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

Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
 
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day