06.13.18

Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

Posted in Deception, Europe, Microsoft, Patents at 12:38 am by Dr. Roy Schestowitz

EPO examiners aren’t shy to admit this decline in patent quality and abrupt departure from the European Patent Convention (EPC) [1, 2]

EPO quality letter

Summary: Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of “artificial intelligence” (“AI”) carries on, boosted by Battistelli’s own “Pravda” (which he writes for), IAM Magazine

THE EPO and USPTO both use the buzzword (acronym) “AI” to go about granting software patents. Law firms and their clients are patenting software by consciously invoking this vague buzzword while EPO management sets up events to promote the practice (they also say “ICT”, “CII”, “4IR” and so forth).

This is not normal. It’s not acceptable. They are bypassing laws and misleading everyone. The latest example of software patents being disguised as “AI” to fool patent examiners is about a day old (a press release that says “FICO Awarded Seven New Patents for Analytic Innovations in Fraud Detection and AI,” then “FICO has been awarded seven new patents for fraud detection, AI and analytics”). FICO basically gets a bogus — i.e. likely invalid — monopoly on abstract ideas (courts would reject these patents), but unless PTAB receives a petition (IPR) FICO can engage in patent shakedown against rivals.

“FICO basically gets a bogus — i.e. likely invalid — monopoly on abstract ideas (courts would reject these patents), but unless PTAB received a petition (IPR) FICO can engage in patent shakedown against rivals.”This week’s Microsoft- and patent trolls-funded event of IAM also promotes software patents and here’s Microsoft doing its ‘share’ of the task, dubbing software patents “AI”.

“Microsoft’s Nicolas Schifano very clear on why much of AI is patentable,” IAM wrote (and there’s a photo there as well). There’s still not a word from them about Battistelli’s talk in support of software patents (using the latest buzzword); he was definitely there as scheduled. What’s noteworthy is that IAM is now legitimising the judge-bashing Watchtroll. They’re all in this together. A lobby of shame.

Unfortunately, words (or terms) like “AI” can be problematic even if examiners recognise these and throw away the papers (applications). Line managers, for example, can use Battistelli’s buzzwords du jour (e.g. “ICT”, “CII”, “4IR”) and then demand from patent clerks/examiners that they issue a patent/grant. The way things are going right now are profoundly depressing; the examiners are losing any pride associated with their job (work that is hard to replace because of exit conditions and the nature of contract they signed).

Yesterday we saw AA Thornton & Co’s Leonita Paulraj writing about the EPO’s patent assessment criteria, which are mostly overlooked/ignored by corrupt Battistelli (who only wants lots of grants in order to game the system). “In the recent past,” Paulraj wrote, “the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages.”

She emphasises that it’s about pharmaceuticals and biotechnology way upfront:

This article considers how the EPO views the requirement of “plausibility”, which can arise during both the assessment of “sufficient disclosure” of the invention and “inventive step” in proceedings before the EPO, particularly in relation to inventions in the Pharmaceuticals and Life Sciences field.

The EPO Guidelines for Examination (EPO Part F-III, 12) state that if the claimed invention lacks reproducibility, this may become relevant under the requirements of sufficiency of disclosure or inventive step. If an invention lacks reproducibility because its desired technical effect as expressed in the claim is not achieved, this results in a lack of sufficient disclosure, which has to be objected to under Art. 83 EPC (sufficiency). Otherwise, i.e. if the technical effect is not expressed in the claim but is part of the problem to be solved, there is a problem of inventive step, which has to be objected under Art.56 EPC (inventive step).

[...]

The EPO has issued a number of decisions on plausibility, however, none of these decisions are conclusive. The question of plausibility is assessed by the EPO case by case.

From the decisions discussed above, it appears that even if a claim is non-obvious with respect to the prior art or in the absence of any prior art, the EPO could still refuse a case if it is not plausible at the date of filing that the invention does solve the problem it purports to solve.

Likewise, the requirement of sufficiency of disclosure must be met at the date of filing and if the application or patent is found later that it does not meet the requirement, it is no longer possible to correct this deficiency.

In the recent past, the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages.

From what we can gather, based on what sources tell us, the EPC is being violated routinely in the domain of software, with people like Grant Philpott on top of this colossal failure. Software patents are nowadays being granted routinely by the EPO, often in defiance of examiners’ desires and sometimes in part due to buzzwords such as “AI”, “ICT”, “CII”, “4IR”. This is going to cause tremendous agony to Europe’s already-weak (compared to the US) software industry. The US is meanwhile removing many of these artificial barriers (Alice, which we shall cover in our next post, axes many software patents), spurring a boom in investment for software businesses.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2018/06/13/departure-from-the-european-patent-convention/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  2. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  3. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  4. Who is Richard Stallman?

    Reproduced with permission



  5. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  6. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  7. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  8. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  9. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  10. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  11. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  12. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  13. An Ode to Dr. Ernst

    THE BUDGET is right...



  14. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  15. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  16. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  17. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  18. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  19. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  20. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  21. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  22. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  23. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  24. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day



  25. IRC Proceedings: Sunday, April 11, 2021

    IRC logs for Sunday, April 11, 2021



  26. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  27. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  28. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  29. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  30. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts