Bonum Certa Men Certa

IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

IBM explains that "HEY HI" (AI) helps applicants patent software where such patents are not actually legal

On shortcuts



Summary: The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO

THE European Patent Office's (EPO) President António Campinos, the chosen successor of Battistelli, continues to promote software patents in Europe. This is no laughing matter; what they do is illegal. We're not exaggerating. It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal. The damage is potentially enormous. It's difficult to measure because much of this is happening behind closed doors (e.g. secret settlements, like those IBM has plenty of). I've heard lots of stories, but there are NDAs.



"It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal."Where's the media? Where the Hell is the media? Why on Earth is nobody covering these things? Why do real journalists no longer write at sites such as those that specialise in patents? We used to know some. But they're gone. Did something happen? I've asked those whom I know. They don't want to talk about it, perhaps fearing retribution. We've been investigating in recent days why European (or EU-ropean) "news" sites no longer cover EPO corruption. I sent questions to people I knew, questions like "Why do you no longer write at [x]?"

"Did something happen?"

"Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely)."Several European (or EU-ropean) "news" are bribed by American billionaires (we know that much as they admitted it) and we have legitimate reasons to believe they demote or even fire people for covering crimes. That's just not good for attracting businesses, advertisers and so on. Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely). It hardly covers that at all anymore. Amplifiers of law firms dominate the media; their business model is just that. It's not really news, it's just marketing that looks like reporting. Look at last week's 'reports' about the EPO's 'festival' in Australia. Some sites literally copied press releases from the EPO and filed those under "news" or "articles" sections. How about this new one? It's rather frustrating to see. This morning I saw one company running a paid press release about being granted patents by patent offices not exactly renowned for quality (yes, EPO). I hardly find anything (anymore) about EPO scandals. One might be led to think that everything is suddenly rosy. SUEPO too is afraid to speak directly. IP Kat has become an utter joke (we wrote about it recently). What gives? As we pointed out over the weekend, World Intellectual Property Review (WIPR) had done lots of puff pieces recently about "hey hi" (AI), pushing software patents using these buzzwords. WIPR is like EPO PR. It used to cover EPO scandals, but not anymore. I can guess why, but I'm waiting for replies (if any). Here is the new EPO puff piece from WIPR. It's about its annual 'festival' that cost millions of euros per hour (they even pay for so-called 'journalists' to fly over).

"Amplifiers of law firms dominate the media; their business model is just that."Staying with WIPR for a moment, it has just done another "hey hi" article ("TPN Europe 2019: Keep software patents simple, says IBM lawyer"). Blue Bully IBM, which is buying Red Hat, is a pusher of algorithm monopolies in Europe (yes, Red Hat's stance on software patents is in trouble because lawyers from IBM will wipe it out). “With the EPO, it’s a lot clearer [and] a lot easier," IBM lawyers say. Some large European law firms too have publicly said (at events) that it's easier to get software patents at the EPO (than the USPTO and others). That's how bad things have become. To quote some portions:

According to Kevin Fournier, IP lawyer at IBM in the UK, when drafting a software patent application, the best means of assessing an idea or an invention was to show it to a software developer.

Speaking at Technology Patent Network Europe 2019, hosted by WIPR in London last Thursday, June 20, Fournier said that “if software developers are impressed by the invention, then you’re really on a winner”.

Outlining his approach to patent claim construction, Fournier said “the worst thing that you can possibly do is have a method claim that requires the action of three or four different entities”.

The IBM lawyer advocated for the single method patent claim as a useful tool for patent attorneys.

The more complex a claim and the more actors are involved, then an applicant has “more to prove; [it’s] another argument that you have to make,” Fournier said.

[...]

Commenting on the UK Intellectual Property Office’s approach, Fournier said that, in his experience, “the technical contribution seems to be interpreted more narrowly”.

“With the EPO, it’s a lot clearer [and] a lot easier, as long as you can show that the features that are critical to the invention are contributing to the technical effect,” he added.

Fournier also questioned Kennedy on his observations on emerging principles in AI patent drafting.


Notice that part about "hey hi" (AI); it's their favourite term these days. Benjamin Henrion has just found this tweet: "Una vez más, como experto en el Comité de Derecho de Patentes de @wipo #scp30 con interesantes documentos sobre "licencias obligatorias", "actividad inventiva en química" e "Inteligencia Artificial, IA" los dos últimos elaborados a propuesta de la @OEPM_es (IA con @INPIFrance) pic.twitter.com/LNeMgs7G5W"

"Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents."IA, AI... different languages, same nonsense. On "hey hi" he also noted "Coons and Tillis to restore US swpats: "we will investigate ways to sharpen the "field of technology" requirement to ensure that critical advances like AI and medical diagnostics qualify, but not economic transactions or social interactions" https://is.gd/elsynt" ("Cached here," he told me because of the paywall)

"Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense."Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents. As Henrion noted, linking to this page and new tweets, the EPO also still allows software patents which are disguised as hardware. To quote these vocal proponents of software patents in Europe: "Protecting a cryptographic computation against power attacks is considered a technical problem if, and only if, the computation is actually carried out on hardware and thus open to such attacks."

"Oh, wait," I responded, "I thought I was going to execute it with/on pen and paper. Software (patents) are "hardware" (patents) because machines can run programs?"

As we said at the start, nobody covers these very serious issues that will cost Europe billions in damages. Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024