Bonum Certa Men Certa

Calling Software Patents 'Devices' or 'Computer-Implemented' to Get Past the Explicit Exclusions

This kind of rebranding strategy is nothing new

EPO on CII



Summary: How the term CII, or computer-implemented invention, is used to bypass/avoid a meaningful debate about patents on abstract ideas and algorithms (software patents) even in 2016

TECHRIGHTS was created with software patents in mind. The activism was all along focused on the subject. But some pundits are still dodging the term "software patents" and instead saying "computer-implemented" (like CII). The EPO used to do this a lot. It misleads, sometimes intentionally. This happens a lot in the United States, where the USPTO now receives instructions which are increasingly hostile towards software patents because they are abstract..



"Just ascribing a "machine" (sometimes "device") to some piece of code or combining code with a general-purpose computer oughtn't make the algorithms suddenly patentable."In Australia, in the mean time, efforts continue to achieve the unthinkable and make all software patentable. Mark Summerfield says that the "Australian Patent Office has recently issued two decisions resulting from applicants requesting to be heard following examination objections that their respective inventions did not constitute patent-eligible subject matter, i.e. a ‘manner of manufacture’ under the Australian patent law. Both decisions relate to electronic gaming machines (commonly known as ‘poker machines’ or ‘slot machines’), and both involve the question of whether particular computer-implemented features of such machines are patentable. They differ, however, in the outcome."

The above says the word "software" not even once (and it's a long article). It says "implemented" or "implementation" 15 times however.

Just ascribing a "machine" (sometimes "device") to some piece of code or combining code with a general-purpose computer oughtn't make the algorithms suddenly patentable. This is the kind of loophole embraced by the EPO and IPONZ, arguably in India as well.

Watch out for these dirty tricks.

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway" —Marshall Phelps, Microsoft

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
 
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025