Bonum Certa Men Certa

Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

Hey hi! My name is "Digital"! I shall be your servant today.

Digital hello



Summary: Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)

THE way the U.S. Patent and Trademark Office (USPTO) deals with 35 U.S.C. €§ 101 does not really determine the eligibility of software patents in the US. The way high courts such as the Federal Circuit (or above, namely SCOTUS) deal with such patents is what matters. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) also play an important role, especially when decisions become examples or precedents. Here in Europe the appeals are dealt with not by impartial judges but 'glorified' (or elevated) examiners who are terrified of European Patent Office (EPO) presidents like António Campinos and 'Mafioso B' from Corsica. These under-qualified presidents not only allow software patents in Europe but actively advocate these; they even pressure judges to do the same. They gleefully violate the EPC and then they wonder why staff is dissenting? More than 80% of the EPO's staff is eager to go on strike, but 'Mafioso B' made it a lot harder.



"They gleefully violate the EPC and then they wonder why staff is dissenting? More than 80% of the EPO's staff is eager to go on strike, but 'Mafioso B' made it a lot harder."The UPC is dead (we have a lot more to publish about that), but software patents are not because the EPO keeps granting them. Sure, courts would typically throw them out and there will be no "unified" or "unitary" court to change that.

"Digital technologies" is one of the latest smokescreens EPO management uses to describe -- in rather broad and vague terms -- patents on algorithms. The EPO did that again just before the weekend when it tweeted: "Digitalisation is fuelling a growth in patenting. But who's filing the most European patent applications in this field? This analysis of our latest patent statistics provides some insight: https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

DigitalisationIndex...

PatentIndex...

"First Campinos fell in love with "hey hi" (AI) and now it's "digi" this, "digi" that. The EPO keeps promoting illegal software patents disguised using "Digitalisation" or "Digital technologies"..."We've named all this nonsense before...

It's like a broken record/tune now...

First Campinos fell in love with "hey hi" (AI) and now it's "digi" this, "digi" that. The EPO keeps promoting illegal software patents disguised using "Digitalisation" or "Digital technologies"...

Pay attention, dear EPO examiners.

Less than half a year ago the EPO had introduced and then also imposed new guidelines which compel examiners to grant "hey hi" patents (algorithms with glorified buzz and novelty-inducing ambiance). So examiners are in a tough place; obey orders from EPO management or respect the EPC. Cannot do both (risk of unemployment in increasingly-uncertain times in Europe).

The other day we noticed that Slaughter and May's Catherine Cotter (whom we'll mention a lot in the coming week because of UPC lies) celebrates the EPO breaking the law with buzzwords and hype waves. "Digital technologies take top spot in EU patent applications in 2019" was her headline, pushed by her boss (Slaughter, aptly-named firm) in the patent microcosm's platforms.

"Less than half a year ago the EPO had introduced and then also imposed new guidelines which compel examiners to grant "hey hi" patents (algorithms with glorified buzz and novelty-inducing ambiance)."Another one of the patent microcosm's platforms published "Patenting CIIs: ‘no one knows where to draw the line’" -- a paywalled piece by Karry Lai who's pushing illegal software under the misleading guise of "CII" (the lie manifested by the EPO). "Australian in-house counsel and lawyers reveal their struggles with the “black hole” that computer-implemented inventions seem to fall into," the summary says. Well, Australian courts and to some degree the patent office as well reject these patents. There's no “black hole” per se. It's just the law.

Going back to the EPO again, watch this other tweet posted a couple of days ago. At the top of this page the EPO promotes illegal patents on software. They're so shameless about it.

Who are you kidding, Mr. Campinos? Take off the mask. You're another Battistelli and you'd even celebrate patents (monopolies) on basic and rudimentary masks at this time. We'll say more on the latest PR blunder in our next post. It's related to this.

Recent Techrights' Posts

Microsoft's 'Lawsuit Diplomacy' (SLAPPs Riding UK Libel Law and Piggybacking UK GDPR, Inapplicable!) Will Only Give a Worse Image to Microsofters (and Microsoft), Give Exposure to Even More Suppressed Facts and Scandals
Microsoft came to dominate some sectors because of (or owing to) crimes; Microsoft won't just go away without some more crimes.
Five (or Three) Years Without Social Control Media
Glyn Moody quit X (Twitter)
Why GNU/Linux is Growing
There's growing interest in GNU/Linux right now because people do not fancy buying a new PC just to 'upgrade' (more spying) Windows
 
Links 20/04/2025: Bleeding Constitution and ChatGPT Infuriates Users Some More
Links for the day
Deja vu: Hitler's Birthday, Andreas Tille elected Debian Project Leader again
Reprinted with permission from Daniel Pocock
Chinese OEMs (and World's Largest) Pave a Path Out of Microsoft Windows
So Microsoft now values (or prices) Vista 11 at just $140?
Gemini Links 20/04/2025: Contradictions of Mark Carney and Blog Questions Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 19, 2025
IRC logs for Saturday, April 19, 2025
Electronics in People's Bedrooms
Modern technology not only blurred the gap between "functions" of rooms
Gemini Links 19/04/2025: Contingencies, GTD, and Old Computers
Links for the day
Links 19/04/2025: Economic Races, Charm Offensives, and USB-C Rants
Links for the day
Links 19/04/2025: "Infantilization at Big Tech" and LLM Slop Abused in Defiance of Workplace Rules/Policies
Links for the day
Gemini Links 19/04/2025: Palm Addiction and Real Experts
Links for the day
Egypt is Controlled by Google, Not Microsoft
Moving from Microsoft to Google is not the answer
Microsofters Say They Cannot Find a Job (That They Want) Because of Techrights, But Techrights Merely Reported on Their Behaviour
Quit pointing the finger at people who are recipients of abuse or merely mention the abuse
Free Software and Standards - Not Marketing Blitz - Needed Amid Growing Severity of Dependency on Hostile Suppliers (or Another Country's Sovereignty)
ZenDiS can be described as the "Center for Digital Sovereignty of Public Administration"
When It Comes to the Web, Google is Evil and It Destroys the Web's Integrity With LLM Slop
Even academia, which is meant to keep standards high, is being lured into LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 18, 2025
IRC logs for Friday, April 18, 2025
Links 18/04/2025: "Fentanylware (TikTok) Exodus Continues", Chinese Weapons Allegedly in Russia Already
Links for the day
Gemini Links 18/04/2025: Price of Games and State of Tinylog
Links for the day
Sounds Like IBM is Preparing for Mass Layoffs/Redundancies in Red Hat, Albeit in "PIP" (Performance Improvement Plan) or "Relocation" Clothing
This isn't the "old" IBM; they're applying pressure by confusion and humiliation
Gemini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
"Sayonara" (さよなら), Microsoft
Windows had fallen below iOS in some countries
Links 18/04/2025: Layoffs at Microsoft Infosys and Qt Becoming Increasingly Proprietary (Plus Slop)
Links for the day
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day