Bonum Certa Men Certa

Playing With Words and Buzzwords in a Landscape of Software Patents Rejections

Colour letters



Summary: The efforts to get patents on software granted nowadays increasingly rely on synonyms and vague/nebulous buzzwords, such as "AI"; examiners ought to be aware of this because PTAB and courts would almost definitely reject all of these patents

THE limitations in terms of patent scope sometimes seem farcical because both the EPO and USPTO promote loopholes/ways around these limitations. Courts don't.

"There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over."Commercials disguised as articles are again being pushed by a site that recently wrote about António Campinos, who says he will continue to pursue patent maximalism, not patent quality. The term "AI" is nowadays being used by the EPO to promote software patents in Europe (without explicitly mentioning the term "software patents"). There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over. Not a good sign at all. The new commercial disguised as an article says:

Dr Susan Keston of HGF tells IPPro about her new promotion, the landscape of software and computer-implementation, and AI patent applications


Well, "AI patent applications" are just software patent applications and "computer-implementation" (with a dash) makes no sense at all unless they're alluding to "computer-implemented inventions", a misleading EPO term for "software patents". Either way, this is part of a trend that we've been writing about for over a year. Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words. Below we focus on the US; we'd rather set aside EPO coverage.

"Why getting patents is smart for domain name companies" was the headline of this article from last week. It's very bad advice in the post-Alice world because software patents are very weak now. So who's behind such advice? As usual, it's the shameless self promoters. To quote: "As a bit of background, I once worked in the intellectual property group of a Fortune 500 company. My job was to license non-patented software technology for commercialization, but I also saw the inner-workings of patent programs."

"Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words."So what we have here is a site about domain names promoting abstract patents in this domain; but the person who wrote the article is no domain expert, just a patent profiteer, as usual.

Also on the subject of domain names, here we have another commercial disguised as an article (same site as above) about someone who "counsels companies in domain name disputes and software litigation."

This is not necessarily about patents (more likely trademarks), but it mentions PTAB as follows: "He represents clients in false advertising, breach of contract, and defamation cases and has previously been involved in cases before the Patent Trial and Appeal Board, and the US Patent and Trademark Office."

They make a hiring an actual 'news' item; this is part of a problem we used to speak of. Sites that claim to provide news about patents are actually stuffed by the world's law firms (litigation industry) and their PR. This problem extends to the USPTO itself. It now actively promotes the Blockchain hype, leading to articles such as this, which says: "U.S. retail giant Walmart has applied for another patent, which describes the management of smart appliances using blockchain technology, according to an application published by the U.S. Patent and Trademark Office August 2."

"As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners)."Well, these are software patents disguised using buzz/hype. "The USPTO has published blockchain-related patent applications coming from six major technological companies," said another article from last week. Just like in China. Published days ago was a page titled "The 2018 White Paper on China’s Blockchain Industry and the Question of How to Protect Intellectual Property Rights for China’s Game-Changing Technology" (overlap in hype).

As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners). See last week's article "Despite Pledging Openness, Companies Rush to Patent AI Tech" and also mind these statistics ("Machine Learning" being a branch of "AI"): "I identified 21 PTAB Decisions Directed to Machine Learning Patent Applications Since 4/1/2018. The PTAB Affirmed Examiners’ 101 Rejections in 16 Cases and Reversed in Only 1 Case. 5 Cases Had No 101 Rejections."

So the Patent Trial and Appeal Board (PTAB) is wise enough to know -- in the context of inter partes reviews (IPRs) -- that such patents are abstract and thus bunk. The Federal Circuit would likely agree.

It is quite frankly tiring to see all these buzzwords flooding the media, perhaps in an effort to pass off old ideas as more innovative than they really are. Forbes, we might add/stress again, has become quite a patent propaganda site. Their so-called 'bloggers' and writers are patent extremists and some are patent trolls (literally). As a new example of that, see an article titled "Before You Begin The Patenting Process, Read This" (blocked behind a spywall, as usual).

"Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament."Over the past week we've caught up with numerous other patents, e.g. [1, 2, 3, 4], which appear to be software patents. It's hard to tell without looking at the underlying patent texts. We also continue to see companies that brag about new patents. INNOVENTIONS ("Established in 1984," according to its press release) has nothing to show except a pile of new patents; it wants people to pay for these patents. Here is another example which speaks of "350 granted and pending patents across 15 countries, demonstrating ClearMotion's IP leadership position across the globe."

Patents per se are OK, depending on the domain. Software patents, however, are bogus patents (so says the US Supreme Court) and sadly we see the media not only promoting these patents but also mislabeling them, e.g. "AI". Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
 
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day