Bonum Certa Men Certa

European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

The next wave: EPO "paper on examination of CII and AI inventions"

EPO on CII



EPO on CII



Summary: In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) nowadays exploit the "AI" hype wave (it seems as though the EPO started it). More recently UN/WIPO joined 'the club'. I've been programming so-called 'AI' since I was a teenager; I put AI in scare quotes because it's a catchphrase, an abstraction. Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria). It's about classification somewhere in the code and it is always about algorithms. The EPO hopes to work around the EPC and the USPTO tries to circumvent 35 U.S.C. €§ 101/Alice (SCOTUS).



"Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria)."We have written a great deal about this subject already; it goes years back and it started under Battistelli, whose friends at Managing IP have just published this piece, "AI and patents," (part of a series) in which they promote "AI" as means for generating patent applications while at the same time promoting patents on the underlying methods. "Patent Strategy’s landmark survey of more than 60 in-house lawyers shows that most businesses believe artificial intelligence will be used for invention discovery," they wrote yesterday, "but that patenting those products and processes could be difficult" (but possible).

What this whole "poll" boils down to is lobbying, the business model of the site (just check who the funding sources/persons are, not to mention the target audience).

It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract. There's also plenty of prior art, sans the buzzwords.

"It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract."Kritika Bharadwaj, James Donoian, and Susan Goldsmith of McCarter & English, LLP say this week (also yesterday) that "[t]he UK’s participation in the unitary patent system and Unified Patent Court are, however, open questions." No, you cannot participate in something that does not exist.

Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms.

"Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms."Law firms in Europe are eager to pursue (for clients) all sorts of bogus patents in violation of the EPC -- a subject we'll expand on in our next post because it's part of a disturbing pattern. As we pointed out some days ago, the EPO is now hooking up with patent extremists to promote software patents in Europe, this time under the guise of "AI inventions" (the EPO likes to say "AIPatents). In fact, retweeted by the EPO on Monday (they wrote almost nothing else) was this tweet that says: "@4ipcouncil and @EPOorg publish paper on examination of CII and AI inventions: #epo #artificialintelligence #ai #cii - http://bit.ly/2E0JOK9"

They even admit it themselves: "AI" is just "CII" (i.e. software patents). The EPO is actively collaborating/participating in this. While tweets may not necessity be endorsements, the EPO is officially involved here.

"It's an exercise in rebranding."Found via this tweet was also this new post from Microsoft's LinkedIn. It speaks of Microsoft's "AI" patents and says "Luxembourg as a country is an interesting case for patent filings. The small country managed to work its way into the top 25 jurisdictions for AI filings. Most of the filings come from American, German, Japanese and French patent ownership."

This whole post is about buzzwords like "IP" and "AI" (the title is "Quick IP Data Insight: Luxembourg AI, Powered by NVIDIA.") and it's about the most infamous tax evasion apparatus (e.g. by patent accounting tricks). This one is in Europe and again it's piggybacking the "AI" buzzword, which basically corresponds to software patents. As we recently noted, various law firms with their 'studies' nowadays try to pass off old patents as "AI", in order to pretend there's some sort of astronomical growth in such patents. It's an exercise in rebranding.

Recent Techrights' Posts

IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026