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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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 22/9/2019: LLVM 9.0.0 and FreeBSD 12.1 Beta

    Links for the day



  2. Links 21/9/2019: Plasma 5.17 Beta in Kubuntu, Cockpit 203

    Links for the day



  3. IBM Cannot Become a True Friend of Free Software Because of Its Current Patent Policy

    IBM needs to quit bullying people/companies with software patents; that would help towards appeasement of IBM critics and sceptics



  4. When Patent 'Professionals' Sound Like Children Who Learned to Parrot Some Intentionally-Misleading Buzzwords, Myths and Lies

    With buzzwords like "AI" and misleading terms like "IP" the litigation zealots are trying to convince themselves (and the public) that software is a physical thing and a "property" which needs "protecting" from "theft"; it doesn't seem to bother these people that copyright law already covers software<



  5. The European Parliament Needs to Become More Outspoken About EPO Abuses

    There are few encouraging signs in Europe right now because the EPO's disregard for patent law (striving to just grant as many patents as possible) earned it much-needed backlash from the European Parliament



  6. Links 19/9/2019: German Federal Ministry of the Interior Wants FOSS, Top Snaps Named

    Links for the day



  7. Buying the Voices of 'Linux' People to Repeat Microsoft's Talking Points While Removing Our Icons and Leaders (Calling Them Sexist)

    The dirty games leveraged by several companies including Microsoft target charismatic people who are essential for morale and leadership; these tactics aren't particularly novel



  8. When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

    The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels



  9. Links 19/9/2019: Samba 4.11.0 and Kubernetes 1.16

    Links for the day



  10. Update on Koch v EPO: Internal Appeals Committee (IAC) Composition Still Likely Illegal

    An important EPO case, concerning a dismissed staff representative, shows what ILO-AT and the EPO's Internal Appeals Committee boil down to



  11. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  12. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  13. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  14. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  15. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  16. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  17. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  18. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  19. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  20. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  21. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  22. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  23. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  24. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  25. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  26. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  27. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  28. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  29. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  30. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect


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