06.22.19

Gemini version available ♊︎

Say ‘Hey Hi’ to Software Patents

Posted in Deception, Europe, Patents at 5:07 am by Dr. Roy Schestowitz

AI hype at EPO

Summary: Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it

SEEING That 35 U.S.C. § 101 is likely secure in the United States (the courts more so than the USPTO), we’ve decided to leave that aside for the most part. Instead we focus on patent policy in Europe, which got a lot worse under Battistelli. Software patents aren’t just promoted “as such”; they’re being blatantly promoted as “4IR”, “AI”, “blockchain” and so on…

Got a buzzword? You name it! The European Patent Office (EPO) will scrape the deep well of cash repository (applicants fees) and pay European media to spread that buzzword in relation to patents. This was done already. We covered that.

“By today’s definition of it, I’ve done “HEY HI” since I was 20, but we never called it that. We called those algorithms all sorts of other things.”One of the most pervasive hype waves at the moment is “AI”, which we call “HEY HI” as means of ridicule. We ridicule the term for the most part; it has become utterly ridiculous and it covers just about everything, in the same way “cloud” and “smart” do. By today’s definition of it, I’ve done “HEY HI” since I was 20, but we never called it that. We called those algorithms all sorts of other things. Terms like “machine vision” or “game theory” are a lot more meaningful and descriptive than “HEY HI”.

Days ago the UK-IPO and EPO were both pushing “HEY HI” agenda in public. It was about patents rather than “HEY HI”. To quote (with buzzword substitution): “Pihlajamaa added that there are three main categories of HEY HI: inventions on HEY HI such as machine learning, inventions which use HEY HI, and inventions created by HEY HI.”

Marvelous, gentlemen! Just marvelous!

Where can I buy some HEY HI?

Show me to your HEY HI leader!

These buzzwords for algorithms would be merely cause for amusement and ridicule if they weren’t actively used to feed patent trolls with software patents. There’s nothing comical about extortion/blackmail leveraging fake patents that are invalid as per the EPC.

Articles like the one cited above show a degree of complicity inside the media; there have been lots of these lately from World Intellectual Property Review (WIPR), as we noted days ago. We saw at least four in the past couple of days alone. All about HEY HI! In relation to patents:

The EPO’s discussions on AI with member states have focused on four aspects: patentability, disclosure, persons skilled in the art, and inventorship.

With respect to disclosure, Pihlajamaa said there is concern over ‘black box’ patenting, with inventions in the AI space not being sufficiently disclosed in patent applications.

Pihlajamaa added: “I have seen a lot of new technologies and often, when we talk about new technology, there is a new language created…a new [set of] terminology. It takes some time before there is a general agreement on how we express these different things.

“But, as I hear from examiner colleagues, we are already there. There’s already a lot of common understanding about how to draft patent applications [in the AI technology area].”

Sir Robin Jacob, the Sir Hugh Laddie chair of IP law at University College London, added that patent law will survive the fourth industrial revolution of AI, just as it has survived the first three.

So law firms and EPO officials just say “HEY HI” again and again. It “provided “very clear” guidance in this respect, particularly for the first of the two-step patentability test for AI applications,” says the next article after that. It’s article #18238 in WIPR, the above is #18237:

According to Mike Jennings, partner and patent attorney at AA Thornton in London, the European Patent Office (EPO) has provided “very clear” guidance in this respect, particularly for the first of the two-step patentability test for AI applications.

WIPR used to do some decent work back in the days. It had some decent writers I could speak to; but this publication is nowadays beholden to patent maximalists and this never-ending “HEY HI” craze that they’ve promoted like a PR campaign says a lot about WIPR.

We should note that not only WIPR is the culprit. There has been much of the same from Managing IP lately, not to mention IAM. And here comes Patently-O with a new post in which Grant Harrison promotes the “HEY HI” hype as part of the attempt to frame algorithms as “HEY HI” and then get bogus patents on them. To quote: “Artificial Intelligence: Artificial Intelligence ( A.I. ) is one of the most sought-after fields in Computer Science. A.I. often implemented an algorithm or machine that can be trained by learning through datasets, the most common approach to this is through deep learning and natural language processing neural networks somewhat resembling human neuronal interactions. A.I is also emerging as a practice-of-law topic, with many ongoing endeavors into automated lawyers and assisted decision making.”
See the comments there, e.g.: “Every time I hear the term, “artificial intelligence,” our country’s fearless / fearful / feckless pres comes to mind and I chuckle.” (the response to which was: “I think that if machines actually had feelings, that you would have just hurt them.”)

The EPO officials, not to mention the law firms that support them (patent maximalists support like-minded people), probably think they sound very sophisticated every time they invoke “HEY HI!” Even when projects based on such hype turn out to be epic failures.

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. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  2. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  3. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  4. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day



  5. IRC Proceedings: Saturday, September 18, 2021

    IRC logs for Saturday, September 18, 2021



  6. Links 18/9/2021: LibreOffice 8.0 Plans and Microsoftcosm Uses WSL to Badmouth 'Linux'

    Links for the day



  7. Links 18/9/2021: GIMP 2.10.28 Released and Azure Remains Back Doored

    Links for the day



  8. IRC Proceedings: Friday, September 17, 2021

    IRC logs for Friday, September 17, 2021



  9. Links 17/9/2021: Ubuntu 18.04.6 LTS, Manjaro 21.1.3, “2021 is the Year of Linux on the Desktop”

    Links for the day



  10. Links 17/9/2021: WSL Considered Harmful

    Links for the day



  11. [Meme] Microsoft Loves Linux Bug/Back Doors

    Microsoft is just cementing its status as little but an NSA stooge



  12. Lagrange Makes It Easier for Anybody to Use Gemini and Even Edit Pages (With GUI)

    Gemini protocol and/or Gemini space are easy for anyone to get started with or fully involved in (writing and creating, not just reading); today we take a look at the new version of Lagrange (it was first introduced here back in March and covered again in April), which I installed earlier today because it contains a lot of improvements, including the installation process (now it’s just a click-to-run AppImage)



  13. IBM is Imploding But It Uses Microsoft-Type Methods to Hide the Demise (Splits, Buybacks, and Rebranding Stunts)

    A combination of brain drain (exodus) and layoffs (a lack of budget combined with inability to retain talent or attract the necessary staff with sufficiently competitive salaries) dooms IBM; but the media won't be mentioning it, partly because a lot of it is still directly sponsored by IBM



  14. IRC Proceedings: Thursday, September 16, 2021

    IRC logs for Thursday, September 16, 2021



  15. [Meme] 70 Days of Non-Compliance

    António Campinos would rather fall on his sword than correct the errors or work to undo the damage caused by Team Battistelli, which is still at the EPO



  16. EPO “Board 28” Meeting: Imaginary Dialogue Between EPO President Campinos and the Chair of the Administrative Council, Josef Kratochvíl

    The EPO‘s chaotic state, which persists after Benoît Battistelli‘s departure, is a state of lawlessness and cover-up



  17. Links 16/9/2021: Linux Mint Has New Web Site, LibreOffice 7.2.1, KDE Plasma 5.23 Beta, and Sailfish OS Verla

    Links for the day



  18. If Git Can be Done Over the Command Line and E-mail, It Can Also be Done Over Gemini (Instead of Bloated Web Browsers)

    In order to keep Git lean and mean whilst at the same time enabling mouse (mousing and clicking) navigation we encourage people everywhere to explore gemini://



  19. Techrights Examines a Wide Array/Range of Gemini Clients/Browsers

    After spending many months examining an array of different types of software for Gemini (including but not limited to clients/browsers) we take stock of what exists, what's supported (it varies a bit), and which one might be suitable for use by geeks and non-geeks



  20. Links 16/9/2021: KStars 3.5.5 and Chafa 1.8

    Links for the day



  21. Trusting Microsoft With Security is a Clown Show

    A quick and spontaneous video about this morning's post regarding a major new revelation that reaffirms a longstanding trend; Microsoft conflates national security (back doors) with security



  22. IRC Proceedings: Wednesday, September 15, 2021

    IRC logs for Wednesday, September 15, 2021



  23. Microsoft Azure and Back/Bug Doors in GNU/Linux: Fool Me Once (Shame on You) / Fool Me Twice (Shame on Me)

    "Fool me once, shame on you; fool me twice, shame on me," goes the old saying...



  24. Deleted Post: “LibreOffice is Becoming Dominated by a Bunch of Corporates, and Has no Place for the Enthusiastic Amateur.”

    Chris Sherlock, an insider of LibreOffice, cautions about the direction of this very important and widely used project



  25. Links 16/9/2021: Unifont 14.0.01, LibreOffice on ODF 1.3, Mozilla Pushing Ads (Sponsored 'Firefox Suggest'), and Microsoft Pushes Proprietary Direct3D via Mesa

    Links for the day



  26. Links 15/9/2021: Another Azure Catastrophe and Darktable 3.6.1

    Links for the day



  27. Open Invention Network (OIN) Recognises a Risk Posed to Cryptocurrencies (Danger From Software Patents), But OIN Still Proposes the Wrong Solutions

    Square is joining OIN, but it's another example of banking/financial institutions choosing to coexist with software patents instead of putting an end to them



  28. IRC Proceedings: Tuesday, September 14, 2021

    IRC logs for Tuesday, September 14, 2021



  29. (Super)Free Software As a Right – The Manifesto

    "Software text has long been recognized as “speech”, and is covered under the very same copyright laws as conventional printed matter."



  30. Links 15/9/2021: Java 17 / JDK 17 Released and ExpressVPN Sold

    Links for the day


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