Bonum Certa Men Certa

Latest Loophole: To Get Software Patents From the EPO One Can Just Claim That They're 'on a Car'

EPO is riding (or driving) hype waves again

A muscle car



Summary: The EPO has a new 'study' (accompanied by an extensive media/PR campaign) that paints software as "SDV" if it runs on a car, celebrating growth of such software patents

THE age of 'computerised' cars is here. What does that mean? Usually general-purpose computers inside cars, that's all. Innovative? Maybe. Exciting? Arguably. A novel/new concept? Not quite. Some computers are there just for entertainment (like in commercial aircrafts/airliners), whereas others connect to various mechanisms inside the car, e.g. brakes, throttling, steering, electric system, seats/belts and physical locking (windows, doors). None of that is particularly complicated except the steering as that relies on sound input and computer vision; both of those are reducible to software. Sensory components are general-purpose sensors. We wrote about them before, e.g. US patent number 10,000,000.

Take for example these new (days-old) reports about Tesla [1, 2]. The latter of these says: "A recently published patent has revealed that Tesla is exploring the idea of a user interface allowing drivers to launch and display up to four apps simultaneously in a four-way split screen arrangement. What’s more, Tesla also seems to be preparing a setting that will enable users to customize the arrangement of icons in their vehicles’ main taskbar."

That's just a classic software patent, likely invalid as per/in lieu with 35 U.S.C. €§ 101 (Section 101) at the U.S. Patent and Trademark Office (USPTO). So why was it granted? We know that Tesla pledged not to sue with its patents, but how is this considered innovative and patent-eligible? It's neither. There's also prior art in other contexts/domains.

Unfortunately, things like the above are becoming normal and more fake patents (or software patents) are being granted to entities in the capital of patent trolls. Several days ago Dallas Business Journal showed 'news' 'coverage' being reduced to spammy advertising of malicious patent bullies and a site called Dallas Invents (or Innovates) revealed new patents, including one of Toyota whose summary/abstract says: "An adaptive vehicle control system that includes processors, memory modules communicatively coupled to the processors, and machine readable instructions stored in the one or more memory modules that cause the adaptive vehicle control system to determine an autonomous operation profile of a target vehicle positioned in a vehicle operating environment, wherein the vehicle operating environment includes a roadway having one or more lanes, determine an autonomous operation profile of one of more neighboring vehicles positioned within the vehicle operating environment, compare the autonomous operation profile of at least one of the one or more neighboring vehicles with the autonomous operation profile of the target vehicle, and alter a condition of the target vehicle such that the autonomous operation profile of the target vehicle matches an autonomous operation profile of an individual neighboring vehicle of the one or more neighboring vehicles positioned in the same lane as the target vehicle."

This boils down to algorithms. It's very easy to see this. But because cars are a physical thing we assume that examiners can somehow convince themselves that it's not abstract.

To make matters worse, the EPO under the leadership of António Campinos constantly promotes software patents in Europe and the latest stunt is pretending these patents have something to do with "cars". They started a whole new PR campaign (the EPO keeps coming up with new three-letter acronyms by which to promote software patents), so the media plays along, e.g. German media (RTL), east European media [1, 2], and British media (examples to follow below). There's even Les Échos coverage, not noting that it's actually a paid propaganda apparatus which Battistelli notoriously used to mislead the public. Here's a new article about "automotive software" that mentions patents. A Web site of a law firm, Out-Law.com, also helped the EPO some days ago when it wrote: "Technology and telecoms companies dominate the list of companies that have filed the most applications for European patents relating to driverless cars, according to data compiled by the European Patent Office (EPO)."

They use the acronym SDV to make it sound catchy. The distribution of such patents is the same as for other areas: "Europe, the US, Japan, South Korea and China are the five most popular jurisdictions for applying for driverless car patents, according to the EPO."

So how's that even unique? It's not. On Friday the EPO wrote: "We had a look at the trends in European #patent applications for one of today’s emerging technologies: self-driving vehicles. Read our findings here: http://bit.ly/SDVstudy #FutureOfCars #SelfDriving pic.twitter.com/oLYhJL0YI9"

They do exactly what Battistelli did; they commission their own 'study' to advance some questionable agenda. IPPro Patents wrote that the EPO "conducted [this 'study'] in cooperation with the European Council for Automotive research and development (EUCAR)..."

No vested interests there? These are mostly software patents (e.g. computer vision, my research domain in which I developed car navigation software) referred to by another name; the EPO should be shamed of itself. We should note that about half of all EPO tweets on Thursday (about a dozen in total) promoted software patents. They also retweeted this thing about patents on "cars" (actually software, albeit used somewhere inside a car) and retweeted this blog post's tweet that said: "@EPOorg has just published a report on "Patenting and Self-Driving Vehicles". This is one of the fastest growing technologies for patent applications. The report analyses and categorizes the patent data and considers some of the uses for those technologies https://nipclaw.blogspot.com/2018/11/patents-and-self-driving-vehicles.html …"

Notice how none of them bothered checking the underlying patents, except naively assuming that they're something to do with "a car"; never mind if those mostly come down to algorithms that aren't patent-eligible as per the EPC.

Recent Techrights' Posts

New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025