Bonum Certa Men Certa

About Half of the Supposed 'Growth' in Patents is Abstract Stuff or 'Software-Related' (Patents That Courts Would Quite Likely Reject)

Illustrator promptSummary: Despite a disturbing mass-granting trend, wherein quality and legitimacy of patents may matter no more (it's all about quantity, not quality), the courts are pushing back, both in Europe and in north America; so unless they can miraculously put the courts at the hands of patent maximalists -- basically what Team UPC is hoping to achieve to no avail -- there's a massive avalanche ahead (millions of tentatively invalid or fake patents)

LATELY we've been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we're meant to think granted patents and innovations are surrogates). Donald Trump's regime contributed its fair share to this fiasco (Hungarian/Hungary-born litigation USPTO 'mole'), but we have our own 'Trumps' right here in Europe (with cross-pollination). They don't even need to win an election and rally a bunch of violent mobs. We've written more than enough about EPO dictators Benoît Battistelli and António Campinos shamelessly promoting patents on software using a plethora of laughable and usually meaningless buzzwords and hype waves. Across the Atlantic they lobbied for the same, seeing that since 2014 (Alice at SCOTUS and 35 U.S.C. €§ 101) software patents have been mowed down by the thousands in the Federal Circuit and Patent Trial and Appeal Board (PTAB), mostly via inter partes reviews (IPRs), i.e. post-grant.



"Lately we're been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we're meant to think granted patents and innovations are surrogates)."Earlier this week Eileen McDermott (editor of Watchtroll) wrote about these fake patents and dubious verdicts. She wrote* : “The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence.”

"CAFC, which still isn't too eager to allow any of these patents, is without its chief judge Prost (not in charge anymore)."A day or so apart Raymond Millien (also over at Watchtroll) said: "In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related" (so basically questionable if not outright fake patents, even where the law forbids them).

CAFC, which still isn't too eager to allow any of these patents, is without its chief judge Prost [1, 2, 3] (not in charge anymore). But it's still insistent. Steve Brachmann (Watchtroll) wrote: "Federal Circuit Affirms [Section] 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa..."

"We must confess that we try really hard to find more sources for 'news' or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents."Here in Europe I constantly find stories about European Patents perishing in courts; well, software patents are also fake patents across the Atlantic -- in American courts too...

That's certainly a relief and good news to software developers.

We must confess that we try really hard to find more sources for 'news' or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents. Their influence is waning, but they will never admit it. That's just how they operate, projecting confidence to clients while egging them on to pursue more lousy patent and file more lawsuits (even actions that likely go astray at the end, i.e. enriching nobody but the law firms).

To be most frank, having written literally thousands of posts about these issues already, we'd rather focus on new material and revelations. "EPO Exposé: The Besieged Baltic States – Part VI" is due to be published tonight. There has been a lot of interest in this series. We're also grateful to readers who shifted over to gemini:// and take advantage of better (and lighter) protocols. ____ * All links are omitted in this case because Watchtroll is the only site we refuse to even link to because of its highly aggressive tone and blood-lust-type stance, especially when its founder was still in charge there, constantly attacking judges -- left and right -- for merely doing the right thing. He has since then softened his tone somewhat.

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026