10.18.18

Gemini version available ♊︎

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

Posted in Europe, Marketing, Patents at 5:20 am by Dr. Roy Schestowitz

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.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  2. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  3. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  4. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  5. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  6. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  7. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  8. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  9. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  10. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  11. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  12. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  13. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  14. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  15. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  16. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  17. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  18. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  19. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  20. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  21. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  22. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  23. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  24. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  25. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  26. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  27. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  28. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  29. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  30. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022


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