Bonum Certa Men Certa

Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

EPO examiners aren't shy to admit this decline in patent quality and abrupt departure from the European Patent Convention (EPC) [1, 2]

EPO quality letter



Summary: Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine

THE EPO and USPTO both use the buzzword (acronym) "AI" to go about granting software patents. Law firms and their clients are patenting software by consciously invoking this vague buzzword while EPO management sets up events to promote the practice (they also say "ICT", "CII", "4IR" and so forth).



This is not normal. It's not acceptable. They are bypassing laws and misleading everyone. The latest example of software patents being disguised as "AI" to fool patent examiners is about a day old (a press release that says "FICO Awarded Seven New Patents for Analytic Innovations in Fraud Detection and AI," then "FICO has been awarded seven new patents for fraud detection, AI and analytics"). FICO basically gets a bogus -- i.e. likely invalid -- monopoly on abstract ideas (courts would reject these patents), but unless PTAB receives a petition (IPR) FICO can engage in patent shakedown against rivals.

"FICO basically gets a bogus — i.e. likely invalid — monopoly on abstract ideas (courts would reject these patents), but unless PTAB received a petition (IPR) FICO can engage in patent shakedown against rivals."This week's Microsoft- and patent trolls-funded event of IAM also promotes software patents and here's Microsoft doing its 'share' of the task, dubbing software patents "AI".

"Microsoft’s Nicolas Schifano very clear on why much of AI is patentable," IAM wrote (and there's a photo there as well). There's still not a word from them about Battistelli's talk in support of software patents (using the latest buzzword); he was definitely there as scheduled. What's noteworthy is that IAM is now legitimising the judge-bashing Watchtroll. They're all in this together. A lobby of shame.

Unfortunately, words (or terms) like "AI" can be problematic even if examiners recognise these and throw away the papers (applications). Line managers, for example, can use Battistelli's buzzwords du jour (e.g. "ICT", "CII", "4IR") and then demand from patent clerks/examiners that they issue a patent/grant. The way things are going right now are profoundly depressing; the examiners are losing any pride associated with their job (work that is hard to replace because of exit conditions and the nature of contract they signed).

Yesterday we saw AA Thornton & Co's Leonita Paulraj writing about the EPO's patent assessment criteria, which are mostly overlooked/ignored by corrupt Battistelli (who only wants lots of grants in order to game the system). "In the recent past," Paulraj wrote, "the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages."

She emphasises that it's about pharmaceuticals and biotechnology way upfront:

This article considers how the EPO views the requirement of “plausibility”, which can arise during both the assessment of “sufficient disclosure” of the invention and “inventive step” in proceedings before the EPO, particularly in relation to inventions in the Pharmaceuticals and Life Sciences field.

The EPO Guidelines for Examination (EPO Part F-III, 12) state that if the claimed invention lacks reproducibility, this may become relevant under the requirements of sufficiency of disclosure or inventive step. If an invention lacks reproducibility because its desired technical effect as expressed in the claim is not achieved, this results in a lack of sufficient disclosure, which has to be objected to under Art. 83 EPC (sufficiency). Otherwise, i.e. if the technical effect is not expressed in the claim but is part of the problem to be solved, there is a problem of inventive step, which has to be objected under Art.56 EPC (inventive step).

[...]

The EPO has issued a number of decisions on plausibility, however, none of these decisions are conclusive. The question of plausibility is assessed by the EPO case by case.

From the decisions discussed above, it appears that even if a claim is non-obvious with respect to the prior art or in the absence of any prior art, the EPO could still refuse a case if it is not plausible at the date of filing that the invention does solve the problem it purports to solve.

Likewise, the requirement of sufficiency of disclosure must be met at the date of filing and if the application or patent is found later that it does not meet the requirement, it is no longer possible to correct this deficiency.

In the recent past, the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages.


From what we can gather, based on what sources tell us, the EPC is being violated routinely in the domain of software, with people like Grant Philpott on top of this colossal failure. Software patents are nowadays being granted routinely by the EPO, often in defiance of examiners' desires and sometimes in part due to buzzwords such as "AI", "ICT", "CII", "4IR". This is going to cause tremendous agony to Europe's already-weak (compared to the US) software industry. The US is meanwhile removing many of these artificial barriers (Alice, which we shall cover in our next post, axes many software patents), spurring a boom in investment for software businesses.

Recent Techrights' Posts

Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
 
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
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day