Bonum Certa Men Certa

USPTO and EPO: Call Software Patents 'Hey Hi' ('AI') and Use Microsoft Software (or Else!)

A dip in patent quality and integrity

A dip



Summary: The mischief of the world's biggest patent offices (or biggest bar China's) is costly and very much corrosive to the image of patent systems; if they don't obey the law, how is the public expected to respect them?

THE LATEST 35 U.S.C. €§ 101 cases (in our daily links) show that software patents continue to be rejected by courts, never mind what the U.S. Patent and Trademark Office (USPTO) says. As we shall show in other future posts (we've just received lots of new documents), the European Patent Office (EPO) is the same; European courts reject such patents and the UPC will never materialise, i.e. those courts will continue to decide on patent scope. While software patents are being granted in Europe there's no legal certainty; they're pointless if not worthless. António Campinos and his friend Battistelli were granting loads of fake patents or Invalid Patents (IPs).



"It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage."We recently wrote a bunch of articles about the "Hey Hi" (AI) hype -- more articles than we care to recall or even count. It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage. This dodge lets them fake 'productivity' -- in effect granting patents which they very well know courts would throw out (if given the chance/challenge).

Law firms don't really mind all these fake patents; they still get to collect payments from applications, renewals, searches and lawsuits. They're in it for the money, not for science or innovation (with few rare exceptions, who might end up seeking a career change sooner or later). Consider this latest promotion of software patents in Europe from a firm that brags about a "European Software Patents Knowledge Base" (while in this case acknowledging that the said patents aren't even valid!); also spot Gene Quinn (Watchtroll) still attacking judges ("Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True" is his latest insult/headline). He's just angry that the Federal Circuit rejects software patents and affirms inter partes reviews (IPRs). What a villainous site; it's hardly surprising that EPO management associates with it! The EPO too attacks judges. Today's EPO is a rogue institution placed above the law so that it can break the law every single day. It's granting patents on maths, on nature and on life. The USPTO too grants patent monopolies on life itself. Totally insane? Sure. But here, it has just done so again.

"Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI"."The "EPO [is] promoting swpats [software patents] again," Benjamin Henrion warned earlier this week. "Using patents to protect digital business models," he quoted from a new event page of theirs.

Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI". The USPTO copies some of these buzzwords.

"USPTO patenting statistics," Henrion wrote, citing the latest nonsense from the USPTO. They call it "AI" and it's about software; no matter if actual courts throw our or push all these fake patents away...

Disguising fake patents on software (or algorithms) using buzzwords like "hey hi" might help trick examiners, but not courts.

"USPTO seeks public comment on patent policy and artificial intelligence," said Susan Decker from Bloomberg, where she often spouts out the lies of the patent microcosm.

Bear in mind all these proponents of "AI" patents never even wrote any computer code. "AI" is, to them, some sort of "geek magic".

"Bear in mind all these proponents of "AI" patents never even wrote any computer code."Here's Dennis Crouch's take on "Artificial Intelligence (AI) Patents," where he states that: "The USPTO is seeking information on artificial intelligence (AI) inventions."

Here's the "CII" nonsense (the term which the EPO used to name-drop a lot): "written description support for computer-implemented inventions [CII] generally require sufficient disclosure of an algorithm to perform a claimed function, such that a person of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention."

Crouch wrote another post about price hikes and Microsoft promotion; it's a subject we wrote about last year. To quote: "New Fee: Non-DOCX Application Filing Surcharge Fee of $400" (OOXML promotion, discrimination against open standards like ODF). This might merit a separate post/rant because it's a major scandal and right now it's just in "proposal" status. There's an actual, confirmed scandal below [1]. Covered 2 days ago.

If patent offices want patents to be taken seriously, then they should themselves set an example. Obey the law, for starters.

Related/contextual items from the news:



  1. The Patent And Trademark Office Is Apparently Branching Out Into The Immigration Enforcement Business

    Here's another one of those weird signs of the time. Under any normal presidential administration, this move by the US Patent and Trademark Office might look a bit strange. But only a bit. There are some legitimate reasons for doing this, but filtered through the administration's xenophobia, it seems to be just another way to hassle non-citizens. (h/t Jef Pearlman)



Recent Techrights' Posts

Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
 
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
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)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025