Bonum Certa Men Certa

Superficially Artificial or Artificially Superficial Patents on 'AI' Are Fake Patents

They won't hold water (would be rendered invalid if challenged in courts)

Atlantic ocean



Summary: Patent offices on both sides of the Atlantic are using hype waves to facilitate patenting of software that courts would almost certainly deem unpatentable

THE "AI" hype made a big comeback about a year ago. Suddenly a lot of things got called "AI" -- even things that weren't called that before!



The EPO and USPTO were quick to exploit this hype and actively promote it in conjunction with patents, even software patents in Europe and in the post-Alice/US 35 U.S.C. €§ 101 U.S. Patent and Trademark Office. How come? Well, all they care about is the number of patents. Quality does not seem to matter and rules can be disregarded if the applicant name-drops something like "AI". We wrote dozens of articles about it.

"EPO software patent party continues," Benjamin Henrion (FFII) wrote in relation to a puff piece that the EPO keeps linking to (it's from Watchtroll). "We need help countering this," I responded, seeing that not enough groups and people point out this lunacy. The article at hand speaks of "ICT inventions". "ICT" is one of the sneaky terms the EPO uses for software patents and here is what it said: "EPO Chief Operating Officer Mobility & Mechatronics: The challenge of ICT inventions in mobility patent applications is that we have to be able to deal with mixed technology & have our examiners trained to handle them."

Well, "examiners trained to handle them" as in forced to accept these or risk losing their jobs. "AI" is also one of the sneaky terms that the EPO uses for such patents and Friday was no exception. The EPO wrote: "The main challenge for patent offices from AI will be its rapid growth across a range of technical fields. More on how the EPO is well prepared to face this challenge here..."

It's pretty remarkable how often the EPO promoted software patents since António Campinos had started his term. He is absolutely fine with it.

Over in the US, patent maximalists (mostly the large law firms) still try 'puling a Berkheimer' (and Aatrix) to lie about software patents having legal 'teeth'. Here's the latest example of it that we found earlier today:

One of the hottest and most controversial topics in patent law in recent years has been the question of patentable subject matter: Exactly what innovations can be patented?


In the area of software almost nothing -- a subject we'll explore in greater depth (citing new court cases) later this weekend. A very recent post by Charles Bieneman ("Overcome Alice by Talking up Technical Benefits") shows how they try to come up with workarounds (around US 35 U.S.C. €§ 101). From Bieneman's concluding words: "Anything you can put in your specification about how claimed subject matter makes hardware bigger, better, faster, or stronger may be very helpful supporting a patent-eligibility argument."

So it's the classic trick of trying to make code sound physical -- the oldest trick at the EPO.

"Are Database Systems Patentable?" That's Law.com coverage to this effect after a recent high-profile case (finding database patents invalid). Beyond the headline we just have a patent maximalist dancing around the question to which to short answer is "No!" (and these lawyers know it).

This brings us back to the "AI" metaphor or buzz. Watch how, in this new press release [1, 2], Iveda is disguising abstract patents (which are bunk) using buzzwords like "AI". We are going to see lots more of that in months if not years to come. Sometimes they can't possibly make claims about the code pertaining to hardware (physical), so instead they speak of mere concepts like "AI" -- a concept that can cleverly be spun to refer to just about any computer program. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
 
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs