Bonum Certa Men Certa

Pro-Litigation Front Groups Like CIPA and Team UPC Control the EPO, Which Shamelessly Grants Software Patents

Summary: With buzzwords and hype like "insurtech", "fintech", "blockchains" and "AI" the EPO (and to some degree the USPTO as well) looks to allow a very wide range of software patents; the sole goal is to grant millions of low-quality patents, creating unnecessary litigation in Europe

THE death spiral of patent quality is overseen by Iancu and Campinos, two non-scientists who head the USPTO and EPO, respectively. The only quantity or currency they understand is money. Campinos, being a former banker himself, would no doubt drool over the amounts of money gained by just printing papers (European Patents). It doesn't seem to bother them that 35 U.S.C. €§ 101 and the EPC should in principle deny US patents that are abstract (like algorithms) and software patents in Europe. Those 'pesky' laws are just 'obstacles' when one's objective is to maximise revenue, not quality, innovation etc.



"Those 'pesky' laws are just 'obstacles' when one's objective is to maximise revenue, not quality, innovation etc."The U.S. Patent and Trademark Office, which deals with trademarks as well as patents, makes over 3 billion dollars (latest figures) in exchange for granting man-made monopolies, mostly to large corporations that bully rivals (money out of nothing). It's great, isn't it? Money by the billions... for just printing things.

IPPro Patents has just repeated self-promotional claims about "insurtech" -- a fairly new buzzword for what typically alludes to fake/bogus patents on software and/or business methods. We mentioned "insurtech" some days ago; it's similar to "fintech", which we'll come to in a moment.

We'd like to focus on the EPO, however, because its software patents extravaganza truly went out of control last week. On Thursday, for example, half of its tweets promoted such patents. The EPO promoted (RT) this tweet which said: "We are teaming up with @EPOorg to deliver an online services workshop, making online filing easier to understand. Join us on 14 or 15 Nov at @TheCIPA in #London."

"Remember that someone from UK-IPO becomes a Vice-President at the EPO next month."So this coming week UK-IPO will do a 'workshop'; CIPA is a litigation 'industry' front group and the EPO is notoriously corrupt. Not too wise for UK-IPO to associate with either of these (as opposed to scientists), but this is where we are today...

Remember that someone from UK-IPO becomes a Vice-President at the EPO next month.

And another event is coming. It's called “Global patenting and emerging technologies”, but the corresponding page makes it very clear that by "emerging technologies" they mean software patents. The EPO already promotes this; it's advancing software patents very shamelessly (if not aggressively) in this event. Those are disguised using buzzwords, as usual.

On Friday the EPO wrote: "Speakers from @Siemens , @Samsung , @Tatacompanies, @Wipro and @Ericsson will take to the stage at our "Global patenting and emerging technologies” conference in Munich. To book your place, go to http://bit.ly/indoeur pic.twitter.com/kAiLXNxtfz"

They also asked: "Are you involved in patents and #blockchain developments?"

"So that same old "AI" and "blockchain" nonsense has also been interjected into the Patent Information Conference."By "blockchain developments" they mean software development -- something on which they're marketing patent monopolies; this was also promoted in the following tweet: "The @EPOorg has an exciting agenda for next week's Patent Information Conference in Brussels! #AI, #blockchain, #textmining and more: bit.ly/2RqxlmP Visit us at stand 4 to hear what's coming in 2019! #patents pic.twitter.com/dB3PBxbNSj

So that same old "AI" and "blockchain" nonsense has also been interjected into the Patent Information Conference. They know why they do this. The law firms gleefully play along. James Gatto (Sheppard Mullin Richter & Hampton LLP) is now reposting in more sites his article titled "10 Lessons On Blockchain And Open-Source Licenses" (mentioned before in Techrights). JD Supra (press release/coverage) is the latest. They falsely assert that such patents are compatible with Free/Open Source software. Meanwhile in the US Salesforce is getting bogus patents or software patents disguised by buzzwords/hype like "blockchain". Here's one example:

U.S. software company Salesforce has won a patent to detect spam emails using blockchain technology. The patent filing was published on the U.S. Patent and Trademark Office (USPTO) website Tuesday, Nov. 4. Salesforce, which offer its customers is a cloud-based mailing platform, patented a solution that allows for the detection of whether an initial email was modified while being sent. In addition, the blockchain-driven program could help improve the existing filters that often fail to distinguish between spam and regular emails, such as promo letters.

As explained in the technical part of the document, to assure the authenticity of the message, the first email message server will record a selected component of the current message into a block to get other nodes’ approval. When the second server receives the message, it checks the blockchain record to find out whether the data has been replaced. If the two messages match, the email is marked as wanted. If the content has been altered, the mail goes to the spam folder.


"Salesforce Awarded New Blockchain Patent For Blocking Email Spam via Custom Matching System," another article said (specialising in this area). It explained this as follows:

Salesforce, a giant of the software industry, has recently been awarded with a patent that will outline how a platform based on the blockchain technology could be used in the prevention of spam and other unwanted emails that fill up people’s inboxes with trash.

The document that outlines this story was published Tuesday, November 6, by the U. S. Patent and Trademark Office. According to it, the idea is to create a platform powered by the technology of the blockchain that can be used to check your emails and their integrity (in the case of malware) using a matching system.


These are very obviously software patents and the USPTO oughtn't be granting these (Section 101). We saw many articles about this last week, e.g. [1, 2, 3, 4, 5, 6, 7, 8]. Funny how nobody mentioned that these patents oughtn't be allowed? Too mesmerised by hype waves? Here they go again:

This platform is going to use a blockchain matching system to determine if emails are being sent legitimately to the address owner. When a user sends emails, part of it will be recorded on the blockchain. As soon as the second server receives the message, it will cross-reference it with a component and determine if it matches the part of the email that was saved on the blockchain. As long as the component matches, the email will be forwarded to the inbox. If it doesn’t match, it will be marked as spam. The system makes sure that messages are not modified during transit from one server to the other.


This is very clearly an algorithm. How can anybody claim otherwise?

Another example of patents on algorithms being granted came out a few days ago in the form of a press release/publicity with buzzwords like "bank, fintech, retail, and cloud service customers."

"This is very clearly an algorithm. How can anybody claim otherwise?"This speaks of "detection algorithms. BehavioSec has also received new patents related to its new capabilities."

Well, software patents are bunk. Section 101 applies it they themselves call it "algorithms". See the press release [1, 2]. Are they no longer shy to use the word "algorithms", even in the post-Alice era? How about IronClad's latest press release that says: "IronClad Encryption Corporation (OTCQB: IRNC), a cyber defense company that secures digital assets and communications across a wide range of industries and technologies, today announced that it has received notice from the United States Patent and Trademark Office that six of its patents have been allowed and should be issued by the end of the year."

But those are software patents.

"Section 101 applies it they themselves call it "algorithms"."Going back to the EPO, notice how it's again bringing up "AI" by saying: "A summary of the EPO’s first conference on patenting #artificialintelligence as well as recordings of the keynote speeches, panel discussions and Q&A sessions are now available here: http://bit.ly/AIconf pic.twitter.com/3gS9IcMdwu"

Mark Bell from Dehns (Team UPC) has meanwhile encouraged -- yet again -- software patents in the UK. He does so even though they're not worth a quid; he uses EPO-promoted buzzwords like "AI" to mislead potential clients when he writes (e.g. in Mondaq):

Artificial intelligence (AI) and machine learning are very much growth technologies that are being exploited in many different industries. These techniques aim to replicate the intelligence and learning capabilities of humans in machines and computers. Examples of uses include speech recognition, self-driving cars and robotics.

It follows that new inventions using AI and machine learning will be the desired subject of patent protection from companies investing in these technologies. However, not all jurisdictions allow these types of "inventions" to be patented. For example, there are restrictions on being able to obtain patents for pure computer software, in which AI and machine learning will often be implemented. Handily, in Europe, the European Patent Office (EPO) publishes their "Guidelines for Examination" which set out how the patentability of such inventions should be examined.

A recent update to the examination guidelines includes, for the first time, a section on how patent applications directed towards inventions for AI and machine learning in particular should be assessed. This section notes that the computational models and algorithms behind AI and machine learning (e.g. neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis for classification, clustering, regression and dimensionality reduction) may be of an abstract mathematical nature and thus prohibited from being granted patent protection.


These people (like Dehns) continue to rely on bypassing actual patent courts; they still fantasise about an EPO-connected UPC -- one that would accept software patents. Lexology has just carried this article of Wrays' Phil Burns on "The impact of BREXIT on UK & European patents"; well, the UPC is dead, but EPs -- whose rapidly-declining quality is a growing concern -- are still a threat to Brits. It doesn't bother these law firms because such threats are something for them to gain from (financially). They 'monetise' threat and risk.

"...the EPO isn't too concerned about facts. All it cares about is money and if the law stands in the way, then it will construct some phony justification for ignoring or working around the law.""Kluwer Patent blogger" (typically the patent zealots from Team UPC who profit from litigation) has just joined in, trying to make excuses for the EPO granting software patents in defiance of EPC (the law/legislation today's EPO is based upon). A days days ago it said:

As these models and algorithms “are per se of an abstract mathematical nature, irrespective of whether they can be ‘trained’ based on training data”, the guidance concerning mathematical methods (G-II 3.3) – which are generally excluded from patentability, applies.

However, “If a claim is directed either to a method involving the use of technical means (e.g. a computer) or to a device, its subject-matter has a technical character as a whole and is thus not excluded from patentability under Art. 52(2) and (3).”

The new guidelines give two examples of technical application of AI and ML: “For example, the use of a neural network in a heart-monitoring apparatus for the purpose of identifying irregular heartbeats makes a technical contribution. The classification of digital images, videos, audio or speech signals based on low-level features (e.g. edges or pixel attributes for images) are further typical technical applications of classification algorithms.”


That's just a bunch of algorithms; I should know, having developed some a decade and a half ago. But the EPO isn't too concerned about facts. All it cares about is money and if the law stands in the way, then it will construct some phony justification for ignoring or working around the law. The mistreatment of EPO staff proves to be a consistent pattern at the EPO. Lawlessness is now 'normal'.

Recent Techrights' Posts

What EPO Staff, the Staff Union of the European Patent Office (SUEPO), and Europe Want and Need
Who should be served by patents?
SLAPP Censorship - Part 49 Out of 200: Two Americans, One Case, Recycled for Low Budget at Brett Wilson LLP and 5RB Barristers
Change one character, bill the client tens or hundreds of thousands of US dollars
 
Improving the Sites, Not Bloating Them
Sites need to evolve over time. Many conflate evolution with bloat (as if more complexity is desirable).
SLAPP Censorship - Part 50 Out of 200: The Time Staff of Law Firm Burgess Mee Was Showing Up in Letters Sent for a Serial Strangler From Microsoft
Family-friendly? No.
Next Week the Star of the "EPO Reality TV Show" Will Likely be Absent (Absconding the Tough Reality of Widespread Unrest)
He tarnishes the legacy of that surname and the country's image by spouting out lies and hurling abusive insults (lots of the "f word") at staff
Speculations That IBM's CEO is on His Way Out
IBM has mass layoffs, but the media is not covering this [...] IBM is a company in the loo, a firm in a state of rapid disintegration
Slopwatch Was Deprecated, It's Not Coming Back
LLMs that produce many words very fast (and waste a lot of energy in the process) cannot compete with authentic news sites
WELCOME to The Cyber|Show @ Geminispace!
Andy set things up this past week
Links 18/04/2026: Microsoft's PR Department (Waggener Edstrom) and CEO's Wife Buys NPR (BillPR, Now BallmerPR) as Independent/Public Service Media Dims Down
Links for the day
Gemini Links 18/04/2026: Chronic Pain and CodingFont Game
Links for the day
Links 17/04/2026: "I Hate the Internet" and Fake Wallet in Apple App Store
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 17, 2026
IRC logs for Friday, April 17, 2026
European Patent Office (EPO) Strikes and Other Industrial Actions Are Working: Patent Application Grants Have Collapsed
Even before the strikes happened any day of the week
Pension Contribution Increases as Another Attack on Compensation for EPO Staff (Mostly Patent Examiners)
Pension contribution increases!
Almost 1,000 IBM Layoffs Not Newsworthy (Nobody Covers It), Unlike When Snap Does It and Mentions a Celebrated - or Reviled - Buzzword
not a word regarding IBM layoffs
Behind the Scenes With Richard Stallman
If you support his ideas, even if you dislike him as a person, then you'll welcome his ability to speak about those ideas
Gemini Links 17/04/2026: "Many Problems and Inequities in the Legal System", "No Place to Hide"
Links for the day
Links 17/04/2026: SRA Breaks Its Own Rules as Solicitor Attempts Suicide, IPv6 Barely Hits 50% After 20+ Years
Links for the day
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026
Strikes at the EPO Carry on, Staff Union of the European Patent Office (SUEPO) Increases Pressure Ahead of Technical and Operational Support Committee (TOSC) Meeting Next Week
the local section The Hague (or SUEPO TH) wants to rally many staff members
Gemini Links 16/04/2026: LLM Nuisance, Identity Systems (Surveillance), and Why Windows is Failing
Links for the day
'Going Offline' is Not Primitivism
Computers are good at automation, but people are not robots
The Register MS Has Published Article With "AI" 18 Times in it, "Cloud" 9 Times. It Got Paid to Do This.
What happened to journalism?
In Europe, More People Turn to Russia for Answers, Not Microsoft
The future of computing doesn't look pretty
SLAPP Censorship - Part 48 Out of 200: Brett Wilson LLP and 5RB Copy-Pasting Bogus Claims for Violent Americans (Microsoft) Who Tell Women to Kill Themselves
Microsoft's Graveley telling his partner to kill herself is probably a crime
The EFF Is Hardly Doing Anything Anymore
Our series about the EFF has been brewing for over 2 years already
Microsoft Uses Slop to Bribe (at No Cost) Nations That Otherwise Would Move to GNU/Linux and IBM is Forcing Red Hat Staff to Use Slop
Life it too short to waste "consuming" slop
Links 16/04/2026: Roblox Launching ‘Roblox Kids’ Accounts and "Deepfake Nudes Crisis in Schools"
Links for the day
Red Hat Staff: IBM Red Hat Laid Off About 400 Engineers, the Media Did Not Cover This
The media is not doing its job or doing a really shoddy job
Gemini Links 16/04/2026: Nocturnal Pulse, Unpersoned Outlaws, and Monaspace Lagrange Fontpacks
Links for the day
Richard Stallman Lecture in GDC Auditorium in Austin, Texas
corporate power could not 'cancel' the man
It's Not About the Head, It's About the Masters (and Funding)
Regardless of who the OSI claims to be its leader, its masters are Microsoft, just follow the money
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 15, 2026
IRC logs for Wednesday, April 15, 2026