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

[Meme] The Heart of Staff Rep
Rowan heartily grateful
 
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024