Bonum Certa Men Certa

The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These



Examiners play a game of Whack-a-Mole against a surge of abstract patent applications

Whack-a-Mole



Summary: Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom

In lieu with 35 U.S.C. €§ 101/Alice (SCOTUS), the USPTO can't quite grant patents on algorithms (but it does anyway). In lieu with the EPC, the EPO must reject all software patents in Europe. António Campinos promotes surrogate names for these. Here is a new example from earlier today (just a few hours ago). This EPO tweet says: "What impact do you think fourth industrial revolution technologies such as #AI and #blockchain will have on the #patent system? Tell us by tomorrow..."



"One just needs to pick the glorified (buzz)words and mislead examiners with fancy terms."The EPO uses three different buzzwords and hype waves to promote verboten patents without saying the words "software patents" (it's illegal). 4IR, AI and blockchain would be anything with algorithms (code), database (information system) and so on. One just needs to pick the glorified (buzz)words and mislead examiners with fancy terms. They lack the time needed to assess and come up with grounds for rejection.

What will happen when such patents are presented in court with well-funded opposition to them? This is already happening in the US. "When Software Patents are continually invalidated at court - that says it all," said this one person. "Europe will be next (to see software patents dying by the hundreds of thousands after the EPO granted these)," I replied to this person. As it turns out, based on yesterday's figures, 80% of lawsuits or "4 of the 5 patent suits filed yesterday were filed by patent trolls..."

Josh from the CCIA quoted Iancu as saying that the new 101 guidance is “working well at the PTO.”

"If your guidance works well at the PTO," Josh remarked, "but the issued patents might not hold up in court… is that good guidance?"

"Iancu comes from a law firm where it is all about money rather than justice," I responded. This is what also happens at the EPO right now. They vainly vilify/disregard judges and try to control judges (even by deterrence). Thankfully, as shown below, even the EFF nowdadays points that out, as we noted yesterday.

Related/contextual items from the news:



  1. The Patent Office Can’t Ignore Law it Dislikes

    The Patent Office's new guidance cites a handful of Federal Circuit decisions in support of its approach. But it ignores countless cases in which the Federal Circuit has rejected ineligible abstract ideas that the Patent Office will now almost certainly approve, and it ignores key aspects of Alice itself.

    The Patent Office has no authority to ignore case law it dislikes. With your help, we will keep fighting to ensure the patent system promotes innovation by limiting patent grants to actual inventions.



Recent Techrights' Posts

Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025