Bonum Certa Men Certa

The EPO Lost Any Sense of Shame About Granting Patents on Software, Which It Openly Welcomes and Even Encourages

They just refrain from using that particular term ("software patents")

EPO on CII



Summary: “Global patenting and emerging technologies” conference in Munich seems to be all or mostly about algorithms; software patents are also being granted and there's no denial of it, there's no sense of shame over it

THE EPO has become even worse than the USPTO when it comes to granting abstract patents. At the USPTO there are at least examiners who bring up €§ 101 and reject applications based on it. Not at the EPO.



There's a new event being advertised by the EPO. This upcoming event was advertised just before the weekend. This is a propaganda event. The corresponding page (warning: epo.org link) uses the typical buzzwords (ICT, 4IR, AI and so on) and the tweet says: "We're delighted to have such a great line-up of speakers for our upcoming “Global patenting and emerging technologies” conference in Munich on 29 November..."

What's in it? Here they go again:

The 4th Industrial Revolution continues to gather momentum, and the digital transformation is affecting all aspects of life, as shown by the EPO’s report on "Patents and the Fourth Industrial Revolution". Information and Communication Technologies (ICT) are converging with all traditional areas of technology.

This provides opportunities for emerging technologies such as Artificial Intelligence, capable of “Machine Learning” and optimising systems too complex for manually programmed algorithms; and Blockchain, for digital-speed processing of secure transactions.


The EPO's management basically tells people (applicants for instance) to put certain terms in their invention descriptions (or applications) for abstract patents to be granted on algorithms. On Friday the EPO wrote: How do you draft a patent application for blockchain technology and should you consider other forms of IP protection too? We'll be discussing that and more in The Hague on 4 Dec: http://bit.ly/EPOblockchain18 pic.twitter.com/OiXvxYoARr"

EPO management also urges applicants to call algorithms "AI" and assures applicants along the lines of, "we'll bully our examiners to grant/enshrine that as a patent monopoly" (never mind whether or not courts will later object, if that even reaches a court at all and perhaps the EPO hopes to replace national courts with a crooked UPC). On Friday the EPO wrote again: "The EPO’s first-ever conference on the impact of #artificialintelligence on the patent system was intended to open up a discussion on this topic. You can read the main conclusions from the event here: http://bit.ly/AIpatents pic.twitter.com/NU3jTyh7Fb"

There has been a lot of rubbish like this lately -- so much that European law firms exploited the opportunity to promote themselves by googlebombing "AI" in relation to the EPO. They want applicants to come to them. Just before the weekend Frances Wilding and James Ward (Haseltine Lake LLP, which has been reposting stuff quite a lot lately) wrote about the EPO further cheapening patents and/or tossing out patent quality. Everything is in the mix: "CII", "4IR", not to mention the above ("blockchain" and "AI").

To quote:

Computer-implemented inventions (CII)

CII generally involve software developments and can relate to almost any field of technology. An EPO report ("Patents and the Fourth Industrial Revolution, The inventions behind digital transformation" December 2017) recognizes that "innovation in the enhancement of products and processes is increasingly taking place in the virtual layer of software, rather than in any hardware components." and "A large proportion of current inventions are therefore based on software implementation." How the EPO deals with CII is probably of greater importance now than at any earlier time.

[...]

Issues pertaining to these "non-technical" subject-matters arise not infrequently in relation to CII. The aim for EPO examiners and applicants is to assess and ensure that a claimed CII does not fall on the "non-technical" (and hence inherently unpatentable) side of the line but falls on the "technical" (and hence potentially patentable) side of the line. The relevant EPO policies and practices for distinguishing between "non-technical" and "technical" have evolved over many years. Briefly, to fall on the "technical" side of the line, the claimed invention should find application in a field of technology and involve some aspect of "technicality" - technical character, technical contribution, or technical purpose.


This is the set of "Updated Guidelines For Examination At The EPO In Force 1 November 2018" that Wilding and Ward speak of. Software patents seem like the main 'feature' of that. It hardly surprises us, seeing for example how the EPO's advocacy of software patents doubled if not trebled when António Campinos became President back in July.

Recent Techrights' Posts

Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025