Bonum Certa Men Certa

An Uphill Battle for Software Patents in the United States, Except When Catchphrases and Buzzwords Are Used

20 Buzzwords you have to know in Artificial Intelligence
Reference: 20 Buzzwords you have to know in Artificial Intelligence



Summary: Barring or excepting misuse of buzzwords such as Artificial Intelligence, software patents have become incredibly hard to assert in the United States, albeit they're possible to sneak past examiners and then license without any legal challenge

THIS summer, i.e. several months from now, Alice will turn four. The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that.



"The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that."Watchtroll is still overtly promoting software patents, even in a so-called 'webiner'. It's like a front group. But worry not, they're not getting their way.

One way remains to get software patents past examiners and sometimes judges too. It boils down to semantics; they just try to make software patents sound like something they're not. They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI).

"They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI)."It has been particularly hard to overlook or ignore the "AI" buzzword (and media hype) this month. Everywhere one looks in the news -- not just science news -- it's "AI", "AI", "AI"... it's not even a new concept.

Wayne Ramsay, Chief Strategy Officer at Exigent, wrote about "AI" some days ago in relation to law firms. It's time for law firms which neither understand "AI" nor care about "AI" to just say "AI" all the time:

Instead, alternative providers have taken a multifaceted approach to innovation: still applying the FTE billable hour model while slowly shifting to the faster, better quality, fixed-fee model enabled by Artificial Intelligence. [AI]


"We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms."All this hype about artificial intelligence has even reached IAM some days ago ("Patent search: the evolution from manual to artificial intelligence"), not to mention Lexology ("Artificial Intelligence: All Our Patent Are Belong to You 3.0"). This nearly sickening media hype around "Artificial Intelligence" (especially over the past month) is mystifying. Who is pushing this? The concept is many decades old. Why is it all of a sudden like the "next best thing"? We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms. A lot of examiners might not be familiar with these concepts, which can make any old idea sound more novel/innovative. I actually implemented "AI" more than 15 years ago when I wrote game engines and wrote papers about machine learning about 15 years ago when working on my Ph.D. Even back then those things weren't particularly cutting-edge. It's statistics. It's mathematics.

We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion.

"We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion."Why does the US still grant some software patents on what's clearly not eligible under Alice? A few days ago I saw this new press release about 4 newly-granted patents on computer vision (my research discipline). Do they really not know that it's just mathematics (matrices)?

How about Walmart applying for a 3D image patent for online grocery? This too was in the news some days ago and again it's computer vision, i.e. software/geometry. Stop granting monopolies on maths...

"As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible."To name one last example, Aterica licenses mMed patents [1, 2] on a "hardware and software platform," which we assume means that some of these patents simply cover software. As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible. This kind of bundling of decent patents with dubious ones has become so common. It's one way to drive up the price of licensing or litigation (for instance, suing or threatening to sue a company with 100 patents, only a handful of which are decent). Patent maximalism is quite a disease and it's antithetical to the theory of incentive.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day