Bonum Certa Men Certa

Higher Patent Quality and More Patent Justice Rather Than Buzzwords and Litigation

I wanted to cure my patients but 'award-winning' patents stood in my way



Summary: The system entrusted to deal with the advancement of science and betterment of society has been more or less hijacked and exploited by a new industry, whose sole interest is making a lot of money through litigation or threats of litigation (muted settlements outside the court system, i.e. extrajudicial)

THE WORLD has many perils and profound issues. There are deepening crises. Putting aside the political chaos that sweeps across the planet and not even mentioning environmental aspects, let's look at what happens in science and various technological disciplines. Many people are nowadays treated poorly and valued by the amount of data collected from them (so-called 'surveillance capitalism'); a lot of so-called 'innovation' -- surely an exaggerated buzzword rather than real substance -- is centered around social control, i.e. autocratic tendencies. Patent offices often resort to greenwashing, pretending to themselves (and sometimes to the public) that they seek to protect the planet and guard us from pollution, death etc. In reality, however, just granting more and more patents (in effect monopolies) won't help the proliferation of "green tech" (another buzzword/phrase they love). I myself am not against patents (I personally know some people who are, absolutely, even though they have loads of patents themselves), I'm only against patent maximalism, seeing what it tends to lead to. I've been writing on the subject since I was about 20. It's not new to me.

"I'm only against patent maximalism, seeing what it tends to lead to. I've been writing on the subject since I was about 20. It's not new to me."As we mentioned last week, nowadays there are patents on life and genetics (or genome, DNA, you name it). For life? On life? Whose monopoly? Who even 'invented' life? Religious people might say something different from and less scientific than evolutionists, but that's not the point; the question of patenting such things is one both groups can agree on. Watch what the EPO is doing:

Ares Genetics GmbH – a subsidiary of molecular diagnostic developer Curetis N.V. has reportedly been granted a patent from the European Patent Office (EPO) dubbed ‘Genetic Resistance Testing’.


How far does it go? We very recently revisited the ethical issues associated with patents on cancer treatment. Good luck explaining to patients that patents are more important than them!

"Good luck explaining to patients that patents are more important than them!"A site called "Mighty Gadget" (never seen it before!) has just published this pure spam for Withers (with a link even!), a law firm that's promoting illegal patents on algorithms. It's promoting the "hey hi" (AI) nonsense, citing "the WIPO Technology Trends report, which also reveals that IBM currently has the largest portfolio of AI patent applications with 8,290." Fake software patents in Europe disguised as "hey hi"/"HEY HI" (we need to ridicule these buzzwords) by the Campinos/Battistelli regime (the European Patent Office and US Patent and Trademark Office both use this buzzword these days, but the former seemingly influenced the latter before WIPO did the same). To quote:

Since the emergence of rudimentary artificial intelligence (AI) technology in the 1950s, nearly 340,000 related inventions have been filed for patent.

This is according to the WIPO Technology Trends report, which also reveals that IBM currently has the largest portfolio of AI patent applications with 8,290.

But just how patentable are AI inventions and machine learning, and how does the process work in Europe?

What are the Guidelines for Examination with the EPO?

As we’ve already said, the number of AI-based patent applications is continuing to rise, with the European Patent Office (EPO) also revealing an increase in the amount of applications pertaining to programmed computer inventions.

Given this slew of AI and machine learning patent applications, it should come as no surprise that the EPO has recently updated its Guidelines for Examination. Many would argue that this update was long overdue, with attorneys suggesting that some patents have been unnecessarily delayed due to outdated and analogue guidelines.

The new body of legislation makes it clear that the EPO intends to treat AI and machine technologies as forms of mathematical method. Mathematical methods currently appear on the list of non-inventions defined by art, which are technically unpatentable due to their nature.

However, a mathematical method may also be tied to the control of a specific working system or process, and in this respect it can gain technical character.

In this instance, a mathematical method moves out of the exclusion zone and into the realm of being a patentable invention, and this provides formal clarification of the position that the EPO has always adopted.


They basically went back and scanned all sorts of old patents, re-classifying them as "AI" to make it sound as though it's OK to grant a patent on software provided it uses the 'right' terms (lexical trickery). It's an incredible and incredulous propaganda campaign of patent maximalists. What would court say if these patents were to reach actual courts? We've already seen many of these axed.

"If patent law exists to advance science, then at the moment it does a truly terrible job."The problem we have at the moment is that large patent offices, especially IP5, grant a lot of patents that courts insist should not be granted (but continue to be granted anyway). This vastly reduces legal certainty that's associated with patents, so now the patent maximalists try to manipulate politicians, wrestling the laws and bribing people like Coons. In Europe we can see that in UPC. "Explanation given" wrote the following comment last night on the breaking news of a very high British court squashing a key European Patent, noting that patent troll "Conversant's case is dead if the patent is invalid for added matter, but he still decided on obviousness and sufficiency (and infringement) so that the case can be dealt with in full on appeal."

Here's the full comment:

There is nothing in the EPC that prevents a claim from being new and inventive while at the same time infringing Art. 123(2). Just apply the law as it is written. The "effective date" for determining the state of the art for the claimed subject-matter is determined by Articles 54 and 89 EPC. There is nothing in those provisions that prevents the EPO from establishing the relevant state of the art if a claim happens to infringe Article 123(2).

"The part of the claim relating to added subject-matter should however not be there and no effective date can be attributed to it."

This is pure myth that unfortunately has taken root in the minds of a few EPO examiners. Please cite one passage in the Guidelines or in the Case Law book that supports your position. Again, it is Articles 54 and 89 that determine the relevant state of the art, and those provisions do not require the claim to comply with Article 123(2).

"At the EPO, a claim comprising added subject-matter leads to a refusal in examination or to a revocation in opposition, cf. G 1/93. Such a claim is never compared to any prior art, as it does not have a raison d'être."

This arrogantly assumes that an opposition division's decision on 123(2) is always correct and will survive appeal, which has no basis in reality.

If the patent proprietor has an at least arguable case on 123(2) (that did not convince the OD but still might convince the BoA), there is nothing to stop the OD from continuing with inventive step (even though it is not obliged to do so). Then if the BoA on appeal agrees with the patent proprietor on 123(2), a remittal for examining inventive step has been avoided.

This is how the English courts deal with cases. Justice Arnold was well aware that Conversant's case is dead if the patent is invalid for added matter, but he still decided on obviousness and sufficiency (and infringement) so that the case can be dealt with in full on appeal. There is no legal reason why EPO divisions could not do the same.


We're in a sad state right now because patent offices grant patents which they know they should not grant; they do so anyway because of greed and trolls like Conversant (above) exploit that for blackmail purposes. If patent law exists to advance science, then at the moment it does a truly terrible job.

Recent Techrights' Posts

2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
 
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026