11.10.18

Gemini version available ♊︎

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

Posted in Europe, Patents at 7:34 pm by Dr. Roy Schestowitz

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’.

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. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  2. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  3. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  4. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  5. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  6. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  7. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  8. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  9. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  10. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  11. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  12. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  13. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  14. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  15. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  16. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  17. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  18. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  19. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  20. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  21. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  22. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  23. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  24. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  25. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  26. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  27. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  28. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  29. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  30. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021


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