Bonum Certa Men Certa

Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

Related: Michael Frakes and Melissa Wasserman Complain About Low Patent Quality While Watchtroll Lobbies to Lower It Further

Trump and Iancu



Summary: The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)

THE emergence of SCOTUS's decision on Alice and today's 35 U.S.C. €§ 101 was quite revolutionary. We have no issue with USPTO-granted patents on physical things (an example from several hours ago can be seen here) but on algorithms -- something which the European Patent Office (EPO) too has been guilty of lately.



"Examiners need to better understand and respect patent scope, irrespective of what was done in the past (prior art)."Recently there were those who framed prior art [1, 2] -- not patent scope -- as a core issue. Not even Watchtroll was happy about it (labeling it "An Overstated Solution to Patent Examination"). Examiners need to better understand and respect patent scope, irrespective of what was done in the past (prior art). Compare this to prior Watchtroll rants/coverage about prior art (like this from 2 days earlier).

We don't mean to say that prior art never matters; alluding to this failing company (GoPro), for instance, Patently-O recently highlighted this case where prior art eliminated wrongly- and already-granted US patents, thanks to PTAB’s availability/existence. To quote:

On appeal, the Federal Circuit disagreed with the PTAB’s conclusions — holding that the Board too narrowly “focused on only one of several factors that are relevant to determining public accessibility in the context of materials distributed at conferences or meetings. . . . [O]ur case law directs us to also consider the nature of the conference or meeting; whether there are restrictions on public disclosure of the information; expectations of confidentiality; and expectations of sharing the information.”

After reviewing the matter Federal Circuit rejected the PTAB analysis and found that the catalog’s use at the show counted as prior art.


"My win in the GoPro v. Contour IP case is the subject of Dennis Crouch's Patently-O post," Professor Lemley wrote in Twitter (about the above). It is worth noting that Watchtroll is proudly promoting Iancu's war on PTAB. Like Battistelli, Iancu hopes that the patent legitimacy problem will go away by marginalising the auditor.

"Search has always involved a degree of so-called 'AI' without it being exploited as a buzzword; this is becoming ridiculous."Speaking of prior art, there's no way to automate search for it as well as assessment. Domain experts are needed, hence the role of examiners. Days ago we saw the report "North Side company secures $250K to help develop AI-powered patent search tool"; They said "AI", so someone gave them money for something that would work poorly (if at all). IPPro Patents coverage of Dennemeyer buying Octimine also used the term "AI" in the headline. Search has always involved a degree of so-called 'AI' without it being exploited as a buzzword; this is becoming ridiculous. To quote:

The Dennemeyer Group has acquired patent search service provider Octimine Technologies, a start-up based in Munich, Germany.

Octimine, which was founded in 2015 founded by former LMU Munich and Max Planck Institute scientists Michael Natterer, Matthias Pötzl and Dietmar Harhoff, provides patent-searching and analysis tools utilising artificial intelligence (AI).


Judging by the everyday nonsense we see as early as this morning, there's "AI" nonsense everywhere. The latest fashion/trend? Marketing? António Campinos uses it all the time to promote software patents in Europe.

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding