Bonum Certa Men Certa

The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

Easier to tax coders, whose projects will be undermined or never come to fruition in the first place (due to fear of lawsuits)

EPO white flag



Summary: EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on

THE EPO seems eager to handicap Europe's software industry. What does it care anyway? All it wants to do is grant as many patents as possible and get a pat on the back from litigators. António Campinos has taken this lunacy to new levels as the EPO under his leadership constantly promotes software patents in Europe. It does so not only every day but several times per day. Campinos recently saw the need to write a blog post about it.



"...now that nontechnical people (promoted based on loyalties rather than merit) run the EPO they're more easily swayed by law firms and marketing departments, not scientists."Not everyone is upset about this abomination. Some people make a living not from creation but from destruction; put another way, they sue things out of existence. Like patent trolls do...

Patent law firms, unlike patent trolls, win irrespective of the courts' outcomes. It doesn't matter if European Patents are nowadays presumed invalid; all that matters is that lawyers are needed...

We recently wrote about the leveraging of "AI" as a byword or surrogate for software patents. Philip Naylor (Carpmaels & Ransford LLP) took note of that too; writing in IAM, the EPO's propaganda rag, Naylor said this:

The EPO has updated its official guidelines to include a specific section on how the office is likely to assess patent applications directed towards artificial intelligence (AI). A preview of the update can be found on the EPO website and will come into force on 1 November 2018.

The update to the guidelines provides further clarity on how the EPO’s existing legal framework will be applied to AI inventions. Generally, the update confirms that the same rules that are applied to all computer-implemented inventions will apply to inventions involving AI. The rules stipulate that mathematical methods per se are “devoid of technical character” and thus are not patentable when considered in isolation. However, inventions that use mathematical methods remain patentable if they provide a technical solution to a technical problem. The EPO’s guidelines now state that AI and machine-learning algorithms are considered to be mathematical methods. Therefore, an invention that uses AI or machine learning must solve a technical problem in order to be patentable, in the same way as any other computer-implemented invention.


So they're adding tricks for software patenting, knowing that these are not allowed. They tell applicants to say "AI" and at the same time instruct examiners to almost 'rubber-stamp' all this "AI" stuff. Never mind if the concept is rather nebulous, much like the concept of "cloud". The litigation industry rejoices and helps this agenda, based on another new article that says:

Jennings is in the camp that believes that AI “augments humans”. He said he was “very happy to see that the European Patent Office (EPO) stresses AI as augmented intelligence”.

The EPO published its preliminary update of its guidelines for examination in early October, which included changes for provisions relating to the patentability of AI and machine learning.


So software can be patented "per se" and "as such"; just make sure the application says "AI" in it.

Eamon Robinson (Haseltine Lake LLP) has also just published this article about the EPO cutting corners for shallower or faster examination:

A European patent or a patent application may not be amended to contain subject matter extending beyond the application as filed. This section of the Guidelines provides guidance on when replacing or removing features from a claim results in unallowable added subject matter.

The Guidelines describe a three step test to determine if such amendments result in added subject matter. The updated Guidelines clarify that an amendment will fail the test, and thus add matter, if at least one criterion of the test is failed.

[...]

The changes to the Guidelines emphasise the importance of this "gold standard" over the above three step test. The "gold standard" should therefore, be considered when making amendments to the claims of a patent or application, in particular when removing or replacing features. Furthermore, the change to the first step of the test may make it easier for objections to be raised to amendments. The previous Guidelines stated that it was enough for a skilled person to recognise that a feature is explained as essential, whereas, the updated Guidelines require that the feature must be objectively explained as essential.

In summary then, the EPO's advice to examiners in relation to removal of features would seem to be getting stricter.


Decisions are already being made a lot faster, at the very least in order to meet quotas/targets. Maybe some time soon Campinos will just use so-called 'AI' (algorithms) to assess patent applications with the term "AI" in them.

It should be noted that this whole "AI" hype doesn't deal with novelty; the term "AI" was reintroduced a lot in the media last year. A lot of it boils down to marketing. In the broadest sense of the term the concept of AI dates back to the dawn of computing. But now that nontechnical people (promoted based on loyalties rather than merit) run the EPO they're more easily swayed by law firms and marketing departments, not scientists.

Recent Techrights' Posts

In defence of JD Vance, death of Pope Francis
Reprinted with permission from Daniel Pocock
Three Years in Prison for Disney Employee’s ‘Menu Hacking’: The Economic Fallout of Digital Menus
Reprinted with permission from Ryan Farmer
Approaching 10,000 Articles/Pages Since Going Static
Trying to silence or derail the site was always a dumb strategy
Microsoft is Shedding Off Loads of Staff and That Can be Dangerous Too
Working for Microsoft is a choice; nobody forces you to do it
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 25, 2025
IRC logs for Friday, April 25, 2025
Links 25/04/2025: Slop Fatigue and Patent Judges Flocking to Fake, Unconstitutional and Illegal Kangaroo Court (UPC, Captured 'Justice')
Links for the day
Gemini Links 25/04/2025: Night Manager and Devuan in Hosting
Links for the day
Windows Falls to New Lows in Nicaragua, Now Below a Quarter (It Used to be Almost 100%)
Another all-time low for Windows
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025