12.09.18

Gemini version available ♊︎

The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

Posted in America, Europe, Free/Libre Software, Law, Patents at 9:15 am by Dr. Roy Schestowitz

Even several times per day, as shameful as it may seem

EUIPO outsourcing

Summary: The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks

DISREGARD for the rule of law is pretty normal at the EPO. There are endless examples of it and a broad range of aspects to it. We spent years covering that. Today, however, we would like to focus on how the EPO (as well as the USPTO) gets to grant software patents, never mind if courts dismiss these.

Mostly illegal software patents that pertain to my research field (computer vision) are being openly promoted and bragged about by today's EPO. This did not happen under Battistelli; this is a Campinos thing. We cannot stress often enough that as far as software patenting is concerned Campinos seems a lot worse than Battistelli; judging by how often the EPO promotes such patents under the leadership of Campinos (as opposed to Battistelli’s). It is a race to the bottom. Just before the weekend the EPO wrote: “The number of European patent applications relating to self-driving vehicles increased by 330% between 2011 and 2017.”

A few days ago a news report was published under the headline “GM Patents the Blockchain Solution for Driverless Cars”.

“We cannot stress often enough that as far as software patenting is concerned Campinos seems a lot worse than Battistelli; judging by how often the EPO promotes such patents under the leadership of Campinos (as opposed to Battistelli’s).”Combining two buzz/hype waves, blockchains and SDV (the EPO’s buzzword/term of choice), these people nowadays facilitate and permit patents on software. Software patents are bogus however. They’re likely worthless too as most judges would laugh them out of court (if it ever gets this far).

And speaking of blockchains, which the EPO promotes patents on (misleadingly-named event, which is actually about patents but doesn’t explicitly say so), mind this new article from Swiss media (in French). The headline speaks of blockchains and “open source”; a French-speaking Free software (“open source”) developer just said: “Software patents, the end of free software…”

By granting patents on blockchains the EPO blatantly tramples/stomps on Free/Open Source software, which is fundamental to the adoption of blockchains.

We understand that the Campinos-led EPO saw a hype wave and decided to ride/surf it, but at what cost? The concept of blockchains is being brought up even by those who don’t understand it; several days ago Forbes published “Blockchain For Business: This Startup Thinks It Solves All Of Blockchain’s Worst Problems” (marketing disguised as an article).

This is eerily similar to the “AI” hype, which resurfaced about a year ago. Everyone started rebranding things “AI”, years after they had rebranded everything “smart” and “cloud” or whatever (more buzzwords to be mentioned below).

“By granting patents on blockchains the EPO blatantly tramples/stomps on Free/Open Source software, which is fundamental to the adoption of blockchains.”Even the lawyers admit it’s just hype/buzz. This new article from a law firm starts with this sentence : “Artificial Intelligence (AI) is a loaded technology buzzword that comes in different forms in various commercial products.”

Yes, it’s a buzzword. So far this month we’ve seen an “Artificial Intelligence Trading Expert” [1, 2] (just using algorithms; nothing new) and this article titled “‘Buzz about AI’ lends to Linguamatics win”. Calling mere algorithms “AI” is now as commonplace as can be. Here is an example from a few days ago: “Artificial intelligence technology has helped build software that can analyze videos for better capturing of events, understanding patterns and surveillance.”

“Everyone started rebranding things “AI”, years after they had rebranded everything “smart” and “cloud” or whatever…”All of these examples (above) mention patents and “AI”. Everything is being called “AI” these days… for marketing purposes. “iCAD Announces FDA Clearance of ProFound AI™ for Digital Breast Tomosynthesis,” says this new press release. Here comes the Allied Security Trust (AST) and the “AI” hype; lots of bogus patents as usual. But… “AI”! So it’s innovative!

Software potentially puts the patent ‘industry’ in the ashtray; so they call software “AI” now, as usual (because they’re technically inapt). “Wave Computing®,” states another new example, “the Silicon Valley company that is accelerating artificial intelligence (AI) from the cloud to the edge…”

All the above are from the past fortnight alone; “AI” and “patents” everywhere. It is intentional. As we recently noted on numerous occasions, even the USPTO has swallowed the “AI” hype and offers it as a route towards software patentability. An article by Sameer Gokhale (Oblon, McClelland, Maier & Neustadt, LLP) makes it very obvious. They’re pretty shameless about it.

“As we recently noted on numerous occasions, even the USPTO has swallowed the “AI” hype and offers it as a route towards software patentability.”How about “Smart” and “IoT”? These are two more buzzwords recently embraced everywhere (globally even).

“Smart devices in IoT need a smarter patenting strategy,” IAM’s new headline says. Just keep stuffing buzzwords like “smart” and “IoT” in hope of enabling software patents, right?

“This article provides a comprehensive report on the challenges faced in patenting technology in the Internet of Things domain,” it says. It’s a domain that just means devices with an Internet connection. It’s far too vague, intentionally so.

We are meanwhile seeing European law firms trying hard to find all sorts of ways to patent software. Philip M. Nelson and Ronald J. Schoenbaum (Knobbe Martens), for example, have published [1, 2] “Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process?”

“We are meanwhile seeing European law firms trying hard to find all sorts of ways to patent software.”Here they go again with “Medical Device”, two cheeky terms combined to associate software with “life-saving” and “physical” (even when it boils down only to code).
Marks & Clerk’s Thomas Prock has just published “A feather in one’s app: why the UK could lead the way for medical app patents” (similar talking point). It adds the buzzword “app”…

Suyoung Jang, Cheryl T. Burgess and Mauricio Uribe (also of Knobbe Martens) are still pushing anti-Section 101 lies. It’s that classic software patents propaganda, spread at all costs (even to multiple publishers that charge for it; it’s cross-posted [1, 2] again). They’re using the fata morgana that is "Berkheimer and Aatrix"; the latter became known for little more than that patent lawsuit (Aatrix is mostly/only mentioned in relation to patents, even when it’s not about patents) and the former became a placeholder for “I don’t like Alice and Alice sucks because fact-finding.”

“Today’s EPO is rotting with corruption and fake patents (that bear no presumption of validity).”António Campinos may not say much on the subject, but his actions in a leadership position are revealing. The EPO’s Twitter account has just quoted Campinos as saying: “In my time at the EPO I’ve been able to rely on the expertise, dedication and commitment of an experienced staff to help in the transition process…”

What transition? Some staff calls him “mini Battistelli” and some claim that he’s even worse than Battistelli; it’s clear that nothing is changing, except for the worse. Today’s EPO is rotting with corruption and fake patents (that bear no presumption of validity). Staff cuts are implemented (he did the same in another agency) by means of limited (with time limits) contracts, longterm hiring freeze and encouragement of early departure/retirement.

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. Microsoft GitHub Exposé — Part XXI — Rumours About How Microsoft Plans to Actually Make Money (Not Losses) From GitHub

    GitHub is not 'free hosting' but a ticking time bomb, a proprietary platform looking to entrap its users (serfs) inside yet more proprietary platforms (for Microsoft to become their oppressive master)



  2. Links 28/05/2022: KDE Weekly Summary, RZBoard V2L

    Links for the day



  3. [Meme] Fluffy Staff

    EPO President António Campinos is failing to ‘contain’ the media after less than 4 years at the Office, just like Benoît Battistelli around 2014



  4. Kluwer Patent Blog Belatedly Gives EPO Staff a Voice

    There are at least 2 bloggers — if not 3 people — at Kluwer Patent Blog who air grievances of EPO staff; in addition, many of the comments there blast EPO management and Team UPC and it helps change the perceptions long shaped by bribes and blackmail from EPO management



  5. [Meme] Fluffy President

    Prepare for more puff pieces and fluff from President Fluffinos, who has commandeered the EPO‘s official Web site for self-serving whitewash and promotion of illegal agenda like European software patents and a kangaroo court to approve those (UPC)



  6. Blaming Patent Examiners Who Respect the Law

    The latest comments here are quite revealing; the EPO not only breaks the law with impunity but it also challenges the very legal system (like courts) with total impunity; Benoît Battistelli and António Campinos are, in that regard, no better than Putin, just more temperamental



  7. Our Priorities and Our Future: More Gemini and More Daily Links (a Lot More Frequently)

    An informal and unscripted video that explains where we are and where we’re going



  8. IRC Proceedings: Friday, May 27, 2022

    IRC logs for Friday, May 27, 2022



  9. Links 28/05/2022: Twitter Fined for Spying in '2FA' Clothing

    Links for the day



  10. Links 27/05/2022: Trisquel 10.0.1 LTS and Perl Appreciation

    Links for the day



  11. Links 27/05/2022: Fwupd 1.8.1 and GCC 9.5

    Links for the day



  12. Visual Proof That Twitter Very Likely Faked Its Magnitude the Moment Musk et al (KSA, Ellison and so on) Wanted to Buy

    There's a very compelling case for the allegation that Twitter is defrauding shareholders and participants in the platform; Twitter is a lot smaller than it used to be (fewer people are actively involved), it is losing money, and it is so desperate to be acquired that it's shamelessly faking traffic



  13. Links 27/05/2022: Wayland 1.21 Alpha, KDE Adds Flatpak and Snap Permissions to Discover

    Links for the day



  14. IRC Proceedings: Thursday, May 26, 2022

    IRC logs for Thursday, May 26, 2022



  15. Links 27/05/2022: Many More Microsoft Security Failures (and Spin/Lies)

    Links for the day



  16. Links 26/05/2022: KStars 3.5.9 and Chrome 103 Beta

    Links for the day



  17. Links 26/05/2022: AlmaLinux OS 9.0, MooseX::Extended for Perl Introduced

    Links for the day



  18. Links 26/05/2022: Kernel Events and Systemd-Free GNU/Linux Distributions

    Links for the day



  19. Links 26/05/2022: DuckDuckGo Increasingly Exposed as Microsoft Proxy

    Links for the day



  20. EPO Celebrates Software Patents Again, Dubbing Them 'Hey Hi' (AI) and '4IR'

    The ludicrous state of the EPO is demonstrated by yesterday’s puff piece about “four million” (merely requests for monopoly in Europe; most come from outside Europe) and L’Oréal, which claims to have “invented” something that was already done in the 1990s if not the 1980s



  21. [Meme] EPO's Monkey Business: Lowering the Patent Examination Bar

    As we shall show in a moment, EPO President António Campinos has lowered the quality of patents and applications; sooner or later he might outsource the job to ‘livestock’



  22. IRC Proceedings: Wednesday, May 25, 2022

    IRC logs for Wednesday, May 25, 2022



  23. Heads of Patent Offices Are Immune to Coronavirus

    The overconfident chiefs of the U.S. Patent and Trademark Office (USPTO) and EPO might love speaking about COVID-19 (in relation to patents), but they do not take it seriously themselves



  24. Links 26/05/2022: Plex Finally on GNU/Linux

    Links for the day



  25. The General Consultative Committee of the EPO Exposes a Disaster and a Lack of Genuine Dialogue

    The General Consultative Committee (GCC) at the EPO deals with unlawful proposals from António Campinos (he’s happy to violate laws, constitutions, protocols, conventions, just like Benoît Battistelli did) and once again the abuses by managers is covered up; it’s as if the Office is run by unaccountable gangsters who arrogantly curse at everyone whilst insisting they’re the nicest people ever



  26. The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

    A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crisis; there's no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack



  27. [Meme] The Recordings Must Have Accidentally Been Lost While Breaking the Rules

    The EPO‘s “nicest” chief, Monopoly Tony, won’t even mention the recordings…



  28. Links 25/05/2022: ‘V Rising’ on GNU/Linux and Pearl Linux OS 11

    Links for the day



  29. Links 25/05/2022: Librem Tries Another Approach

    Links for the day



  30. IRC Proceedings: Tuesday, May 24, 2022

    IRC logs for Tuesday, May 24, 2022


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