10.15.19

Gemini version available ♊︎

EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

Posted in Courtroom, Europe, Patents at 8:56 am by Dr. Roy Schestowitz

It takes courage — not just intelligence — to oppose misnomers such as "artificial intelligence" patents

Software patents and artificial intelligence patents

Summary: Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices

THE European Patent Office (EPO) has taken control of another EPO, the Organisation. Battistelli started it and António Campinos continues just that. He even rendered his 'boss' at the Council his 'butler'. Imagine that! How is that even legal/constitutional? Maybe it isn’t. But who’s to actually enforce the law/constitution (or EPC)? This is a circular issue.

Advocacy of software patents by the EPO isn’t news; we saw some forms of it way back in the Brimelow days, but it has been getting worse since and judges have since then totally lost any sense of autonomy and independence. They will probably ‘vote’ (decide) the “usual way” some time soon (patent on software simulation) because Campinos is already meddling towards that outcome! See what happened in G 2/19.

“They will probably ‘vote’ (decide) the “usual way” some time soon (patent on software simulation) because Campinos is already meddling towards that outcome!”Sometimes we still see examples of software patents being thrown out inside rather than outside the EPO. Sometimes even loud proponents of software patents (no, not software professionals) admit it. Such was the case the other day when Bardehle Pagenberg wrote: “Authenticating individuals based on liveness probability: non-technical EPO refused to grant a patent on a method of authenticating financial transactions based on biometric data.”

Bardehle Pagenberg is, in our experience, the most vocal and shameless proponent of these bogus patents. They focus on these. Bardehle Pagenberg’s Patrick Heckeler, having published this page, even promoted another case where:

The first instance examining division refused searching the claimed subject-matter because it allegedly lacks technical character…

Forget about all that “technical” (or “technical effect”) nonsense; it’s the wrong test or criterion/criteria. Same for “problem-solution”. The sole riddle ought to be, does this cover something physical (where that physical thing is strictly required)? If not, then it’s abstract. Throw out the application/patent.

Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like “machines”; they associate the overused term “AI” with “machine learning” (what it means originally) as if there’s some machine or device somewhere. This week they also repeat the nonsense which is “machine translations” when they say: “What is the role of machine translations in proceedings before the EPO?”

“Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like “machines”; they associate the overused term “AI” with “machine learning” (what it means originally) as if there’s some machine or device somewhere.”“Those are not “machine translations” but lousy algorithms that take something in and spew garbage out,” I told them, “an incoherent mess for most languages, with no legal validity whatsoever…”

It’s rather worrying to see how the EPO deals with obvious software patents that under 35 U.S.C. § 101 the U.S. Patent and Trademark Office (USPTO) would be pressured to throw out, either at first instance (examination) or Patent Trial and Appeal Board (PTAB) — or, failing that, district courts, the Federal Circuit and SCOTUS (no potent challenge to that in 5 years at that level).

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. 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?



  2. 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



  3. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



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

    Links for the day



  5. [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"



  6. 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)



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

    Links for the day



  8. 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)



  9. [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?



  10. 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



  11. 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



  12. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



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

    Links for the day



  14. [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



  15. [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)



  16. 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)



  17. [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)



  18. 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



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

    Links for the day



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

    Links for the day



  21. The EPO is on the Run (Escaping Negative Press Coverage)

    Aside from tens of millions of euros granted to media and academia (to keep them complicit or silent about EPO corruption, which also implicates the EU) there’s also SLAPP and threats against staff representatives; but Members of the European Parliament are becoming interested in what’s really going on in Europe’s second-largest institution, so this utter waste of EPO money (manipulating the press and gaming universities’ research) might in itself become a scandal sooner or later



  22. [Meme] Lowering the Standards...

    It's time for another round of fluff at the EPO, this time without even travelling (PR-over-'ViCo')



  23. Gemini HTTP/HTML/Web Proxies and Self-Hosting Your Own Proxy

    Gemini protocol (gemini://) and the fast-growing Geminispace (expected to exceed 2,000 known capsules by year’s end, in effect quadrupling in a single year!) are possible to access using Web browsers, at least for those who do not have Gemini clients/browsers just yet; today we examine and give an outline of the options



  24. IRC Proceedings: Wednesday, September 22, 2021

    IRC logs for Wednesday, September 22, 2021



  25. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  26. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  27. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  28. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  29. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  30. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021


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