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

11.28.18

Clouding Abstract Software Patents Using Acronyms and Buzzwords

Posted in America, Europe, Patents at 12:41 am by Dr. Roy Schestowitz

Summary: The practice of obscuring software patents using fashionable trends from the media carries on in Europe and the United States; the main question is, will judges and examiners see past this fog?

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have got some overlap in the fashion in which they bypass the EPC and the SCOTUS Alice decision or 35 U.S.C. § 101, respectively. The common denominator is marketing, buzzwords, and hype.

Recently we have been writing a great deal about how the EPO grants software patents in Europe in spite of the rules. Not only do courts say “no” to such patents; they’re in violation of the EPC and management of the EPO should thus be reprimanded.

“The common denominator is marketing, buzzwords, and hype.”A new EPO tweet said: “Today is the last day you can register for our Patenting #Blockchain event in The Hague.”

Those are just algorithms. Over in the US, the Patent Trial and Appeal Board (PTAB) keeps demolishing such patents, sometimes when they’re still mere applications. Exceptions to the rule are rare and Janal Kalis keeps looking for them; he has just found this one: “The PTAB Reversed an Examiner’s 101 Rejection of Claims for Video Content Networks: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017007967-10-31-2018-1 …”

“Over in the US, the Patent Trial and Appeal Board (PTAB) keeps demolishing such patents, sometimes when they’re still mere applications.”Also this one: “The PTAB Partially Reversed a 101 Rejection of Claims in a GE Patent Application for Monitoring Turbine Clearance: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2018002958-10-31-2018-1 …”

One can assume that in all other cases PTAB rejected a decision to grant or affirmed a rejection after an examiner had decided on the matter. Kalis, being a vocal patent maximalist, is looking for exceptions like the above.

How about the following tweet? “Not Surprisingly,” it said, “there are more and more #patents filed around #AI. The numbers are even larger than those in this Wired article: Companies Rush to Patent AI Tech https://www.wired.com/story/despite-pledging-openness-companies-rush-to-patent-ai-tech/ …”

That’s just because more people now label their stuff, especially in the context of patents — in order to bypass Section 101 — “AI”. It’s the same for “smart”, “cloud” and other fluff du jour

“…more people now label their stuff, especially in the context of patents — in order to bypass Section 101 — “AI”.”And speaking of “AI”, here is what the EPO has just advertised. It’s an event that promotes illicit software patents (just calling them “AI”) and it says: “Panellists at the EPO’s Patenting #ArtificialIntelligence conference identified three types of AI patenting. More on what they said here: http://bit.ly/AIpatents pic.twitter.com/1HbniC3Td1″

On the “AI” hype Benjamin Henrion (FFII) wrote: “That means they can pay for lobbyists and lawyers to push lawmakers or courts to support their favored approach – which seems to be making all kinds of AI techniques broadly patentable.”

It should be noted that patents on software are generally rejected almost worldwide; such patents are de facto dead everywhere but China, where even courts would likely accept these. Chinese patent law is different. As PCK Perry + Currier Inc Currier + Kao LLP put it earlier this week, in Canada a new “case serves as a reminder for patentees that abstract ideas are not patentable.” Just like in the US down south…

“It should be noted that patents on software are generally rejected almost worldwide; such patents are de facto dead everywhere but China, where even courts would likely accept these.”Michael Borella, also writing earlier this week, was promoting patents on software again. “For the majority of the existence of computers,” he wrote, “programmers wrote functions that were designed to take some input and produce a desired output. Machine learning inverts this paradigm.”

This is not true. They train classifiers, don’t write code. There’s code, written by humans, that uses data to make decisions. When people with no clue or experience in programming (let alone particular disciplines or areas of software development) write about software patents it’s bound to get embarrassing, misleading, i.e. pure propaganda. Such patents are abstract and are thus to be invalidated by courts, no matter what you call them (ML boils down to statistics/mathematics).

“Well, “ICT” is another one of those buzzwords that typically allude to software.”Of course we could go on and on with other new acronyms and buzzwords; the EPO recently made up or brought up “SDV”. Yes, then there are all those abstract patents or bogus software patents "on a car". The EPO wrote: “At the EPO, about half of the top 25 patent applicants for self-driving vehicle innovation operate in ICT, and the other half in transportation or related industries.”

Well, “ICT” is another one of those buzzwords that typically allude to software.

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 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day



  2. The Downfall of Free Software Leaders (and Their Projects or Missions)

    "Cancel George Orwell, and happy hacking."



  3. IRC Proceedings: Sunday, October 25, 2020

    IRC logs for Sunday, October 25, 2020



  4. Links 25/10/2020: Kodi 18.9, ScummVM Android Love, Cutelyst 2.13

    Links for the day



  5. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  6. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."



  7. 'President Bill Gates' Wants to Punish Not Only Google After Using “Extensions” to the Web to Reinforce Microsoft's Monopoly (Antitrust Violations Are a Microsoft Thing)

    In gross distortion of facts and of history and in a rather incredible fashion (very shameless and insulting) the corporate media tries to paint Bill Gates as an antitrust hero that will save the world from monopolies



  8. Donald Trump Helped Bill Gates Increase His Wealth by More Than 50%, Especially During the Pandemic

    Contrary to ridiculous narratives disseminated by nutty accounts all around the Web, Gates and Trump are no foes but 'partners in crime'



  9. Our 14th Birthday is Coming

    We're turning 14 shortly and we need ideas from readers (things that can be done to mark the event and celebrate 'on-line')



  10. In Spite of IBM's Difficult Past and Particularly Dark History, Under Arvind Krishna’s Leadership It Has Only Shown Signs of Improving

    This winter, 6 months after Arvind Krishna’s tenure as CEO began, we can generally say that things seem to have improved and we look forward to further improvements



  11. Links 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  12. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



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

    Links for the day



  14. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  15. 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



  16. 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



  17. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  18. Look How Many Tux I Give!

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



  19. 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)



  20. [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)



  21. 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



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

    Links for the day



  23. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



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

    Links for the day



  25. 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



  26. [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?)



  27. 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



  28. 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).



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

    Links for the day



  30. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020


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