Bonum Certa Men Certa

The EPO Lost Any Sense of Shame About Granting Patents on Software, Which It Openly Welcomes and Even Encourages

They just refrain from using that particular term ("software patents")

EPO on CII



Summary: “Global patenting and emerging technologies” conference in Munich seems to be all or mostly about algorithms; software patents are also being granted and there's no denial of it, there's no sense of shame over it

THE EPO has become even worse than the USPTO when it comes to granting abstract patents. At the USPTO there are at least examiners who bring up ۤ 101 and reject applications based on it. Not at the EPO.



There's a new event being advertised by the EPO. This upcoming event was advertised just before the weekend. This is a propaganda event. The corresponding page (warning: epo.org link) uses the typical buzzwords (ICT, 4IR, AI and so on) and the tweet says: "We're delighted to have such a great line-up of speakers for our upcoming “Global patenting and emerging technologies” conference in Munich on 29 November..."

What's in it? Here they go again:

The 4th Industrial Revolution continues to gather momentum, and the digital transformation is affecting all aspects of life, as shown by the EPO’s report on "Patents and the Fourth Industrial Revolution". Information and Communication Technologies (ICT) are converging with all traditional areas of technology.

This provides opportunities for emerging technologies such as Artificial Intelligence, capable of “Machine Learning” and optimising systems too complex for manually programmed algorithms; and Blockchain, for digital-speed processing of secure transactions.


The EPO's management basically tells people (applicants for instance) to put certain terms in their invention descriptions (or applications) for abstract patents to be granted on algorithms. On Friday the EPO wrote: How do you draft a patent application for blockchain technology and should you consider other forms of IP protection too? We'll be discussing that and more in The Hague on 4 Dec: http://bit.ly/EPOblockchain18 pic.twitter.com/OiXvxYoARr"

EPO management also urges applicants to call algorithms "AI" and assures applicants along the lines of, "we'll bully our examiners to grant/enshrine that as a patent monopoly" (never mind whether or not courts will later object, if that even reaches a court at all and perhaps the EPO hopes to replace national courts with a crooked UPC). On Friday the EPO wrote again: "The EPO’s first-ever conference on the impact of #artificialintelligence on the patent system was intended to open up a discussion on this topic. You can read the main conclusions from the event here: http://bit.ly/AIpatents pic.twitter.com/NU3jTyh7Fb"

There has been a lot of rubbish like this lately -- so much that European law firms exploited the opportunity to promote themselves by googlebombing "AI" in relation to the EPO. They want applicants to come to them. Just before the weekend Frances Wilding and James Ward (Haseltine Lake LLP, which has been reposting stuff quite a lot lately) wrote about the EPO further cheapening patents and/or tossing out patent quality. Everything is in the mix: "CII", "4IR", not to mention the above ("blockchain" and "AI").

To quote:

Computer-implemented inventions (CII)

CII generally involve software developments and can relate to almost any field of technology. An EPO report ("Patents and the Fourth Industrial Revolution, The inventions behind digital transformation" December 2017) recognizes that "innovation in the enhancement of products and processes is increasingly taking place in the virtual layer of software, rather than in any hardware components." and "A large proportion of current inventions are therefore based on software implementation." How the EPO deals with CII is probably of greater importance now than at any earlier time.

[...]

Issues pertaining to these "non-technical" subject-matters arise not infrequently in relation to CII. The aim for EPO examiners and applicants is to assess and ensure that a claimed CII does not fall on the "non-technical" (and hence inherently unpatentable) side of the line but falls on the "technical" (and hence potentially patentable) side of the line. The relevant EPO policies and practices for distinguishing between "non-technical" and "technical" have evolved over many years. Briefly, to fall on the "technical" side of the line, the claimed invention should find application in a field of technology and involve some aspect of "technicality" - technical character, technical contribution, or technical purpose.


This is the set of "Updated Guidelines For Examination At The EPO In Force 1 November 2018" that Wilding and Ward speak of. Software patents seem like the main 'feature' of that. It hardly surprises us, seeing for example how the EPO's advocacy of software patents doubled if not trebled when António Campinos became President back in July.

Recent Techrights' Posts

15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
 
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024