EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.10.18

Latest Loophole: To Get Software Patents From the EPO One Can Just Claim That They’re ‘on a Car’

Posted in Deception, Europe, Patents at 6:05 pm by Dr. Roy Schestowitz

EPO is riding (or driving) hype waves again

A muscle car

Summary: The EPO has a new ‘study’ (accompanied by an extensive media/PR campaign) that paints software as “SDV” if it runs on a car, celebrating growth of such software patents

THE age of ‘computerised’ cars is here. What does that mean? Usually general-purpose computers inside cars, that’s all. Innovative? Maybe. Exciting? Arguably. A novel/new concept? Not quite. Some computers are there just for entertainment (like in commercial aircrafts/airliners), whereas others connect to various mechanisms inside the car, e.g. brakes, throttling, steering, electric system, seats/belts and physical locking (windows, doors). None of that is particularly complicated except the steering as that relies on sound input and computer vision; both of those are reducible to software. Sensory components are general-purpose sensors. We wrote about them before, e.g. US patent number 10,000,000.

Take for example these new (days-old) reports about Tesla [1, 2]. The latter of these says: “A recently published patent has revealed that Tesla is exploring the idea of a user interface allowing drivers to launch and display up to four apps simultaneously in a four-way split screen arrangement. What’s more, Tesla also seems to be preparing a setting that will enable users to customize the arrangement of icons in their vehicles’ main taskbar.”

That’s just a classic software patent, likely invalid as per/in lieu with 35 U.S.C. § 101 (Section 101) at the U.S. Patent and Trademark Office (USPTO). So why was it granted? We know that Tesla pledged not to sue with its patents, but how is this considered innovative and patent-eligible? It’s neither. There’s also prior art in other contexts/domains.

Unfortunately, things like the above are becoming normal and more fake patents (or software patents) are being granted to entities in the capital of patent trolls. Several days ago Dallas Business Journal showed ‘news’ ‘coverage’ being reduced to spammy advertising of malicious patent bullies and a site called Dallas Invents (or Innovates) revealed new patents, including one of Toyota whose summary/abstract says: “An adaptive vehicle control system that includes processors, memory modules communicatively coupled to the processors, and machine readable instructions stored in the one or more memory modules that cause the adaptive vehicle control system to determine an autonomous operation profile of a target vehicle positioned in a vehicle operating environment, wherein the vehicle operating environment includes a roadway having one or more lanes, determine an autonomous operation profile of one of more neighboring vehicles positioned within the vehicle operating environment, compare the autonomous operation profile of at least one of the one or more neighboring vehicles with the autonomous operation profile of the target vehicle, and alter a condition of the target vehicle such that the autonomous operation profile of the target vehicle matches an autonomous operation profile of an individual neighboring vehicle of the one or more neighboring vehicles positioned in the same lane as the target vehicle.”

This boils down to algorithms. It’s very easy to see this. But because cars are a physical thing we assume that examiners can somehow convince themselves that it’s not abstract.

To make matters worse, the EPO under the leadership of António Campinos constantly promotes software patents in Europe and the latest stunt is pretending these patents have something to do with “cars”. They started a whole new PR campaign (the EPO keeps coming up with new three-letter acronyms by which to promote software patents), so the media plays along, e.g. German media (RTL), east European media [1, 2], and British media (examples to follow below). There’s even Les Échos coverage, not noting that it’s actually a paid propaganda apparatus which Battistelli notoriously used to mislead the public. Here’s a new article about “automotive software” that mentions patents. A Web site of a law firm, Out-Law.com, also helped the EPO some days ago when it wrote: “Technology and telecoms companies dominate the list of companies that have filed the most applications for European patents relating to driverless cars, according to data compiled by the European Patent Office (EPO).”

They use the acronym SDV to make it sound catchy. The distribution of such patents is the same as for other areas: “Europe, the US, Japan, South Korea and China are the five most popular jurisdictions for applying for driverless car patents, according to the EPO.”

So how’s that even unique? It’s not. On Friday the EPO wrote: “We had a look at the trends in European #patent applications for one of today’s emerging technologies: self-driving vehicles. Read our findings here: http://bit.ly/SDVstudy #FutureOfCars #SelfDriving pic.twitter.com/oLYhJL0YI9″

They do exactly what Battistelli did; they commission their own ‘study’ to advance some questionable agenda. IPPro Patents wrote that the EPO “conducted [this 'study'] in cooperation with the European Council for Automotive research and development (EUCAR)…”

No vested interests there? These are mostly software patents (e.g. computer vision, my research domain in which I developed car navigation software) referred to by another name; the EPO should be shamed of itself. We should note that about half of all EPO tweets on Thursday (about a dozen in total) promoted software patents. They also retweeted this thing about patents on “cars” (actually software, albeit used somewhere inside a car) and retweeted this blog post’s tweet that said: “@EPOorg has just published a report on “Patenting and Self-Driving Vehicles”. This is one of the fastest growing technologies for patent applications. The report analyses and categorizes the patent data and considers some of the uses for those technologies https://nipclaw.blogspot.com/2018/11/patents-and-self-driving-vehicles.html …”

Notice how none of them bothered checking the underlying patents, except naively assuming that they’re something to do with “a car”; never mind if those mostly come down to algorithms that aren’t patent-eligible as per the EPC.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  2. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  3. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  4. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  5. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  6. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  7. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  8. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  9. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  10. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    Links for the day



  11. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



  12. Links 23/10/2020: 'Groovy Gorilla' Everywhere in the News

    Links for the day



  13. For Better 'Tech Rights' in the United States (and the World at Large) the 'Orange Man' Needs to Go

    With less than a fortnight before election day we explain our stance from a purely tech-related rationale



  14. [Meme] Microsoft Never 'Brought' Skype to GNU/Linux (It Just Bought Skype) and It Never 'Brought' Edge to GNU/Linux Either (Google Did)

    Foolish media or gullible 'journalists' are giving Microsoft credit for other people's work; this isn't the first time either, but it helps perpetuate lies such as "Microsoft loves Linux" (so who cares about facts anyway?)



  15. It's Going to be a Long, Long Winter

    Today we revert back to lock-down mode; we're reflecting and pondering what comes next



  16. TechRadar is an Irresponsible Clickbait and Misinformation Site Disguised as 'News'

    TechRadar is no tech and no radar, either. It's just an opportunistic click-harvesting machine, disguised as a source of "news"; today we deal with the latest example (among many).



  17. Links 22/10/2020: LibreOffice 6.4.7, Septor 2020.5, Ubuntu 20.10 Released, FreeBSD Quarterly Status Report

    Links for the day



  18. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020



  19. Living Humbly (With Older Technology or None) is More Compatible With Privacy- and Freedom-Respecting Technological Lifestyle

    Simplicity sometimes trumps so-called 'novelty', especially when it comes to human rights and users' freedom



  20. Reasons Why You (and Everybody Else) Should Join the Fight for Software Freedom

    Society is being closely watched and controlled (more so during/after the latest pandemic) and people must carefully consider the true importance of resisting proprietary technology (controlled remotely by state actors)



  21. Ways and Means to Reduce One's Dependency on Google's Various Monopolies and Near-Monopolies

    Getting rid of Google means a lot more than embracing DumbDumbGo (DDG) or some other sites that spy just like Google; we're taking stock of some options



  22. The European Commission is Still M.I.A. Regarding EPO Corruption (and the EPO's Management Plays Dirty, as Always)

    There's no change in the EU; the EUIPO and EPO enjoy complete and total immunity/impunity, with the Commission being manned by those who are deeply complicit



  23. 10 Reasons Why All This 'Edge for Linux' Coverage is a Total Farce

    The fake hype surrounding "Edge" is an inauthentic hype/buzz campaign made to coincide with anti-Google sentiments spread by Microsoft front/pressure groups



  24. Microsoft's IIS Has Collapsed Again This Past Month (and IIS Will Not and Cannot Survive This Way)

    Netcraft shows that Microsoft's decline further accelerates in the Web servers space; IIS is becoming financially unviable



  25. Links 21/10/2020: Alpine 3.12.1, Tor Browser 10.0.2

    Links for the day



  26. [Meme] US Department of Justice Should Have Taken on Microsoft Again, Not Google

    When lobbying, connections and political sway determine the actions of the American government it's hardly surprising that Bill Gates gets the Trump administration to fight for him (to make him even richer)



  27. [Meme] Banning Words, Gaslighting Volunteers

    What happens when institutions are themselves in violation of a CoC (institutional violation) and massive corporations that fund such institutional violations are defending demonisation of the individual (squashing ‘uncomfortable’ voices, even volunteers’)



  28. IRC Proceedings: Tuesday, October 20, 2020

    IRC logs for Tuesday, October 20, 2020



  29. Links 21/10/2020: $8000 GNU/Linux Desktop, Tails 4.12, Open Infrastructure Foundation and Firefox Release

    Links for the day



  30. Never Feed the Internet Trolls, No Matter How Tempting It Becomes

    The tactics for removing critics of abuse (by framing them as "abusive") have evolved a lot in recent years; the best course of action is to never entertain provocateurs in any way whatsoever (just ignore them, give them no attention which they crave and feed on)


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