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

Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
 
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026