Bonum Certa Men Certa

European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

The next wave: EPO "paper on examination of CII and AI inventions"

EPO on CII



EPO on CII



Summary: In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) nowadays exploit the "AI" hype wave (it seems as though the EPO started it). More recently UN/WIPO joined 'the club'. I've been programming so-called 'AI' since I was a teenager; I put AI in scare quotes because it's a catchphrase, an abstraction. Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria). It's about classification somewhere in the code and it is always about algorithms. The EPO hopes to work around the EPC and the USPTO tries to circumvent 35 U.S.C. ۤ 101/Alice (SCOTUS).



"Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria)."We have written a great deal about this subject already; it goes years back and it started under Battistelli, whose friends at Managing IP have just published this piece, "AI and patents," (part of a series) in which they promote "AI" as means for generating patent applications while at the same time promoting patents on the underlying methods. "Patent Strategy’s landmark survey of more than 60 in-house lawyers shows that most businesses believe artificial intelligence will be used for invention discovery," they wrote yesterday, "but that patenting those products and processes could be difficult" (but possible).

What this whole "poll" boils down to is lobbying, the business model of the site (just check who the funding sources/persons are, not to mention the target audience).

It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract. There's also plenty of prior art, sans the buzzwords.

"It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract."Kritika Bharadwaj, James Donoian, and Susan Goldsmith of McCarter & English, LLP say this week (also yesterday) that "[t]he UK’s participation in the unitary patent system and Unified Patent Court are, however, open questions." No, you cannot participate in something that does not exist.

Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms.

"Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms."Law firms in Europe are eager to pursue (for clients) all sorts of bogus patents in violation of the EPC -- a subject we'll expand on in our next post because it's part of a disturbing pattern. As we pointed out some days ago, the EPO is now hooking up with patent extremists to promote software patents in Europe, this time under the guise of "AI inventions" (the EPO likes to say "AIPatents). In fact, retweeted by the EPO on Monday (they wrote almost nothing else) was this tweet that says: "@4ipcouncil and @EPOorg publish paper on examination of CII and AI inventions: #epo #artificialintelligence #ai #cii - http://bit.ly/2E0JOK9"

They even admit it themselves: "AI" is just "CII" (i.e. software patents). The EPO is actively collaborating/participating in this. While tweets may not necessity be endorsements, the EPO is officially involved here.

"It's an exercise in rebranding."Found via this tweet was also this new post from Microsoft's LinkedIn. It speaks of Microsoft's "AI" patents and says "Luxembourg as a country is an interesting case for patent filings. The small country managed to work its way into the top 25 jurisdictions for AI filings. Most of the filings come from American, German, Japanese and French patent ownership."

This whole post is about buzzwords like "IP" and "AI" (the title is "Quick IP Data Insight: Luxembourg AI, Powered by NVIDIA.") and it's about the most infamous tax evasion apparatus (e.g. by patent accounting tricks). This one is in Europe and again it's piggybacking the "AI" buzzword, which basically corresponds to software patents. As we recently noted, various law firms with their 'studies' nowadays try to pass off old patents as "AI", in order to pretend there's some sort of astronomical growth in such patents. It's an exercise in rebranding.

Recent Techrights' Posts

After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
 
The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux
10 More Days
Tux Machines turns 20.
[Meme] Meeting People on 'Dating Apps'
On the Internet, nobody knows you're a dog until you bark
The Campaign to 'End' Richard Stallman - Part IV - The Legitimate Concerns
So at least we now know why the FSF does not mention public talks
Links 30/05/2024: Public Domain and Kangaroo Courts
Links for the day
Canonical Works for Microsoft
Where are the antitrust regulators or CMA?
Links 30/05/2024: Microsoft Layoffs Back in Headlines, RISC-V and Standards
Links for the day
Gemini Links 30/05/2024: A Lonely Friend and Deletion of Old Posts
Links for the day
[Meme] 10 Years Down the New Career System (NCS) and What it Did to Our Collegiality
New from SUEPO, the staff union of the EPO
[Chart] Chromebooks in Micronesia Grew at the Expense of Microsoft Windows
As of today...
Angola: Microsoft Windows Down From 98% to 12%
Africa is "lost territory" for Microsoft colonialism
No News Drought in Techrights
Leaving my job after almost 12 years also contributes to available time for research and publication
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Wife
In my view, it is a form of overt sexism
Death Valley
The truth can be twisted
[Meme] UEFI 'Secure' Boot's Model of Security
Lion cage with people
Climbing a Tall Mountain for 2 Decades
In Web terms, 20 years is a very long time. Very few sites (or a small proportion of the whole) make it to 20.
If You're Going to Concern-Troll "Linux" Make Sure You Actually Use It (Or Tried It)
Concern-trolling has long been a key ingredient of GNU/Linux Fear, Uncertainty, and Doubt
The Serial Strangler From Microsoft is About to Be Served Court Papers
You can run, but you cannot hide
The Campaign to 'End' Richard Stallman - Part III - The Reddit Mob (Social Control Media Controlled, Steered or Commandeered by Wall Street)
This is totally reminiscent of what authoritarian regimes do
Caged by Microsoft
Are you telling me that preventing people from booting their Linux is security?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 29, 2024
IRC logs for Wednesday, May 29, 2024