Bonum Certa Men Certa

Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

Illegal/Invalid Patents (IPs) don't make the system stronger but weaker

Let them eat patents. All the world's problems will be solved by more patents.



Summary: A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)

THE PUSHESR of what's called "stronger" (or STRONGER) "patent act" in the US don't care about the strength of patents. They care about the contrary and push for the very opposite. They just want the U.S. Patent and Trademark Office (USPTO) to grant loads of software patents that courts reject anyway.



"In practice, however, they merely grant monopolies in technology that can reduce pollution."The same is true for the European Patent Office (EPO), where António Campinos -- like Battistelli before him -- measures 'strength' in terms of so-called 'productivity'. Not quality, not examiners' skills, not validity rates (or rates of European Patents being upheld by courts). It's hardly surprising that Campinos shamelessly lobbies for software patents in Europe. That helps him fake 'production'...

In order to pretend that the EPC does not exist (like 35 U.S.C. €§ 101 in the US) they resort to misleading, novelty-sounding buzzwords such as "hey hi" (AI). To deny patents on this "hey hi" would surely be a denial of progress and amazing novelty, right? The media speaks about "hey hi" day and night, especially more so since 2017 or thereabouts (it boils down to superficial, faked hype).

Another pattern of EPO propaganda has recently been greenwashing. They pretend that their patents somehow "save the planet..." (no, they seriously try to imply that!)

In practice, however, they merely grant monopolies in technology that can reduce pollution. As we mentioned in an earlier post of ours, there's a new example of this which is promoted in a misleading fashion. For instance, the article "SeaTwirl Granted European Patent" (from North American Windpower) says: "SeaTwirl, a producer of floating wind turbines, will be granted a patent for a divisible wind turbine by the European Patent Office (EPO). SeaTwirl has already been granted the same patent in Sweden, the U.S. and China. [...] SeaTwirl is working strategically to build a broad patent portfolio. By protecting technical solutions that make the wind turbines cheaper to build and maintain, the company strengthens its market position, notes SeaTwirl."

How does a monopoly make things cheaper? The opposite is true. But never let "green" stunts slip away, right?

The National Law Review has just published this new piece from a giant law firm (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C). The piece mentions the EPO's position on so-called 'AI' patents and notes that "IEEE-USA urged the USPTO to focus on correcting the problems facing all computer implemented technologies as a primary approach to providing strong patent protections to AI based inventions."

Well, IEEE is at least consistent in his anti-software developers stance. We've long warned about IEEE pushing illegal software patents and it seems rather clear that IEEE does not represent engineers. Here are some portions: (it's about input sent to the US patent office)

The European Patent Office (EPO) has refused two European patent applications that designated an artificial intelligence called DABUS as the inventor, following a non-public hearing on November 25, 2019. The EPO has not yet published its reasons for refusing the applications but merely stated that “they do not meet the requirement of the European Patent Convention (EPC) that an inventor designated in the application has to be a human being, not a machine.” The refusal refers to Article 81 and Rule 19 of the EPC. The EPO further noted “A reasoned decision may be expected in January 2020.”

[...]

Institute of Electrical and Electronics Engineers (IEEE-USA): IEEE-USA urged the USPTO to focus on correcting the problems facing all computer implemented technologies as a primary approach to providing strong patent protections to AI based inventions. IEEE suggested looking to other areas of IP law for models as it relates to inventorship. For example, the IEEE cited Naruto v. Slater (“monkey selfie case”) which denied a monkey copyright authorship of a selfie taken by the monkey. The rulings were based in part on the constitutional authorization to reward human authors and inventors. Accordingly, the IEEE also believes that AI cannot be inventors.


A reader has meanwhile alerted us about this upcoming 'course' from the patent zealots of ResearchAndMarkets (who also push UPC lies). Surely they know that software patents are disliked by programmers and are also illegal in Europe but that does not discourage them. Their target audience is law firms and they say: "This intensive one-day event will help you to understand the development strategies impacting software patents and update you on the major developments in European patent law, in particular, GUI inventions and 'mixed' inventions with both patentable and non-patentable subject matter."

Those old loopholes of combining algorithms with something like a "device"; it's a popular kind of loophole and we've seen that in New Zealand and in India. Just to be clear, patents on algorithms are still forbidden in India, but Spicy IP (a site whose founder died last year) is still peddling old myths, promoting such patents even though software developers -- many of whom live in India -- do not want software patents (and that's all that matters). Their introduction says: "Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape?" (Correction below)

So what's their excuse for advocacy of software patents? To quote: “In today‟s digital world, when most inventions are based on computer programs, it would be retrograde to argue that all such inventions would not be patentable. Innovation in the field of artificial intelligence, blockchain technologies and other digital products would be based on computer programs, however the same would not become non-patentable inventions – simply for that reason. It is rare to see a product which is not based on a computer program. Whether they are cars and other automobiles, microwave ovens, washing machines, refrigerators, they all have some sort of computer programs in-built in them. Thus, the effect that such programs produce including in digital and electronic products is crucial in determining the test of patentability.”

They're basically squeezing a bunch of buzzwords in there, arguing that because those buzzwords are used in relation to lots of things it is therefore "innovative" and deserves a patent.

So, in summary, anything that is "green" and "widespread" -- tell us the patent maximalists -- needs to be patented, irrespective of underlying law, economic rationale, and so on.

Correction: There was a misunderstanding. The author at Spicy IP has stated or clarified that "the point I've made through that post, is that the court order is flawed and is unnecessarily favouring "software patenting"..."

The pro-software patenting position is contained in that post not as a form of endorsement; it is the writer showing what others have said.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day
IBM Has Embraced and Rewarded Liars
The IBM culture vanished
statCounter Estimates GNU/Linux at 5.32% in Kuwait, Years Ago It Was Near 0%
Kuwait rose to fame in the 1990s because of a war
Swatting People Who Write About Corruption, Misogyny, Criminal Misuse of Funds
we've given ourselves a decade to cover all those stories
GNU/Linux Rises Above 6% in Colombia
In Colombia, which is a large south American country, GNU/Linux has risen steadily in recent years
SLAPP Censorship - Part 138 Out of 200: Garrett Has Basically "Lost" and It is "Embarrassing" to Them
they just wound up costing hundreds of thousands of pounds
Gemini Links 03/08/2026: Great Exodus, xkcd as Text, and Dead Ends
Links for the day
GNU/Linux Has Surged to 6.3% in Madagascar
Madagascar's adoption of Free software is a subject we covered a lot in past years
Microsoft's Slop Bet is Killing the XBox Even Faster
LLMs destroy almost anything they touch
The Cyber Show on "Weaponised Antisocial Technology"
by Andy
Alexandre Oliva on Slippery Slop (LLMs)
By Alexandre Oliva
RMS Won the Argument and Now GNU Wins Over Computer Users
He can look back at nearly 43 years of GNU and say, "I was right..."
statCounter Corrects GNU/Linux Estimates, Now Measured at 9% Worldwide
Windows has sunk like a rock
GNU/Linux-Centric Blogs Belatedly Pick Up News About GNU/Linux Gains: 4-8% Depending on the Surveyor
more people will get curious and give it a go
Links 03/08/2026: Strike By Flight Attendants (WestJet) and Greedflation
Links for the day
Links 03/08/2026: EU Curtailed Slop, Frank Zappa Recalled
Links for the day
Daniel Pocock on Sky News This Morning
No harm done
Morten Linderud Has Helped Microsoft Put Locks (and Kill Switches) on the PCs of Arch Linux Users
"the first rule of "secure boot" is to disable "secure boot"
In Poor Peru, GNU/Linux Surges From 1% to 5% in a Few Years
Windows is dying
All Social Control Media is a Weapon (Against Its Users, Serving the Real Owners)
That social control networks are weaponised isn't a new concept
Fanning the Flames of Journalism
This week we have several surprises coming
Forcing the Slop Bubble to Implode Fully to Save the Economy From an Even Greater Collapse and Societal Harm
Let's blow up the bubble. The sooner, the better
GNU/Linux at 8% in Croatia
somewhat of a GNU/Linux adoption hotbed
It's Easy to Predict Microsoft Layoffs for October 2026 Because of the Financial 'Results' That Month (More Faking, More Secret Debt and Buzzwords to Perfume This Debt as "Investment")
From what we've read, Microsoft is silently laying off people this month based on LITE, which leads to PIPs
Not Hard to Guess Who Will Pay for IBM's Collapse (Due to False Statements Made to Shareholders), Red Hat May Disappear
IBM's leadership is never being punished for its failures
Many Anniversaries
Many anniversaries in quick succession
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 02, 2026
IRC logs for Sunday, August 02, 2026
Gemini Links 03/08/2026: Collectibles, Cities of the Red Night, and Lali Lambda
Links for the day
IBM's August 2026 Promotions (Annual Ritual) Can Turn Into a "Bloodbath" (RAs, Layoffs)
IBM Common Stock is set to open in the red (minus) on Monday
Microsoft Culture Explained by People Who Work at Microsoft
"Be ready for politicking and working over time and weekends."
Codes of Conduct Attract Hoarders and Sociopaths, They Are Intolerant Towards Good People
Codes of Conduct (CoCs) are also promoted using violence
XBox is in Trouble, Sunday News Shows How Serious a Problem It Now Faces
it seems impossible to resuscitate at this point
statCounter Observes GNU/Linux at 10% in Libya
this month statCounter finally sees GNU/Linux approaching "double-figures" there
Thailand: GNU/Linux Approaching 15%, Windows in a Freefall
It makes perfect sense for Thailand to adopt GNU/Linux for technical reasons, not just political reasons
GNU/Linux in Bulgaria Back Up
part of a trend in Europe
Cuba Sees Leap in GNU/Linux Usage, as Reported by statCounter
For the ordinary Cuban it makes sense to reduce a dependence on GAFAM
Gemini Links 02/08/2026: Drift, Crawlers in Gopher Space, Purpose, and Python
Links for the day
Links 02/08/2026: Some Large Slop Investors "Crumbling", Russia Intensifies Bombing of Kiev
Links for the day
IBMers Discuss Who Killed IBM (It Impacts Red Hat)
Fedora is fast becoming like another CentOS
GNU/Linux Rises to 6% in Mexico
Did the soccer (football) matches have some impact or just the "unknowns" being deciphered (or omitted) by statCounter?
GNU/Linux Leaps to 8% in Asia
In Asia, is it a bit higher because of GAFAM distrust? Maybe some other factor/s?
Clownflare Web Usage Survey: About 10% in North America Use GNU/Linux, Worldwide 6.7%
surveyors that showed GNU/Linux growth
SLAPP Censorship - Part 137 Out of 200: Discovering That Spending a Million British Pounds (1,348,250.01 United States Dollars) on Lawyers Cannot Take Down One's Critics
just outright bullying and criminality
Steam Survey, analytics.usa.gov, and statCounter All Point to GNU/Linux Gains (Again)
This must be very annoying to Microsoft
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
The Slop Presumption Rule
Tainting oneself can take one day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day