02.12.19

Gemini version available ♊︎

European Patent Office’s Exploitation of the ‘AI’ Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

Posted in Europe, Patents at 12:58 am by Dr. Roy Schestowitz

The next wave: EPO “paper on examination of CII and AI inventions”

EPO on CII

EPO on CII

Summary: In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) nowadays exploit the “AI” hype wave (it seems as though the EPO started it). More recently UN/WIPO joined ‘the club’. I’ve been programming so-called ‘AI’ since I was a teenager; I put AI in scare quotes because it’s a catchphrase, an abstraction. Many things can (and do) get called “AI” even if they involve a little bit of statistics and mostly boil down to “if” and “else” statements (decisions made based on atomic criteria). It’s about classification somewhere in the code and it is always about algorithms. The EPO hopes to work around the EPC and the USPTO tries to circumvent 35 U.S.C. § 101/Alice (SCOTUS).

“Many things can (and do) get called “AI” even if they involve a little bit of statistics and mostly boil down to “if” and “else” statements (decisions made based on atomic criteria).”We have written a great deal about this subject already; it goes years back and it started under Battistelli, whose friends at Managing IP have just published this piece, “AI and patents,” (part of a series) in which they promote “AI” as means for generating patent applications while at the same time promoting patents on the underlying methods. “Patent Strategy’s landmark survey of more than 60 in-house lawyers shows that most businesses believe artificial intelligence will be used for invention discovery,” they wrote yesterday, “but that patenting those products and processes could be difficult” (but possible).

What this whole “poll” boils down to is lobbying, the business model of the site (just check who the funding sources/persons are, not to mention the target audience).

It’s no secret that courts would likely reject all these ‘AI’ patents; these simply correspond to something very abstract. There’s also plenty of prior art, sans the buzzwords.

“It’s no secret that courts would likely reject all these ‘AI’ patents; these simply correspond to something very abstract.”Kritika Bharadwaj, James Donoian, and Susan Goldsmith of McCarter & English, LLP say this week (also yesterday) that “[t]he UK’s participation in the unitary patent system and Unified Patent Court are, however, open questions.” No, you cannot participate in something that does not exist.

Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms.

“Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms.”Law firms in Europe are eager to pursue (for clients) all sorts of bogus patents in violation of the EPC — a subject we’ll expand on in our next post because it’s part of a disturbing pattern. As we pointed out some days ago, the EPO is now hooking up with patent extremists to promote software patents in Europe, this time under the guise of “AI inventions” (the EPO likes to say “AIPatents). In fact, retweeted by the EPO on Monday (they wrote almost nothing else) was this tweet that says: “@4ipcouncil and @EPOorg publish paper on examination of CII and AI inventions: #epo #artificialintelligence #ai #cii – http://bit.ly/2E0JOK9″

They even admit it themselves: “AI” is just “CII” (i.e. software patents). The EPO is actively collaborating/participating in this. While tweets may not necessity be endorsements, the EPO is officially involved here.

“It’s an exercise in rebranding.”Found via this tweet was also this new post from Microsoft’s LinkedIn. It speaks of Microsoft’s “AI” patents and says “Luxembourg as a country is an interesting case for patent filings. The small country managed to work its way into the top 25 jurisdictions for AI filings. Most of the filings come from American, German, Japanese and French patent ownership.”

This whole post is about buzzwords like “IP” and “AI” (the title is “Quick IP Data Insight: Luxembourg AI, Powered by NVIDIA.”) and it’s about the most infamous tax evasion apparatus (e.g. by patent accounting tricks). This one is in Europe and again it’s piggybacking the “AI” buzzword, which basically corresponds to software patents. As we recently noted, various law firms with their ‘studies’ nowadays try to pass off old patents as “AI”, in order to pretend there’s some sort of astronomical growth in such patents. It’s an exercise in rebranding.

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. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  2. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  3. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  4. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  5. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  6. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  7. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  8. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  9. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  10. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  11. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  12. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  13. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  14. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  15. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  16. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  17. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  18. Links 22/10/2021: Global Encryption Day

    Links for the day



  19. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  20. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  21. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  22. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  23. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  24. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  25. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  26. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  27. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  28. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  29. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  30. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…


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