Bonum Certa Men Certa

EPO Granting European Patents on Nature and on Thoughts

Summary: 'Artificial' nature and algorithms that make decisions 'artificially' become monopolies in defiance of common sense and the law; the aspiration is to facilitate as many lawsuits as possible, not rewarding or promoting science

IT IS very simple to demonstrate, based on quantitative data, that software patents in Europe are promoted under António Campinos a lot more often than under Battistelli. Corrupt management doesn't understand anything other than numbers (e.g. patents granted) and it measures "quality" in terms of speed -- the equivalent of a restaurant assessing the quality of its dishes based on the number served per hour. Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts or those on the receiving end of lawsuits rather than patents.



"Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts of those on the receiving end of lawsuits rather than patents."To make matters worse, the EPO is ruining lives by granting patents on life -- something which the USPTO too has been doing. The US patent office is nowadays granting patents on life itself and Kevin Noonan, who promotes this nonsense for a living, seems happy. He published "University of California/Berkeley Granted Another CRISPR Patent" several days ago and IPPro Patents' coverage said that "[t]he US Patent and Trademark Office has granted the University of California a patent covering RNA guides that, when combined with Cas9 protein, can be used in gene editing. [...] In the most recent ruling, the US Court of Appeals concluded that the use of CRISPR-Cas9 in plant and animal cells is separately patentable from University of California, Berkeley, scientists Emmanuelle Charpentier and Jennifer Doudna's use of CRISPR-Cas9 in any environment."

"Seed patent growth prompts litigation and licensing fears," said another new headline, alluding to the EU Biotech Directive and EPC:

European seed companies traditionally did not own many patents. The European Patent Convention and the EU Biotech Directive (98/44) sets out that plant varieties and essentially biological processes for plant production are excluded from patent protection – in stark contrast to other jurisdictions, such as the US.

The laws do not rule out patent protection on plant varieties altogether, but they did have the effect of severely limiting how many inventions seed companies could register in Europe.

These companies have instead relied on plant breeders’ rights (PBRs) for a long time to protect their inventions on the continent. Those rights grants them exclusive control over the propagating and harvesting material of a new plant variety so long as it is new, distinct, uniform and stable, and allow competitors to request and buy protected varieties to further breed and develop them.

But over the past five years, agritech has taken a massive leap forward and new tools have allowed businesses to more easily discover and replicate specific plant traits that may encompass several varieties. These traits and the technology used to find them can be patent protected in Europe.


As recently as weeks ago Campinos liaised with those who promote patents on seeds. Campinos, being anything but a scientist himself, can possibly use lack of understanding as an excuse (as Battistelli did).

"As recently as weeks ago Campinos liaised with those who promote patents on seeds."Does Campinos know what "AI" is? Does Campinos just use the term because the marketing industry does? In Lexology-syndicated coverage from Rothwell, Figg, Ernst & Manbeck, PC's Jennifer B. Maisel and Eric D. Blatt we continue to see law firms piggybacking "AI" in an effort to sell abstract patents. It's becoming easy as Campinos has just 'legalised' software patents by using buzzwords like "AI". He's helped by Battistelli-connected sites like IAM, which only days ago wrote tweets like [1, 2]: "Sarboraria - we did a study a few years ago on AI-related patent applications post-Alice and found allowance rates in mid-80% range. Shows that innovators should not be dismissive of patenting for AI related inventions because of [Section] 101 [...] Last panel of the day - @Google’s Aaron Abood, @Arm’s Robert Calico, @intel’s Helen Li and Kenneth Lustig from @realwearinc discuss the IP challenges when protecting AI..."

Even the hardware industry is nowadays (name-)dropping the term "AI" for marketing purposes. Sometimes they say "Machine Learning", which is a slightly different thing. They use these terms to market themselves; "European Patent Office Gives Guidance on Artificial Intelligence and Machine Learning" from Cooley LLP's Arthur Laycock and David Wraige (as mentioned here days ago) has been reposted in another site; all they care about is getting clients. World Intellectual Property Review wrote that "AI examination guidelines come into force at EPO" while mentioning "algorithms" explicitly:

Guidelines on the patentability of artificial intelligence (AI) and machine learning technologies came into force yesterday at the European Patent Office (EPO).

In its annual update of its examination guidelines, the EPO—for the first time—provided guidance for examiners on the fast-growing area of AI and machine learning.

According to the guidance, AI and machine learning are based on computational models and algorithms which are of an abstract mathematical nature, regardless of whether they can be "trained" based on training data.


These are just algorithms!

As Benjamin Hernion noted, "EPO replaces the EPC exclusions with the "technical" character, mentioned 10 times in here to make math and AI patentable https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_ii_3_3_1.htm …"

But algorithms are definitely forbidden a patent monopoly. So what is going on here?

"These are just algorithms!"The EPO is meanwhile boasting about yet another event that openly promotes software patents (monopolies on algorithms) in Europe by writing: "You're invited to join us for a thought-provoking day to discuss the issues involved in the global #patenting of emerging technologies and help define the way forward. For more info and to sign up, click here: http://bit.ly/indoeur"

This links to a page (warning: epo.org link) that says: "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 also tweeted about "AI" explicitly just before the weekend: "We have published this summary of our conference on patenting #artificialintelligence. Read it for the main takeaways from the event: http://bit.ly/AIpatents" (they call software patents "AIpatents").

"So the EPO basically allows patents on thoughts or minds or a thinking process."When will politicians intervene (if ever)? Last month IP Kat wrote about this nonsense and it has just received this reply from Wim Mooij, who wrote: "Part of the confusion originates from the strange way people treat results of a class of computer algorithms under the classification AI. These "AI" algorithms require inputs and the selection of the inputs determines the results. Before showing the results, there like has been a further selection process. The creative aspects are: conceiving the idea of using these tools, finding a set of meaningful inputs and filtering the results. Surely worthy of copyright protection."

But these are still algorithms; they're just being categorised as if that magically makes them OK with the EU Directive, EPC etc. There's clearly no "device" involved.

The following comment then says:

So the problem as I see it is that a work to which 9(3) applies has no human creator, and yet must still be original. This problem arises even in the not-so-AI computer games cases like Nova. But maybe there is no contradiction, if what is required is for the computer to demonstrate originality. This is in line with some definitions of what AI actually is - "AI seeks to make computers do the sorts of things that minds can do" [1] (things like produce original art in the copyright sense?).


So the EPO basically allows patents on thoughts or minds or a thinking process. As we shall demonstrate at a later stage, the other such term the EPO nowadays misuses is "Blockchain" and patents on software are being granted provided the applicant overuses such terms.

Recent Techrights' Posts

Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
 
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025
Latvia (and Lithuania) Stepping Away From GAFAM, Microsoft
Windows becomes unessential as Android and GNU/Linux rise
Microsoft Layoffs Are Infectious (Don't Get Acquired or Become a Partner)
It seems like companies choosing to become "buddies" with Microsoft are dooming themselves and their products
The Fall of the Open Source Initiative (OSI): The OSI Election is Rigged, Biased Against People Who Oppose the Openwashing of GPL-Violating Bots Operated by Microsoft for Profit (OSI Gets Paid to Promote This)
they reckon that pretence of calm would serve them best, helped by puff pieces
A Closer Look Inside the EPO, Courtesy of Benoît Battistelli's Submissive Lapdogs Roberta Romano-Götsch and Elodie Bergot
new report comes from the Local Staff Committee Munich (LSCMN)
In Vietnam, statCounter Sees Microsoft Windows Falling Below 7% "Market Share"
Can Microsoft still demand $500 or more per Windows licence?
Links 10/03/2025: Staff Strikes, Mass Layoffs in Gaming Industry
Links for the day
Gemini Links 10/03/2025: "Eat The Rich" and Two-Year Anniversary of the 'Space Elevator' Orbit (Like 'Webring')
Links for the day
Links 10/03/2025: Small Web Praised, LLM Chatbots Exposed as Worse Than Useless Again
Links for the day
A Call for GNU/Linux and BSD Developers to Unite Against GAFAM and the Regime They Empower
We have long encouraged and continue to encourage people who value Software Freedom to altogether boycott GAFAM
The Ludicrous Mythology of Commonality as Signal of Value, Merit, Popularity
Devalue what's true, promote marketing?
[Video] Richard Stallman on the Four Essential Freedoms (Manuel Cuda News, 2025)
Added to a channel several days ago by Manuel Cuda News
Gemini Links 10/03/2025: Realisation About Young People, Punks, and Discord IPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 09, 2025
IRC logs for Sunday, March 09, 2025