08.03.19

Gemini version available ♊︎

Patent Trolls’ Paradise: The EPO is a Rubber-Stamping Machine, So Why Not Automatically Generate Patent Applications?

Posted in Europe, Patents at 11:32 am by Dr. Roy Schestowitz

The more patents, the merrier, right? A Busy Beaver of a patent office…

Tianjin/EPO's so-called 'production'
Tianjin. So-called ‘production’ that ends up in flames due to poor regulation and misgovernment (stockpiling).

Summary: Running a patent office where quality does not really matter is “great” business; one can set up a script to generate billions of patents a day and grant them on the same day as well; but the EPO’s sick obsession with so-called ‘production’ seems to have attracted automated application and the EPO isn’t sure how to cope with the associated publicity

THERE’S a real problem in our hands when Europe’s largest patent office, the EPO, sidles with outlaws. Battistelli was a classic outlaw and António Campinos keeps defending him (see Haar). Moreover, he promotes illegal patents and meets patent trolls, whose business model is akin to extortion. Just before the weekend the EPO posted this tweet about Licensing Executives Society International (LESI). The managers of the EPO are working closely together with a front group of patent trolls. It’s a collaboration. They have joint events.

“The managers of the EPO are working closely together with a front group of patent trolls. It’s a collaboration.”Around the same time/day the EPO was promoting software patents agenda under the guise of "blockchain" (events with patent trolls on the panel) by retweeing this nonsense about the EPO: “Combining forces with Dr. Nigel Clarke, Head of Patent Information Research for @EPOorg , the @Derwent team hosted a webinar focused on blockchain fundamentals—information every IP professional should know. Download the key webinar takeaways…”

Well, it’s widely known that webinars are just ads. We’ve also just seen this new tidbit about an “Advisor on Blockchain Patent Prosecution”. A blockchain patent is a fake patent because those are software patents that are not valid anymore. He can help patent trolls though. They rely on not even going to court, instead settling behind closed doors. These are the actors standing to benefit the most from the EPO’s insane policy and gross deviations from the law.

“They rely on not even going to court, instead settling behind closed doors.”Days ago we saw WIPO and EUIPO mentioned in relation to "hey hi" and patents. Patent maximalists engaged both:

Managing IP speaks to the directors of WIPO and the EUIPO to gauge their views on AI, asking how the technology can help the offices be more efficient and whether job losses are inevitable

This whole “hey hi” nonsense soon thereafter spread further from an EPO-bribed publication, the Financial Times. “Patent agencies challenged to accept AI inventor,” the headline said, followed by another piece that implicated the UKIPO. This particular “hey hi” nonsense (in this case gaming the application process rather than patents on algorithms) cited Francis Gurry:

According to a statement from the University of Surrey, the UK Intellectual Property Office (UKIPO) and the European Patent Office (EPO) “have already indicated these applications appear new, inventive and industrially applicable, which are the primary requirements for an invention to receive a patent”.

UKIPO held an event that specifically focused on the issue of AI and inventions created by AI in June. There, speakers clashed over whether AIs should be granted applications for works they have generated.

UK Supreme Court justice Lord David Kitchin said AI holds “profound” potentials and shouldn’t be feared, whereas Francis Gurry, the director general of the World Intellectual Property Organization (WIPO), said he sees “no value whatsoever in attributing inventorship rights to a machine”.

Just before the weekend the BBC quoted the EPO’s spokespeople/PR people (5 whole paragraphs about this, but the BBC spikes negative stories about EPO abuses). Leo Kelion (technology desk editor) wrote:

A spokeswoman for the European Patent Office indicated that it would be a complex matter.

“It is a global consensus that an inventor can only be a person who makes a contribution to the invention’s conception in the form of devising an idea or a plan in the mind,” she explained.

“The current state of technological development suggests that, for the foreseeable future, AI is… a tool used by a human inventor.

“Any change… [would] have implications reaching far beyond patent law, ie to authors’ rights under copyright laws, civil liability and data protection.

“The EPO is, of course, aware of discussions in interested circles and the wider public about whether AI could qualify as inventor.”

It does not name the spokeswoman, but it might be Mittermaier. Tech Wire Asia, citing BBC, then wrote:

BBC News also spoke to a spokesperson for the European Patent Office (EPO) about the matter who confirmed that while the body is aware of the issue, the filing will be complicated given current regulations.

“The current state of technological development suggests that, for the foreseeable future, AI is… a tool used by a human inventor.”

The patent system may soon deal with computer-generated stuff, assessed by computer stuff that’s supposed to replace actual examiners but has been proven to be worse than useless. What’s the point of such a system?

World Intellectual Property Review (WIPR) covered this as well:

A team of researchers has now asked the European Patent Office (EPO), US Patent and Trademark Office, and the UK Intellectual Property Office (IPO) to grant protection to patent applications listing Dabus as the sole inventor of the new technologies.

Ryan Abbott, professor of law and health sciences at the University of Surrey, led the team behind the patent applications.

Speaking to WIPR, Abbott said the move was “unprecedented” and that patent offices had “no rules for handling something like this”.

[...]

In a statement sent to WIPR, the EPO said that it could not comment on pending patent applications.

Commenting more generally on the issue of AI inventorship, however, the EPO said it was the “global consensus that an inventor can only be a person who makes a contribution to the invention’s conception in the form of devising an idea or a plan in the mind”.

The purpose of the patent system, the EPO said, was to incentivise innovation and afford rights to protect an inventor’s work.

“These rights are tailored for natural persons, i.e. humans,” the EPO said.

Has this person (applicant behind the machine) ‘trolled’ the EPO to show the EPO how ridiculous patent quality is becoming? Futurism cited the BBC:

A spokeswoman from the European Patent Office told BBC that it’s hesitant to grant patents to AI because doing so would likely set create unforeseen legal precedents — the office doesn’t take upending existing patent law lightly.

The requirement for a human inventor behind every patent is meant to keep patents in the hands of inventors instead of corporations, per the BBC. But this sort of worker protection wasn’t crafted with the future of AI in mind — the human requirement in the U.K., for example, comes from a patent law written in 1977.

The EPO has been happy to promote “hey hi” as means by which to allow illegal patents on software, but when it’s not about legal loopholes and when the whole credibility of the system is at the stake the EPO is suddenly speechless and puts up resistance?

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. Links 26/05/2022: AlmaLinux OS 9.0, MooseX::Extended for Perl Introduced

    Links for the day



  2. Links 26/05/2022: Kernel Events and Systemd-Free GNU/Linux Distributions

    Links for the day



  3. Links 26/05/2022: DuckDuckGo Increasingly Exposed as Microsoft Proxy

    Links for the day



  4. EPO Celebrates Software Patents Again, Dubbing Them 'Hey Hi' (AI) and '4IR'

    The ludicrous state of the EPO is demonstrated by yesterday’s puff piece about “four million” (merely requests for monopoly in Europe; most come from outside Europe) and L’Oréal, which claims to have “invented” something that was already done in the 1990s if not the 1980s



  5. [Meme] EPO's Monkey Business: Lowering the Patent Examination Bar

    As we shall show in a moment, EPO President António Campinos has lowered the quality of patents and applications; sooner or later he might outsource the job to ‘livestock’



  6. IRC Proceedings: Wednesday, May 25, 2022

    IRC logs for Wednesday, May 25, 2022



  7. Heads of Patent Offices Are Immune to Coronavirus

    The overconfident chiefs of the U.S. Patent and Trademark Office (USPTO) and EPO might love speaking about COVID-19 (in relation to patents), but they do not take it seriously themselves



  8. Links 26/05/2022: Plex Finally on GNU/Linux

    Links for the day



  9. The General Consultative Committee of the EPO Exposes a Disaster and a Lack of Genuine Dialogue

    The General Consultative Committee (GCC) at the EPO deals with unlawful proposals from António Campinos (he’s happy to violate laws, constitutions, protocols, conventions, just like Benoît Battistelli did) and once again the abuses by managers is covered up; it’s as if the Office is run by unaccountable gangsters who arrogantly curse at everyone whilst insisting they’re the nicest people ever



  10. The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

    A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crisis; there's no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack



  11. [Meme] The Recordings Must Have Accidentally Been Lost While Breaking the Rules

    The EPO‘s “nicest” chief, Monopoly Tony, won’t even mention the recordings…



  12. Links 25/05/2022: ‘V Rising’ on GNU/Linux and Pearl Linux OS 11

    Links for the day



  13. Links 25/05/2022: Librem Tries Another Approach

    Links for the day



  14. IRC Proceedings: Tuesday, May 24, 2022

    IRC logs for Tuesday, May 24, 2022



  15. Links 24/05/2022: nginx-1.22.0 and WordPress 6.0

    Links for the day



  16. [Meme] Divine Protection

    You won’t find Monopoly Tony (António Campinos) wearing a mask at the EPO because the rules of the Office do not apply to him



  17. António Campinos and the Alicante Clique (EPO Management, Appointed Based on Nepotism Despite Lack of Qualifications) Nowadays Exploiting Kids for PR Charades

    The sick old habit of exploiting kids for Public Relations (PR) and marketing purposes is all too common at the EPO (they’re constantly exploiting “the children” to associate criticism of the EPO with demeaning the young and innocent), but the management — which enjoys nepotism and immunity rather than relevant skills — carries on today and it’s being called “inaugural”



  18. [Meme] Snake on a Plane

    The EPO‘s President ‘Monopoly Tony’ (António Campinos), whom you never see wearing a mask (none of the photo ops; he does not even socially distance himself from peers, he wears sneakers instead of masks) during the height of a pandemic, is the "f***ing president"; don’t tell him to wear one…



  19. Microsoft GitHub Exposé — Part XX — Entering Phase II

    We're about to resume the long-running series about the sick clique which ran GitHub until the assault on women became too much of a liability (among other wrongdoings and PR blunders)



  20. Links 24/05/2022: Fedora 37 Test Days and Tor Browser 11.0.13

    Links for the day



  21. Microsoft Vidal, as USPTO Director, Already Plays 'Political Cards' to Disguise and Deflect Away From the Corporate Agenda

    Microsoft Vidal, another corporate pawn in charge of the world’s most dangerous patent system, is using soft-spoken defle



  22. Links 24/05/2022: WAL-G 2.0

    Links for the day



  23. IRC Proceedings: Monday, May 23, 2022

    IRC logs for Monday, May 23, 2022



  24. Unethical Advertising, Published as So-called 'Articles', in CNX Software

    As we noted earlier this year, the CNX team is looking for money in the wrong places



  25. Links 23/05/2022: Broadcom to Buy VMware?

    Links for the day



  26. LibreOffice Conference 2022, As Before, Puts the Keynotes on Sale (the Rich Buy Influence, the Price Doubles)

    Discrimination against the community; talks and mentions are based on money, not merit ($2000 has become $4000 in just one year)



  27. Links 23/05/2022: Kdenlive 22.04.1 and New Alpine Linux Released

    Links for the day



  28. António Campinos Promotes Software Patents Using Buzzwords and Sketchy Loopholes With Dubious Legal Basis

    ‘Monopoly Tony’ (António Campinos) is shamelessly manipulating EPO processes at both ends (sender and receiver) to facilitate the illegal granting of invalid European software patents; we’re meant to think this former EU official and imposter (banker) is some guru in the sciences because he reads a lousy speech crafted for him with lots of meaningless buzzwords peppered all over it (he’s not good at reading it, either)



  29. [Meme] Jorgotta Be Kidding Us, Campinos!

    Monopoly Tony (António Campinos) runs the EPO by attacking the very legal basis of the EPO’s existence



  30. Unified Patent Court (UPC) Relies Too Much on Lies and Mischief Without Any Basis in Law

    Today’s video runs through the typical (weekly) lies from Team UPC — lies that are very easy to debunk; Team UPC not only drafted the thing but also looks to profit from it while misleading politicians and bribing publishers to spread intentionally misleading statements (lies)


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