Bonum Certa Men Certa

Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

The rush to promote software patents completely overlooks the fact that courts keep rejecting them

Coons bribed



Summary: Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents

Funded by patent litigation firms, the glorified bill which patent maximalists promoted last week is already a thing of the past. Just like last year and the year prior to that. It's like an annual ritual and this time it's marketed as "bipartisan" because there are two (a couple) politicians from 'opposing' corporate parties behind it; they're not from oppositing sectors/interests, just a different letter on their lapel (the D/R duopoly). They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show.



"They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show."Judging by reactions in patent maximalists' blogs, we can more or less tell that expectations are low. They give it a shot, but even they realise that those Senate hearings were stacked. In "Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform" Gene Quinn (Watchtroll) has just said that the status quo is a "disaster". He's right. A disaster to patent trolls and parasitic law firms like his...

What they cannot deny, however, is that firms that actually produce things like the status quo a lot better and fully support AIA.

Senate members (other than Coons and his sidekick) can just look who's promoting the Coons coup (bill): literally the lobby groups of patent trolls and the politicians funded by their law firms. It's a form of corruption or bribery, but they prefer calling that "campaign contributions". Of course Michael Rosen of the American Enterprise Institute (a front group for extremists like Trump and platform for patent trolls) has just backed this Coons coup -- a coup against the Patent Trial and Appeal Board (PTAB) and 35 U.S.C. €§ 101. Seeing that inter partes reviews (IPRs) invalidate a lot of software parents, they just had to say something. Rosen had done this for years, typically citing the Koch 'scholars'. Bought, paid-for bills won't go very far. Who took the bill (invoice)? Follow the money of Coons. He has just hit the lobbyists' media and tweets that cite Coons are patent maximalists'. He's also boosted and amplified by patent trolls' front groups such as IAM (e.g. here and here). Not a single productive company is supporting this. As the CCIA put it in a tweet a few days ago: "The guy *whose patents were invalidated in Alice* thinks this is a bad, overbroad bill."

"...European Patents have got one heck of a crisis; the courts keep rejecting them again and again."The U.S. Patent and Trademark Office (USPTO) is already attempting to water down or ignore 35 U.S.C. €§ 101; that would have no impact on courts however. There are a couple new cases (in our daily links) wherein Federal Circuit judges throw out software patents. Nothing has changed!

Over here in Europe nothing is changing either, not at the courts anyway. Sure, there are software patents in Europe (wrongly granted by the EPO), but they won't withstand judges' scrutiny. Yesterday the EPO wrote:

Nearly 18 000 patent applications relating to self-driving vehicle technologies have been filed with the EPO in the last decade, almost 4 000 of them in 2017 alone. More interesting findings on #patents and self-driving vehicles here: http://bit.ly/SDVstudy #SelfDriving


"Many of these (not all) are fake patents and bogus patent applications that should be rejected as software patents," I responded, "but EPO will grant them anyway..."

As we shall show in our next post, European Patents have got one heck of a crisis; the courts keep rejecting them again and again. This mirrors much of what we see in the US (more so over the past few years).

On the subject of self-driving vehicles, mind this new article that says:

The need to promote innovation through open source software (OSS) and a desire to protect patent rights may be contradictory interests for businesses investing in artificial intelligence (AI) and autonomous driving


They interject the "AI" nonsense into it; those are software patents. Earlier this week an Israeli law firm and some other law firm showed that Israel (IPLO) may be trying to allow software patents under the guise of "HEY HI!" (AI) -- the same kind of patents that the EPO elevated to Inventor Award "finalist" (an Israeli company which uses the term "AI", as per the EPO). From the article: "It seems clear that, at this point, AI implemented inventions will be reviewed by the IPLO under the same rubric as software or computer-implemented inventions.."

Notice the use of the term "computer-implemented inventions" (CII) and "AI". The EPO helped popularise these lies. Some of these recent patents are on fictional/theoretical things. They're designed mostly for hype and marketing -- the idea that these cars are "safe" because of some patents and "HEY HI!"

Recent Techrights' Posts

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt