and international laws have always gone unpunished.

Meanwhile, a vocal patent attorney (Kalis) says that the Patent Trial and Appeal Board (PTAB) "Affirmed Several AI Learning Patent Applications..."

He means software patents (which 35 U.S.C. €§ 101 trashes) disguised using buzzwords like "AI" for a fake sense of 'novelty'. "Over the Past 24 Hours," he adds, "the PTAB Posted a Lot of New Decisions. They Have Reversed a Lot of Examiners' 101 Rejections and Affirmed Several AI Learning Patent Applications. Scroll down for the decisions. They are Posted in Several Groups."

Among the examples: "The PTAB Affirmed a 101 Rejection of Machine Learning Claims in an AI Patent Application: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2018005866-04-03-2019-1 …"

"AI" nonsense again. Even at PTAB...

"Patent Trolls want to destroy PTAB & 101 so they can issue all the Software Patents they like," a critic of software patents wrote this week.

This is part of the trend, where PTAB is the equivalent of the EPO's Boards coming under attack. This attack has been 'harmonised' along both sides of the Atlantic. The Director of the U.S. Patent and Trademark Office (USPTO) also participates in this attack. Yesterday Watchtroll published under the headline "Iancu: USPTO Guidance Gets 101 [35 U.S.C. €§ 101] Right; Time for Courts to Follow Suit..." (American Battistellism)

Actually, the vast majority of public comments (submitted to the USPTO) said it was wrong. The USPTO nowadays has its own Ajit Pai, however, so he is lying about public input. Almost all the comments received by the USPTO disagree with him, but here he is trying to tell courts what to do.

In addition, Watchtroll (which he's close to) still issues personal attacks on PTAB judges all the time. That's because trolls dislike justice (it stands in the way of their extortion). Benjamin Henrion quoted Iancu from the above (which we prefer not to link to directly): "In the end, all three branches need to be rowing in the same direction on something like 101" (which translates [to]: "we need a law to make software patents great again," as Henrion put it).

Also published on Wednesday by the EFF's Alex Moss was this update about patent troll Uniloc:

Patent owners shouldn’t be allowed to keep basic facts about their patents secret—especially when they initiate litigation in courts, which are presumptively open to the public. Uniloc is one of the worst examples of such a company: it doesn’t make any products, but sues lots of others that do. Then, it hides its licensing agreements while demanding fees from hundreds of other companies that make products supposedly covered by the patents in their vast portfolio. But those secretive tactics may finally be coming to an end: a federal judge has ruled, for the second time, that Uniloc must unseal documents about how it licenses its patents.

In 2018 alone, Uniloc filed more than 170 patent infringement lawsuits against a wide array of technology companies that make products we all use. EFF has fought repeatedly for the public’s right to access court documents in patent cases, and we moved to intervene in Uniloc v. Apple—where Apple is arguing that Uniloc doesn't have the right to sue—because the basic facts of patent ownership should not be shrouded in secrecy.

At an earlier hearing on Apple’s motion to dismiss Uniloc’s whole case, Judge Alsup called out Uniloc’s wildly improper sealing requests, saying, “There is no way this deserves to be under seal." He then denied all of the sealing requests, and gave Uniloc a short time to appeal before making the documents public. We hoped that would change Uniloc’s approach to sealing, and afterwards, the company did file public versions of some of the sealed documents. But it still sought to hide information that there was no basis to seal, like the names of companies they had licensed. So EFF renewed its motion to intervene and opposed Uniloc’s motion for reconsideration.


An author from a patent maximalists' publication said (quoting the above judge): "Judge Alsup unloads: "Patent holders tend to demand in litigation a vastly bloated figure in 'reasonably royalties' compared to what they have earned in actual licenses. ... There is a public need to police this litigation gimmick via more public access." https://www.almcms.com/contrib/content/uploads/documents/403/16984/Uniloc-v.-Apple.Alsup-motion-on-reconsideration1.pdf …"

Uncensored Alsup: patent holders are charlatans and frauds. Who other than Iancu defends the trolls? The other Trump appointee, Makan Delrahim. Appointed by the same con man who appointed Iancu (from the firm that used to serve his business). What a "swamp". As Josh from CCIA put it yesterday: "Delrahim again on his “exercising your patent rights should never be an antitrust violation” while completely ignoring the context—when you’ve made commitments as part of an industry-wide coordinating agreement, it can be an antitrust violation to fail to uphold them."

There's a toxic state of affairs when the officials in charge are in the pockets of patent trolls and law firms rather than science and technology. This is the case both in Europe and in the United States (under Trump).

Recent Techrights' Posts

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026