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

The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026