Bonum Certa Men Certa

The Staff Union of the European Patent Office (SUEPO) Warns About the Granting of Tens of Thousands of Invalid European Patents Every Year

Even the examiners admit this

EPO delivery
Campinos Presidency, 9 months and no delivery. Published Tuesday by SUEPO, the staff union of the European Patent Office (EPO).



Summary: Patent maximalists who measure "success" in terms of the number of granted patents while diminishing patent scope/restrictions have turned what once was a source of pride for examiners into a rubber-stamping operation

WE HAVE SEEN the effect of it at the U.S. Patent and Trademark Office (USPTO); decades of bad patent grants (e.g. software patents that had been granted) were dropping like flies at the Federal Circuit and Patent Trial and Appeal Board (PTAB) (through inter partes reviews (IPRs), i.e. without even a lawsuit necessarily being filed). It's not just 35 U.S.C. €§ 101 but also €§ 102 and €§ 103 that came into play (we have seen some new examples this morning, but we don't wish to delve into finer details this year).



"We wish to gently remind all kind examiners around the world that buzzwords do not magically render algorithms patent-eligible."The same thing is nowadays happening at the EPO, as António Campinos keeps promoting software patents in Europe (under the guise of "AI" and similar buzzwords). What gives? Where does it end?

Having posted it in Watchtroll first (we mentioned it in passing earlier this week), this law firm from the US is now promoting software patents disguised as "AI", alluding to "EPO And USPTO Guidance" (loopholes):

"The extra attention that the EPO and USPTO are paying toward AI and ML will likely help swing the pendulum of patentable subject matter toward a place that is in harmony with the current state of technology."

It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry side, there is also a rapidly growing number of patent applications being filed.

In view of this, the European Patent Office (EPO) issued new guidance for examination for AI and ML patent applications in November 2018. Meanwhile, in January 2019, the U.S. Patent and Trademark Office (USPTO) also issued revised guidance directed to what constitutes patent eligible subject matter under 35 U.S.C. €§101. Although the USPTO's revised guidance is more generally directed to software applications, at least one of the accompanying hypothetical examples (Example 39) is directed to the AI and ML space.


Those are, admittedly (even the patent maximalists admit this), software patents. It's all about algorithms. Those are the patents which trolls love the most, for various tactical reasons. Most lawsuits in the US still come from patent trolls that develop nothing at all and never did anything at all (maybe bought a bunch of patents in an auction). Some days 90% and above (or 100%) of US patent lawsuits come from these trolls and earlier this week it was 'merely' a majority.

We wish to gently remind all kind examiners around the world that buzzwords do not magically render algorithms patent-eligible. Nowadays everything is "AI", "cloud", and "smart" if there's some code, a server, and an Internet connection (respectively). Recently, WIPO has been repeatedly misusing the "AI" hype to promote illegal software patents. It even issued a report to that effect. Another thing that the EPO and WIPO have in common is this bunch of self-serving 'studies' (WIPO does a lot of what the EPO does to staff). This morning we saw WIPO misusing the "AI" buzzword (or phrase or acronym) to describe algorithms for imprints or signatures of images (these would not work for large, vast datasets, but it's buzzwords that count). A new article by J A Kemp also speaks of new collaboration between the EPO and WIPO. Both are promoting the lie that success can be measured by the overall number of patents (an infamous fallacy) and to quote:

As reported previously here, the EPO has been participating in WIPO's Digital Access Service (DAS) for the exchange of certified copies of priority documents since 1 November 2018. DAS allows for certified copies of priority documents to be exchanged electronically between the various participating patent offices, a complete list of which can be found here.

The EPO's initial implementation of DAS did not extend to international (PCT) applications filed at the EPO as receiving office. However, the EPO recently announced here that from 1 April 2019 it would be extending its participation in DAS to such international (PCT) applications.

This development means that when an international (PCT) application is filed by online filing with the EPO as receiving office, the EPO (as "office of first filing") will automatically generate a DAS access code in the online filing receipt. Subsequently, the DAS access code can be used when filing a priority-claiming patent application at a DAS-participating patent office (i.e. an "office of second filing"), to allow the patent office in question to obtain a copy of the international (PCT) application from the EPO. Thus, in the rare case where a patent application is filed at an "office of second filing" claiming priority from an international (PCT) application filed at the EPO as "office of first filing", the "office of second filing" can use the DAS code generated by the EPO to access a copy of the priority application from the EPO.


At Vantage Asia, Swati Gupta, who an associate at LexOrbis (big boosters of software patents in India for a number of years), spoke of WIPO in relation to CASE, noting that "[t]he US patent laws require the applicant to furnish known prior art documents during the pendency of a patent application by submitting the information disclosure statement (IDS). However, the European patent Office (EPO) obligates an applicant to disclose the results of official searches and examination reports carried out on priority applications."

If they have time to. Corners have been cut and examiners complain about the system that was abandoned a month ago. It is saddening if not maddening to see what the EPO turned into. The SUEPO document at the top says it all really (many aspects covered).

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025