Bonum Certa Men Certa

EPO Granting European Patents on Nature and on Thoughts

Summary: 'Artificial' nature and algorithms that make decisions 'artificially' become monopolies in defiance of common sense and the law; the aspiration is to facilitate as many lawsuits as possible, not rewarding or promoting science

IT IS very simple to demonstrate, based on quantitative data, that software patents in Europe are promoted under António Campinos a lot more often than under Battistelli. Corrupt management doesn't understand anything other than numbers (e.g. patents granted) and it measures "quality" in terms of speed -- the equivalent of a restaurant assessing the quality of its dishes based on the number served per hour. Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts or those on the receiving end of lawsuits rather than patents.



"Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts of those on the receiving end of lawsuits rather than patents."To make matters worse, the EPO is ruining lives by granting patents on life -- something which the USPTO too has been doing. The US patent office is nowadays granting patents on life itself and Kevin Noonan, who promotes this nonsense for a living, seems happy. He published "University of California/Berkeley Granted Another CRISPR Patent" several days ago and IPPro Patents' coverage said that "[t]he US Patent and Trademark Office has granted the University of California a patent covering RNA guides that, when combined with Cas9 protein, can be used in gene editing. [...] In the most recent ruling, the US Court of Appeals concluded that the use of CRISPR-Cas9 in plant and animal cells is separately patentable from University of California, Berkeley, scientists Emmanuelle Charpentier and Jennifer Doudna's use of CRISPR-Cas9 in any environment."

"Seed patent growth prompts litigation and licensing fears," said another new headline, alluding to the EU Biotech Directive and EPC:

European seed companies traditionally did not own many patents. The European Patent Convention and the EU Biotech Directive (98/44) sets out that plant varieties and essentially biological processes for plant production are excluded from patent protection – in stark contrast to other jurisdictions, such as the US.

The laws do not rule out patent protection on plant varieties altogether, but they did have the effect of severely limiting how many inventions seed companies could register in Europe.

These companies have instead relied on plant breeders’ rights (PBRs) for a long time to protect their inventions on the continent. Those rights grants them exclusive control over the propagating and harvesting material of a new plant variety so long as it is new, distinct, uniform and stable, and allow competitors to request and buy protected varieties to further breed and develop them.

But over the past five years, agritech has taken a massive leap forward and new tools have allowed businesses to more easily discover and replicate specific plant traits that may encompass several varieties. These traits and the technology used to find them can be patent protected in Europe.


As recently as weeks ago Campinos liaised with those who promote patents on seeds. Campinos, being anything but a scientist himself, can possibly use lack of understanding as an excuse (as Battistelli did).

"As recently as weeks ago Campinos liaised with those who promote patents on seeds."Does Campinos know what "AI" is? Does Campinos just use the term because the marketing industry does? In Lexology-syndicated coverage from Rothwell, Figg, Ernst & Manbeck, PC's Jennifer B. Maisel and Eric D. Blatt we continue to see law firms piggybacking "AI" in an effort to sell abstract patents. It's becoming easy as Campinos has just 'legalised' software patents by using buzzwords like "AI". He's helped by Battistelli-connected sites like IAM, which only days ago wrote tweets like [1, 2]: "Sarboraria - we did a study a few years ago on AI-related patent applications post-Alice and found allowance rates in mid-80% range. Shows that innovators should not be dismissive of patenting for AI related inventions because of [Section] 101 [...] 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..."

Even the hardware industry is nowadays (name-)dropping the term "AI" for marketing purposes. Sometimes they say "Machine Learning", which is a slightly different thing. They use these terms to market themselves; "European Patent Office Gives Guidance on Artificial Intelligence and Machine Learning" from Cooley LLP's Arthur Laycock and David Wraige (as mentioned here days ago) has been reposted in another site; all they care about is getting clients. World Intellectual Property Review wrote that "AI examination guidelines come into force at EPO" while mentioning "algorithms" explicitly:

Guidelines on the patentability of artificial intelligence (AI) and machine learning technologies came into force yesterday at the European Patent Office (EPO).

In its annual update of its examination guidelines, the EPO—for the first time—provided guidance for examiners on the fast-growing area of AI and machine learning.

According to the guidance, AI and machine learning are based on computational models and algorithms which are of an abstract mathematical nature, regardless of whether they can be "trained" based on training data.


These are just algorithms!

As Benjamin Hernion noted, "EPO replaces the EPC exclusions with the "technical" character, mentioned 10 times in here to make math and AI patentable https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_ii_3_3_1.htm …"

But algorithms are definitely forbidden a patent monopoly. So what is going on here?

"These are just algorithms!"The EPO is meanwhile boasting about yet another event that openly promotes software patents (monopolies on algorithms) in Europe by writing: "You're invited to join us for a thought-provoking day to discuss the issues involved in the global #patenting of emerging technologies and help define the way forward. For more info and to sign up, click here: http://bit.ly/indoeur"

This links to a page (warning: epo.org link) that says: "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 also tweeted about "AI" explicitly just before the weekend: "We have published this summary of our conference on patenting #artificialintelligence. Read it for the main takeaways from the event: http://bit.ly/AIpatents" (they call software patents "AIpatents").

"So the EPO basically allows patents on thoughts or minds or a thinking process."When will politicians intervene (if ever)? Last month IP Kat wrote about this nonsense and it has just received this reply from Wim Mooij, who wrote: "Part of the confusion originates from the strange way people treat results of a class of computer algorithms under the classification AI. These "AI" algorithms require inputs and the selection of the inputs determines the results. Before showing the results, there like has been a further selection process. The creative aspects are: conceiving the idea of using these tools, finding a set of meaningful inputs and filtering the results. Surely worthy of copyright protection."

But these are still algorithms; they're just being categorised as if that magically makes them OK with the EU Directive, EPC etc. There's clearly no "device" involved.

The following comment then says:

So the problem as I see it is that a work to which 9(3) applies has no human creator, and yet must still be original. This problem arises even in the not-so-AI computer games cases like Nova. But maybe there is no contradiction, if what is required is for the computer to demonstrate originality. This is in line with some definitions of what AI actually is - "AI seeks to make computers do the sorts of things that minds can do" [1] (things like produce original art in the copyright sense?).


So the EPO basically allows patents on thoughts or minds or a thinking process. As we shall demonstrate at a later stage, the other such term the EPO nowadays misuses is "Blockchain" and patents on software are being granted provided the applicant overuses such terms.

Recent Techrights' Posts

New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025