Bonum Certa Men Certa

Pro-Litigation Front Groups Like CIPA and Team UPC Control the EPO, Which Shamelessly Grants Software Patents

Summary: With buzzwords and hype like "insurtech", "fintech", "blockchains" and "AI" the EPO (and to some degree the USPTO as well) looks to allow a very wide range of software patents; the sole goal is to grant millions of low-quality patents, creating unnecessary litigation in Europe

THE death spiral of patent quality is overseen by Iancu and Campinos, two non-scientists who head the USPTO and EPO, respectively. The only quantity or currency they understand is money. Campinos, being a former banker himself, would no doubt drool over the amounts of money gained by just printing papers (European Patents). It doesn't seem to bother them that 35 U.S.C. €§ 101 and the EPC should in principle deny US patents that are abstract (like algorithms) and software patents in Europe. Those 'pesky' laws are just 'obstacles' when one's objective is to maximise revenue, not quality, innovation etc.



"Those 'pesky' laws are just 'obstacles' when one's objective is to maximise revenue, not quality, innovation etc."The U.S. Patent and Trademark Office, which deals with trademarks as well as patents, makes over 3 billion dollars (latest figures) in exchange for granting man-made monopolies, mostly to large corporations that bully rivals (money out of nothing). It's great, isn't it? Money by the billions... for just printing things.

IPPro Patents has just repeated self-promotional claims about "insurtech" -- a fairly new buzzword for what typically alludes to fake/bogus patents on software and/or business methods. We mentioned "insurtech" some days ago; it's similar to "fintech", which we'll come to in a moment.

We'd like to focus on the EPO, however, because its software patents extravaganza truly went out of control last week. On Thursday, for example, half of its tweets promoted such patents. The EPO promoted (RT) this tweet which said: "We are teaming up with @EPOorg to deliver an online services workshop, making online filing easier to understand. Join us on 14 or 15 Nov at @TheCIPA in #London."

"Remember that someone from UK-IPO becomes a Vice-President at the EPO next month."So this coming week UK-IPO will do a 'workshop'; CIPA is a litigation 'industry' front group and the EPO is notoriously corrupt. Not too wise for UK-IPO to associate with either of these (as opposed to scientists), but this is where we are today...

Remember that someone from UK-IPO becomes a Vice-President at the EPO next month.

And another event is coming. It's called “Global patenting and emerging technologies”, but the corresponding page makes it very clear that by "emerging technologies" they mean software patents. The EPO already promotes this; it's advancing software patents very shamelessly (if not aggressively) in this event. Those are disguised using buzzwords, as usual.

On Friday the EPO wrote: "Speakers from @Siemens , @Samsung , @Tatacompanies, @Wipro and @Ericsson will take to the stage at our "Global patenting and emerging technologies” conference in Munich. To book your place, go to http://bit.ly/indoeur pic.twitter.com/kAiLXNxtfz"

They also asked: "Are you involved in patents and #blockchain developments?"

"So that same old "AI" and "blockchain" nonsense has also been interjected into the Patent Information Conference."By "blockchain developments" they mean software development -- something on which they're marketing patent monopolies; this was also promoted in the following tweet: "The @EPOorg has an exciting agenda for next week's Patent Information Conference in Brussels! #AI, #blockchain, #textmining and more: bit.ly/2RqxlmP Visit us at stand 4 to hear what's coming in 2019! #patents pic.twitter.com/dB3PBxbNSj

So that same old "AI" and "blockchain" nonsense has also been interjected into the Patent Information Conference. They know why they do this. The law firms gleefully play along. James Gatto (Sheppard Mullin Richter & Hampton LLP) is now reposting in more sites his article titled "10 Lessons On Blockchain And Open-Source Licenses" (mentioned before in Techrights). JD Supra (press release/coverage) is the latest. They falsely assert that such patents are compatible with Free/Open Source software. Meanwhile in the US Salesforce is getting bogus patents or software patents disguised by buzzwords/hype like "blockchain". Here's one example:

U.S. software company Salesforce has won a patent to detect spam emails using blockchain technology. The patent filing was published on the U.S. Patent and Trademark Office (USPTO) website Tuesday, Nov. 4. Salesforce, which offer its customers is a cloud-based mailing platform, patented a solution that allows for the detection of whether an initial email was modified while being sent. In addition, the blockchain-driven program could help improve the existing filters that often fail to distinguish between spam and regular emails, such as promo letters.

As explained in the technical part of the document, to assure the authenticity of the message, the first email message server will record a selected component of the current message into a block to get other nodes’ approval. When the second server receives the message, it checks the blockchain record to find out whether the data has been replaced. If the two messages match, the email is marked as wanted. If the content has been altered, the mail goes to the spam folder.


"Salesforce Awarded New Blockchain Patent For Blocking Email Spam via Custom Matching System," another article said (specialising in this area). It explained this as follows:

Salesforce, a giant of the software industry, has recently been awarded with a patent that will outline how a platform based on the blockchain technology could be used in the prevention of spam and other unwanted emails that fill up people’s inboxes with trash.

The document that outlines this story was published Tuesday, November 6, by the U. S. Patent and Trademark Office. According to it, the idea is to create a platform powered by the technology of the blockchain that can be used to check your emails and their integrity (in the case of malware) using a matching system.


These are very obviously software patents and the USPTO oughtn't be granting these (Section 101). We saw many articles about this last week, e.g. [1, 2, 3, 4, 5, 6, 7, 8]. Funny how nobody mentioned that these patents oughtn't be allowed? Too mesmerised by hype waves? Here they go again:

This platform is going to use a blockchain matching system to determine if emails are being sent legitimately to the address owner. When a user sends emails, part of it will be recorded on the blockchain. As soon as the second server receives the message, it will cross-reference it with a component and determine if it matches the part of the email that was saved on the blockchain. As long as the component matches, the email will be forwarded to the inbox. If it doesn’t match, it will be marked as spam. The system makes sure that messages are not modified during transit from one server to the other.


This is very clearly an algorithm. How can anybody claim otherwise?

Another example of patents on algorithms being granted came out a few days ago in the form of a press release/publicity with buzzwords like "bank, fintech, retail, and cloud service customers."

"This is very clearly an algorithm. How can anybody claim otherwise?"This speaks of "detection algorithms. BehavioSec has also received new patents related to its new capabilities."

Well, software patents are bunk. Section 101 applies it they themselves call it "algorithms". See the press release [1, 2]. Are they no longer shy to use the word "algorithms", even in the post-Alice era? How about IronClad's latest press release that says: "IronClad Encryption Corporation (OTCQB: IRNC), a cyber defense company that secures digital assets and communications across a wide range of industries and technologies, today announced that it has received notice from the United States Patent and Trademark Office that six of its patents have been allowed and should be issued by the end of the year."

But those are software patents.

"Section 101 applies it they themselves call it "algorithms"."Going back to the EPO, notice how it's again bringing up "AI" by saying: "A summary of the EPO’s first conference on patenting #artificialintelligence as well as recordings of the keynote speeches, panel discussions and Q&A sessions are now available here: http://bit.ly/AIconf pic.twitter.com/3gS9IcMdwu"

Mark Bell from Dehns (Team UPC) has meanwhile encouraged -- yet again -- software patents in the UK. He does so even though they're not worth a quid; he uses EPO-promoted buzzwords like "AI" to mislead potential clients when he writes (e.g. in Mondaq):

Artificial intelligence (AI) and machine learning are very much growth technologies that are being exploited in many different industries. These techniques aim to replicate the intelligence and learning capabilities of humans in machines and computers. Examples of uses include speech recognition, self-driving cars and robotics.

It follows that new inventions using AI and machine learning will be the desired subject of patent protection from companies investing in these technologies. However, not all jurisdictions allow these types of "inventions" to be patented. For example, there are restrictions on being able to obtain patents for pure computer software, in which AI and machine learning will often be implemented. Handily, in Europe, the European Patent Office (EPO) publishes their "Guidelines for Examination" which set out how the patentability of such inventions should be examined.

A recent update to the examination guidelines includes, for the first time, a section on how patent applications directed towards inventions for AI and machine learning in particular should be assessed. This section notes that the computational models and algorithms behind AI and machine learning (e.g. neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis for classification, clustering, regression and dimensionality reduction) may be of an abstract mathematical nature and thus prohibited from being granted patent protection.


These people (like Dehns) continue to rely on bypassing actual patent courts; they still fantasise about an EPO-connected UPC -- one that would accept software patents. Lexology has just carried this article of Wrays' Phil Burns on "The impact of BREXIT on UK & European patents"; well, the UPC is dead, but EPs -- whose rapidly-declining quality is a growing concern -- are still a threat to Brits. It doesn't bother these law firms because such threats are something for them to gain from (financially). They 'monetise' threat and risk.

"...the EPO isn't too concerned about facts. All it cares about is money and if the law stands in the way, then it will construct some phony justification for ignoring or working around the law.""Kluwer Patent blogger" (typically the patent zealots from Team UPC who profit from litigation) has just joined in, trying to make excuses for the EPO granting software patents in defiance of EPC (the law/legislation today's EPO is based upon). A days days ago it said:

As these models and algorithms “are per se of an abstract mathematical nature, irrespective of whether they can be ‘trained’ based on training data”, the guidance concerning mathematical methods (G-II 3.3) – which are generally excluded from patentability, applies.

However, “If a claim is directed either to a method involving the use of technical means (e.g. a computer) or to a device, its subject-matter has a technical character as a whole and is thus not excluded from patentability under Art. 52(2) and (3).”

The new guidelines give two examples of technical application of AI and ML: “For example, the use of a neural network in a heart-monitoring apparatus for the purpose of identifying irregular heartbeats makes a technical contribution. The classification of digital images, videos, audio or speech signals based on low-level features (e.g. edges or pixel attributes for images) are further typical technical applications of classification algorithms.”


That's just a bunch of algorithms; I should know, having developed some a decade and a half ago. But the EPO isn't too concerned about facts. All it cares about is money and if the law stands in the way, then it will construct some phony justification for ignoring or working around the law. The mistreatment of EPO staff proves to be a consistent pattern at the EPO. Lawlessness is now 'normal'.

Recent Techrights' Posts

Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt
 
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
In Praise of Debian
30 hours ago we began an upgrade
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Google News Sloppy Again
Today was disappointing
European Patent Office Management Mocked for Trying to 'Bribe' Staff With a Little Food
The Office is having a crisis; a little breakfast treat won't solve it
SLAPP Censorship - Part 62 Out of 200: Garrett and Graveley Issue Astounding Copy-Paste Masterpiece Asserting Publicly-Accessible Embarrassing Facts Must Remain Hidden
Are Garrett and Graveley twins separated at birth but joined by GNOME and Microsoft?
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
If We Move Everything to Devuan...
IRC, Git, Apache and so on
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day