08.29.19

Gemini version available ♊︎

USPTO and EPO: Call Software Patents ‘Hey Hi’ (‘AI’) and Use Microsoft Software (or Else!)

Posted in America, Europe, Microsoft, Patents at 5:50 am by Dr. Roy Schestowitz

A dip in patent quality and integrity

A dip

Summary: The mischief of the world’s biggest patent offices (or biggest bar China’s) is costly and very much corrosive to the image of patent systems; if they don’t obey the law, how is the public expected to respect them?

THE LATEST 35 U.S.C. § 101 cases (in our daily links) show that software patents continue to be rejected by courts, never mind what the U.S. Patent and Trademark Office (USPTO) says. As we shall show in other future posts (we’ve just received lots of new documents), the European Patent Office (EPO) is the same; European courts reject such patents and the UPC will never materialise, i.e. those courts will continue to decide on patent scope. While software patents are being granted in Europe there’s no legal certainty; they’re pointless if not worthless. António Campinos and his friend Battistelli were granting loads of fake patents or Invalid Patents (IPs).

“It’s a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage.”We recently wrote a bunch of articles about the “Hey Hi” (AI) hype — more articles than we care to recall or even count. It’s a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage. This dodge lets them fake ‘productivity’ — in effect granting patents which they very well know courts would throw out (if given the chance/challenge).

Law firms don’t really mind all these fake patents; they still get to collect payments from applications, renewals, searches and lawsuits. They’re in it for the money, not for science or innovation (with few rare exceptions, who might end up seeking a career change sooner or later). Consider this latest promotion of software patents in Europe from a firm that brags about a “European Software Patents Knowledge Base” (while in this case acknowledging that the said patents aren’t even valid!); also spot Gene Quinn (Watchtroll) still attacking judges (“Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True” is his latest insult/headline). He’s just angry that the Federal Circuit rejects software patents and affirms inter partes reviews (IPRs). What a villainous site; it’s hardly surprising that EPO management associates with it! The EPO too attacks judges. Today’s EPO is a rogue institution placed above the law so that it can break the law every single day. It’s granting patents on maths, on nature and on life. The USPTO too grants patent monopolies on life itself. Totally insane? Sure. But here, it has just done so again.

“Nowadays the EPO doesn’t even use the same old buzzwords for software patents. It came up with new ones, including “AI”.”The “EPO [is] promoting swpats [software patents] again,” Benjamin Henrion warned earlier this week. “Using patents to protect digital business models,” he quoted from a new event page of theirs.

Nowadays the EPO doesn’t even use the same old buzzwords for software patents. It came up with new ones, including “AI”. The USPTO copies some of these buzzwords.

“USPTO patenting statistics,” Henrion wrote, citing the latest nonsense from the USPTO. They call it “AI” and it’s about software; no matter if actual courts throw our or push all these fake patents away…

Disguising fake patents on software (or algorithms) using buzzwords like “hey hi” might help trick examiners, but not courts.

“USPTO seeks public comment on patent policy and artificial intelligence,” said Susan Decker from Bloomberg, where she often spouts out the lies of the patent microcosm.

Bear in mind all these proponents of “AI” patents never even wrote any computer code. “AI” is, to them, some sort of “geek magic”.

“Bear in mind all these proponents of “AI” patents never even wrote any computer code.”Here’s Dennis Crouch’s take on “Artificial Intelligence (AI) Patents,” where he states that: “The USPTO is seeking information on artificial intelligence (AI) inventions.”

Here’s the “CII” nonsense (the term which the EPO used to name-drop a lot): “written description support for computer-implemented inventions [CII] generally require sufficient disclosure of an algorithm to perform a claimed function, such that a person of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.”

Crouch wrote another post about price hikes and Microsoft promotion; it’s a subject we wrote about last year. To quote: “New Fee: Non-DOCX Application Filing Surcharge Fee of $400″ (OOXML promotion, discrimination against open standards like ODF). This might merit a separate post/rant because it’s a major scandal and right now it’s just in “proposal” status. There’s an actual, confirmed scandal below [1]. Covered 2 days ago.

If patent offices want patents to be taken seriously, then they should themselves set an example. Obey the law, for starters.

Related/contextual items from the news:

  1. The Patent And Trademark Office Is Apparently Branching Out Into The Immigration Enforcement Business

    Here’s another one of those weird signs of the time. Under any normal presidential administration, this move by the US Patent and Trademark Office might look a bit strange. But only a bit. There are some legitimate reasons for doing this, but filtered through the administration’s xenophobia, it seems to be just another way to hassle non-citizens. (h/t Jef Pearlman)

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 27/9/2021: Librem 14 Reviewed, Linux 5.15 RC3 is Out

    Links for the day



  2. Links 26/9/2021: GNU Wget2 2.0.0 and MenuLibre 2.2.3 Released

    Links for the day



  3. How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

    Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability



  4. Regrettable Acts of Self-Harm: OpenMandriva and Mozilla Being Outsourced to Microsoft Proprietary Software and Monopoly

    In another blow to software freedom, OpenMandriva and Mozilla decide to abandon their own systems and use proprietary software from Microsoft instead



  5. Links 26/9/2021: Mozilla Spends on PR, OpenMandriva Outsourcing to Microsoft

    Links for the day



  6. IRC Proceedings: Saturday, September 25, 2021

    IRC logs for Saturday, September 25, 2021



  7. Links 25/9/2021: GNU/Linux Recognition in Mainstream Media and Wine-Staging 6.18

    Links for the day



  8. Reminder: GNU Turns 38 This Monday Around Midday (When GNU's Founder Gives Talk in Poland)

    With media and Torvalds speaking again about anniversaries (this has gone on for the past week because Torvalds wrote about it yet again), it is important to recall the announcement that got the ball rolling and basically started it all (the GNU/Linux operating system) because it was in 1983, not 1991. We reproduce in full the announcement.



  9. Links 25/9/2021: Wine 6.18 and Chromium Complier Woes

    Links for the day



  10. [Meme] When the EPO Watches Everything ('Dissidents', Media, Etc.) and Isn't Being Watched by Anybody

    The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO’s back pocket or back seat)



  11. Virtual Oversight

    “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?



  12. The Corporate Coup Against the Soul of the Free Software Community Is Not Over

    The erosion of community role in the development of GNU/Linux is a growing problem; part of the problem is that large corporations target technical and philosophical (perceived) leaders in coordinated smear campaigns, led by media they own



  13. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  14. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  15. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  16. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  17. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  18. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  19. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  20. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  21. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  22. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  23. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  24. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  25. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  26. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  27. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  28. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  29. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day



  30. Links 23/9/2021: More UPC PR Stunts and IBM (Poettering) TPM for Linux

    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