Bonum Certa Men Certa

The António Campinos-Led EPO is Over-Relying on Bogus and Abstract Software Patents to Fill the Gaps

Creating more paths (mostly buzzwords) for dodging well-understood restrictions

Mind the gap



Summary: In an effort to bypass courts (while lobbying for dubious courts like the UPC) the EPO continues to issue a lot of software patents, typically calling these something like "artificial intelligence" (almost any algorithm can be called that with sufficient verbal creativity)

THE EPO's management certainly knows the restrictions on software patents in Europe, which is why this management keeps coming up with workarounds, notably lingual wizardry. We wrote a lot of articles about it (several dozens) when Battistelli was still in charge; prior to him, back in the Brimelow days, "as such" was the only notorious term being brought up. Sacrificing patent quality for the sake of something else is never ever a good idea. Ever! It's a compromise on justice itself.

“The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents.”
      --Anonymous
The brainwash machine of the EPO isn't doing too well. IAM has in fact just 'gone dark' (no access to articles, RSS feeds deleted) and greenwashing by the EPO is far too shallow. Here's an example from yesterday to which I responded with: "Granting a monopoly on a solution to climate issues isn't helping. It's arguably making things worse..."

The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents. They have already done that twice by midday today. It has gotten a lot more frequent since António Campinos took over. It's a sharp difference (we tracked these things closely under several years of Battistelli as well). They did that at least three times on Monday (yesterday), with examples including this tweet: "Takeaways from the EPO's event on patenting #ArtificialIntelligence provided by Grant Philpott, Chief Operating Office ICT at the European Patent Office..."

Grant Philpott is pushing/promoting software patents again; they're linking to an old YouTube video with barely any views after 3 weeks online (about 5 views per day after the video was promoted, totaling 90 views when we last checked). Then there's this tweet: "Patenting #artificialintelligence: how do EPO and industry experts view this fast-growing phenomenon? Find out here: http://bit.ly/AIpatents"

Those are just software patents. The EPO's official account and Web site are pushing/boosting such patents yet again and people see past the stupid buzzwords. Here's one response to it: "TL;DR : 🤑🤑🤑🤑. ( I didn't actually read it but it's an easy guess :) ) How should normal people view €« Patenting #artificialintelligence €» ? : 😱😱🤬😱😱"

Watch what the EPO retweeted only a few hours ago (in French).

Then (also yesterday) the EPO together with patent zealots from the US (Intellectual Property Owners Association) carried on pushing "CII and AI" (acronyms that mean computer-implemented inventions, a.k.a. software patents, and artificial intelligence).

"If you work in patents and have stakeholders who do business in Europe, then this event is for you," they said. The EPO promoted this again a few hours ago. They help American companies pursue software patents in Europe (to then potentially sue software companies in Europe). The Intellectual Property Owners Association was mentioned by Patent Docs yesterday in relation to this upcoming webinar on dodging quality control at the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) often intercept software patents. "The Intellectual Property Owners Association (IPO)," it said, "will offer a one-hour webinar entitled "From BRI to Phillips at the PTAB: Consequences for Practice" on September 6, 2018 from 2:00 to 3:00 pm (ET). Eric Cohen of Brinks Gilson & Lione, Kevin Greenleaf of Dentons US LLP, and Shaun Zang of Goldman Ismail Tomaselli Brennan & Baum LLP examined dozens of litigations in recent years where both district courts and the PTAB construed the same patents, and will provide useful insights as the PTAB is expected to switch from BRI to Phillips in post-grant proceedings this fall."

They will be looking for new ways to work around PTAB, that's for sure.

Another patent maximalists' site, Managing Intellectual Property, has meanwhile published: "Dmitry Andreev discusses issues in patenting blockchain-related technologies, and explains how to avoid the most common grounds of rejection" (this too is behind paywall, albeit nowhere as a extreme a paywall as IAM's new one).

This patent maximalists' site is pushing software patents again, but it suggests disguising these using buzz like "blockchain" and "AI" (same thing EPO exploits to rebrand algorithms these days). Then came another article, this one a puff piece of Patrick Wingrove in the form of an interview.

"AI plays a bigger role in making them," this patent maximalists' site says, using the buzzword "AI" to promote patents on medicine that's not necessarily even novel. This is so typical yet still nauseating.

If that's not bad enough, watch what Managing Intellectual Property has just published regarding Alice: "Section 101’s power wanes after Berkheimer" (we've already published several rebuttals to it based on numbers from the patent microcosm itself [1, 2, 3]).

Ellie Mertens and Michael Loney from the patent maximalists' site have just pushed semi-truth or a lie about Berkheimer. If often seems like not only patent lawyers are liars but also people who write about patent lawyers and "engage" with them. Perhaps lying is an art form and this is what people pay $200/hour for. Hire a liar. From their summary (outside the paywall):

New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate


The negligible decline they cite has nothing to do with this case (Berkheimer), but "alternative facts" seem popular among patent law firms with an agenda. Or propaganda sites like IAM, which unfortunately went completely dark and are thus impossible to track and correct (face-check) anymore. They just want to write exclusively to those who pay them to write a bunch of nonsense; they cannot afford outside scrutiny. Maybe Managing Intellectual Property is the next site to go completely dark (they added the partial paywall about a year ago, but we still get the gist of their slant).

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024