Bonum Certa Men Certa

Patent Trolls' Paradise: The EPO is a Rubber-Stamping Machine, So Why Not Automatically Generate Patent Applications?

The more patents, the merrier, right? A Busy Beaver of a patent office...

Tianjin/EPO's so-called 'production'
Tianjin. So-called 'production' that ends up in flames due to poor regulation and misgovernment (stockpiling).



Summary: Running a patent office where quality does not really matter is "great" business; one can set up a script to generate billions of patents a day and grant them on the same day as well; but the EPO's sick obsession with so-called 'production' seems to have attracted automated application and the EPO isn't sure how to cope with the associated publicity

THERE'S a real problem in our hands when Europe's largest patent office, the EPO, sidles with outlaws. Battistelli was a classic outlaw and António Campinos keeps defending him (see Haar). Moreover, he promotes illegal patents and meets patent trolls, whose business model is akin to extortion. Just before the weekend the EPO posted this tweet about Licensing Executives Society International (LESI). The managers of the EPO are working closely together with a front group of patent trolls. It's a collaboration. They have joint events.



"The managers of the EPO are working closely together with a front group of patent trolls. It's a collaboration."Around the same time/day the EPO was promoting software patents agenda under the guise of "blockchain" (events with patent trolls on the panel) by retweeing this nonsense about the EPO: "Combining forces with Dr. Nigel Clarke, Head of Patent Information Research for @EPOorg , the @Derwent team hosted a webinar focused on blockchain fundamentals—information every IP professional should know. Download the key webinar takeaways..."

Well, it's widely known that webinars are just ads. We've also just seen this new tidbit about an "Advisor on Blockchain Patent Prosecution". A blockchain patent is a fake patent because those are software patents that are not valid anymore. He can help patent trolls though. They rely on not even going to court, instead settling behind closed doors. These are the actors standing to benefit the most from the EPO's insane policy and gross deviations from the law.

"They rely on not even going to court, instead settling behind closed doors."Days ago we saw WIPO and EUIPO mentioned in relation to "hey hi" and patents. Patent maximalists engaged both:

Managing IP speaks to the directors of WIPO and the EUIPO to gauge their views on AI, asking how the technology can help the offices be more efficient and whether job losses are inevitable


This whole "hey hi" nonsense soon thereafter spread further from an EPO-bribed publication, the Financial Times. "Patent agencies challenged to accept AI inventor," the headline said, followed by another piece that implicated the UKIPO. This particular "hey hi" nonsense (in this case gaming the application process rather than patents on algorithms) cited Francis Gurry:

According to a statement from the University of Surrey, the UK Intellectual Property Office (UKIPO) and the European Patent Office (EPO) “have already indicated these applications appear new, inventive and industrially applicable, which are the primary requirements for an invention to receive a patent”.

UKIPO held an event that specifically focused on the issue of AI and inventions created by AI in June. There, speakers clashed over whether AIs should be granted applications for works they have generated.

UK Supreme Court justice Lord David Kitchin said AI holds “profound” potentials and shouldn’t be feared, whereas Francis Gurry, the director general of the World Intellectual Property Organization (WIPO), said he sees “no value whatsoever in attributing inventorship rights to a machine”.


Just before the weekend the BBC quoted the EPO's spokespeople/PR people (5 whole paragraphs about this, but the BBC spikes negative stories about EPO abuses). Leo Kelion (technology desk editor) wrote:

A spokeswoman for the European Patent Office indicated that it would be a complex matter.

"It is a global consensus that an inventor can only be a person who makes a contribution to the invention's conception in the form of devising an idea or a plan in the mind," she explained.

"The current state of technological development suggests that, for the foreseeable future, AI is... a tool used by a human inventor.

"Any change... [would] have implications reaching far beyond patent law, ie to authors' rights under copyright laws, civil liability and data protection.

"The EPO is, of course, aware of discussions in interested circles and the wider public about whether AI could qualify as inventor."


It does not name the spokeswoman, but it might be Mittermaier. Tech Wire Asia, citing BBC, then wrote:

BBC News also spoke to a spokesperson for the European Patent Office (EPO) about the matter who confirmed that while the body is aware of the issue, the filing will be complicated given current regulations.

“The current state of technological development suggests that, for the foreseeable future, AI is… a tool used by a human inventor.”


The patent system may soon deal with computer-generated stuff, assessed by computer stuff that's supposed to replace actual examiners but has been proven to be worse than useless. What's the point of such a system?

World Intellectual Property Review (WIPR) covered this as well:

A team of researchers has now asked the European Patent Office (EPO), US Patent and Trademark Office, and the UK Intellectual Property Office (IPO) to grant protection to patent applications listing Dabus as the sole inventor of the new technologies.

Ryan Abbott, professor of law and health sciences at the University of Surrey, led the team behind the patent applications.

Speaking to WIPR, Abbott said the move was “unprecedented” and that patent offices had “no rules for handling something like this”.

[...]

In a statement sent to WIPR, the EPO said that it could not comment on pending patent applications.

Commenting more generally on the issue of AI inventorship, however, the EPO said it was the “global consensus that an inventor can only be a person who makes a contribution to the invention’s conception in the form of devising an idea or a plan in the mind”.

The purpose of the patent system, the EPO said, was to incentivise innovation and afford rights to protect an inventor’s work.

“These rights are tailored for natural persons, i.e. humans,” the EPO said.


Has this person (applicant behind the machine) 'trolled' the EPO to show the EPO how ridiculous patent quality is becoming? Futurism cited the BBC:

A spokeswoman from the European Patent Office told BBC that it’s hesitant to grant patents to AI because doing so would likely set create unforeseen legal precedents — the office doesn’t take upending existing patent law lightly.

The requirement for a human inventor behind every patent is meant to keep patents in the hands of inventors instead of corporations, per the BBC. But this sort of worker protection wasn’t crafted with the future of AI in mind — the human requirement in the U.K., for example, comes from a patent law written in 1977.


The EPO has been happy to promote "hey hi" as means by which to allow illegal patents on software, but when it's not about legal loopholes and when the whole credibility of the system is at the stake the EPO is suddenly speechless and puts up resistance?

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
 
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