Bonum Certa Men Certa

Today the EPO Has Officially Lowered Patent Quality by Allowing Software Patents by Means of Dog Whistles

Reference: Dog-whistle politics

Summary: The introduction of software patents by means of buzzwords and hype officially starts today; the patent microcosm is pleased and is eager to use that to market its services to hopefuls and opportunists across the world (even patent trolls)

THINGS are looking rather promising for proponents of software patents in Europe, such as António Campinos and the man who gave him the job, corrupt Battistelli.



"What on Earth does today's EPO aspire to become? What does it model itself after?"The EPO boasts -- yet again -- that it works or caters for Texas (event not far from the Eastern District, which uses USPTO-granted abstract patents to attract patent trolls). What on Earth does today's EPO aspire to become? What does it model itself after?

We kindly ask EPO insiders to debate these issues and air concerns because if Europe starts to resemble Texas (or the 'new Texas'), then we're all in trouble, including EPO examiners. The EPO isn't a "candy store" for patents; it wasn't supposed to be anyway. Patents should be a special case, reserved to particular domains and dispensed conservatively, not as a matter of abundance.

Having watched with concern the past 2 days' news, we've come across Potter Clarkson LLP's Saiful Khan (litigation 'industry') welcoming the EPO's decision to violate the EPC and European directives against software patents. It's mostly behind paywall and under the headline "AI gets welcome EPO guidelines debut" (AI being a dog whistle for software patents).

The latest version of the European Patent Office’s Guidelines for Examination, valid from 1 November 2018, contains, for the first time, direct…


Jennifer Maisel and Eric Blatt also wrote about the EPO's decision to violate the EPC (software patents are not considered acceptable -- not really -- and being 'inclusive' towards these means abandoning patent quality). To quote their article:

Innovators in artificial intelligence and machine learning technologies should take note of the European Patent Office’s recently published guidelines for artificial intelligence and machine learning, effective Nov. 1, 2018


That's today.

Copyright law is enough for software developers; software patents are an abomination and those who promote them actively attack the trade of programming and by extension science/technology. Here's what IAM, the patent trolls' lobby, wrote about software patents under the guise of "AI": "Last panel of the day - @Google’s Aaron Abood, @Arm’s Robert Calico, @intel’s Helen Li and Kenneth Lustig from @realwearinc discuss the IP challenges when protecting AI..."

By "protecting AI" they mean patenting software; it's pretty obvious given the context, on which we'll expand this coming weekend. Cooley LLP too seems happy that the EPO under corrupt management openly welcomes software patents; applicants have long relied on buzzwords (words/terms like "ICT", "technical effect", "4IR, "IoT" "AI" and so on) to do it. Now there are new rules:

For the first time, the European Patent Office (EPO) has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018.

In order to receive a European patent for an invention, the invention needs to be novel, inventive and susceptible of industrial application. As part of meeting these requirements, the claimed subject-matter needs to have a technical character as a whole. The new guidance helps to assess whether inventions relating to artificial intelligence have the necessary technical character.

[...]

The EPO's new guidance makes it clear that the use of artificial intelligence and/or machine learning technologies themselves is not enough to provide the technical character that the EPO looks for in order to grant a patent. However, a technical application of artificial intelligence and/or machine learning is likely to be considered to have a technical character if the application results in a solution to a technical problem. As is usual with European patent practice, it is necessary to include in the claims the technical features that solve the technical problem.


So welcome to the new guidance or guidelines, whose net effect is lower patent quality. Perhaps Battistelli will open champagne for that; just perhaps.

Recent Techrights' Posts

Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
 
New and Old
On Ageism in Tech
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed