Bonum Certa Men Certa

Using 'Hey Hi' (AI) and Mindless Buzzwords to Spread Confusion and Blur the Gap Between Computer-Generated Patents and Patents on Algorithms

It's... just... "MAGIC!"

Forgotten Magic



Summary: The patent 'industry' (people who sue for a living, or instead shake down people/firms with expensive lawsuits as deterrents) is intentionally lying to us all; nowadays it loves leveraging the media's 'darling' buzzword, 'Hey Hi' (AI), describing it as some sort of magic that merits lots of worthless patents

THE European Patent Office (EPO) has long sought to violate the EPC, e.g. by misinterpreting it, then grant loads of fake patents on abstract things. António Campinos is even more shameless about it than Benoît Battistelli. Campinos is one heck of a snake and since he never coded anything he can use his ignorance as an excuse for granting software patents in Europe. Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like...



"Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like..."I've done machine learning for a very long time (in 2003 I already wrote papers about it) and the term is actually a lot more meaningful than "Hey Hi", which is nonsensical fluff that goes back to the dawn of computing. It's the basic idea that computers can emulate some process humans otherwise do, e.g. playing chess (I wrote some computer programs that do this as far back as 2001 when I was a teenager). What's inexcusable is this bizarre resurgence in shallow media (bogus 'journalism') in recent years. A couple of years ago they started calling just about everything "Hey Hi", just as a decade or so earlier they began rebranding almost everything "cloud" and software became "apps"...

"The debate is, as usual, being hijacked by the patent (litigation) 'industry'..."This superficial transition from meaningful (relatively technical) terms to buzzwords and pure hype isn't an accident; it's a deliberate marketing strategy and a lot of it is geared towards surveillance as a business model. Patent lawyers too were fast to take advantage of these rebranding campaigns, calling it or hailing it all as some kind of "industrial revolution" (leading to fluff like "Industry 4.0" and "4IR"). This may seem funny, but there's a very nefarious and sinister angle to it all. So it isn't down to mere amusement...

The debate is, as usual, being hijacked by the patent (litigation) 'industry'...

As recently as yesterday we saw Anastasiia Kyrylenko at IP Kat as CIPA (Chartered Institute of Patent Attorneys) megaphone, noting yesterday that:

On June 24th, the Chartered Institute of Patent Attorneys and Dr. Rhiannon Turner will be holding an online event to discuss the recent EPO EBA decision in G3/19...


Separately, another site advertised a "webinar" (basically "dude with a webcam") about "EPO Case Law on Priority" by:

Christopher Rennie-Smith, European Patent Consultant, former Chairman and legal member of a Technical Board of Appeal of the EPO; former member of the Enlarged Board of Appeal of the EPO



Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning). It's likely that later this year -- weeks or months from now -- these boards will issue a ruling and determination on the subject of software patents pertaining to simulation. We already know in which direction the Office dictator pushed them...

"Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning)."Yesterday we reviewed the news only to find this nonsense pushed through Lexology under the headline "Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions" (notice how they're using misnomers and conflating different things). The author is clearly not a coder and he jumps from one topic to another seamlessly; for instance, notice how he speaks of "computer implemented inventions" and then immediately leaps to joint inventions and computers as inventors (totally unrelated aspect). Have a look at the gobbledegook, with our comments below:

“It’s only AI when you don’t know what it does, then it’s just software and data” remains a useful heuristic to get to grips with AI algorithms. In legal terms, AI is a combination of software and data. An algorithm is a set of rules to solve a problem. The implementation in code of the algorithm is the software that gives instructions to the computer’s processor. What distinguishes an AI algorithm from traditional software is first, that the algorithm’s rules and software implementation are themselves dynamic and change as the machine learns; and second, the very large datasets (‘big data’) that the AI algorithm processes. The data is (i) the input training, testing and operational datasets; (ii) that input data as processed by the computer; (iii) the output data from those processing operations; and (iv) insights and data derived from the output data.

[...]

Use of algorithms may result in new inventions and the question arises whether computer implemented inventions are capable of patent protection. S.1(2)(c) Patents Act 1977 (‘PA’) excludes “a program for a computer” from patent protection to the extent that the patent application “relates to that thing as such”.[v] This has led to a line of cases in the UK since 2006 which has sought to establish and clarify a test for determining the contribution that the invention makes to the technical field of knowledge (potentially patentable) beyond the computer program “as such” (not patentable).[vi] If the invention is potentially patentable on this basis, s.7(3) PA provides that:

“[i]n this Act “inventor” in relation to an invention means the actual deviser of the invention and “joint inventor” shall be construed accordingly”

and s.7(2)(a) PA provides that a patent for invention may be granted “primarily to the inventor or joint inventors”. US law is more specific in defining (at 35 USC €§100(f) and (g)) “inventor” as “the individual or, if a joint invention, the individuals collectively who invented the subject matter of the invention”. The context of s.7(3) PA means that the “actual deviser of the invention” should be a “person” and there is no regime similar to that for copyright for computer-generated works.

Again, the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works.


Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal). First he alludes to "computer program “as such” (not patentable)."

He then says "the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works."

"Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal)."How did he jump from the question of patents on algorithms to whether or not the patents are generated by a computer (as opposed to covering work done on a computer)? We've seen similar conflation put forth by the EPO's clueless managers, some of whom have zero experience in technology and just training in the British Army. Who needs managers with a clue anyway... right? Understanding restricts "useful" misunderstandings... and it can harm so-called EPO 'production'...

An article (promotion, sales, marketing) entitled "Protecting AI inventions" was pushed through IAM and then pushed through Lexology. It's not an objective analysis and this was all along just a self-promotional piece from Effectual Knowledge Services Pvt Ltd which says the following:

From tools and services to products and consultancies, AI has created a number of revenue-generating opportunities. It has already simplified a number of tasks and now, with the help of neural networks, it is inventing new ways to solve problems. Further, certain privileges have been granted to corporate entities (eg, Facebook and Google) so that they can defend themselves in court. It therefore follows that AI should be able to own its patents. However, debate is ongoing and requires considering where the line between creation by human and machine should be drawn and how much (or little) human input or guidance is required.

Recently, there was a case where the EPO refused European patent applications EP18275163 and EP18275174, which designated DABUS – a machine described as “a type of connectionist artificial intelligence” – as an inventor. One application was for a new type of beverage container based on fractal geometry and the other was for a device for attracting enhanced attention signals, which could be helpful in search and rescue operations. Similarly, the USPTO and UKIPO have disqualified patent applications on the grounds that a non-human cannot hold inventorship as per these countries’ laws.


So it speaks of "neural networks" and stuff, then argues "AI should be able to own [sic] its patents," so here again we enter the laughable world where "Hey Hi" gets personified and framed as some sort of magic. This would typically be just funny, but in this case it is dangerous because patent maximalists who profit from more and more and more patents exploit misconceptions and lies to turn the whole patent system into a laughing stock. This, in turn, can make the whole thing collapse. It makes the system obsolete.

"The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents."The patent system wasn't conceived as a framework for giving monopolies on mere thoughts or nature or maths and it wasn't made to reward some abstract concept of an algorithm (mis-framed as "Hey Hi").

The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026