Bonum Certa Men Certa

Software Patents (or Monopolies on Algorithms) Are Not 'Property' and They're Not Even Legally Valid

Months ago: Patents Are Not Property

AI is everything



Summary: The EPO insists that it's OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude

THE European Patent Office (EPO) is nowadays a leader in patent propaganda instead of leading on terms/criteria such as quality and reputation.



António Campinos has a track record of lying (since his previous employer) and his appointing authority belongs in prison with Benalla, not some fancy office in CEIPI.

Courts in Europe have repeatedly rejected European software patents. Those patents don't stand much of a chance in court. Moreover, the EPC aside, they're forbidden by several other branches, both pan-European and national/domestic (member states). The same is true in the US. Nothing has changed. We'll share some new examples in our upcoming list of links. There are many cases cited in our daily links, where we nowadays mostly 'shelve' US patent news, especially outcomes of cases. So why are such patents still being granted? As Donald Zuhn explains, American patent pendency was reduced. Just like at the EPO, however, this means something bad. The USPTO reduced patent quality and then bragged about speed, never mind if courts throw out so many of these patents. Compliance with the law does not seem to bother these people. Just grant, grant, grant...

How do these offices justify this abuse of authority? Self-commissioned propaganda 'dressed up' as so-called 'studies'...

"Intellectual property is an important economic driver," the EPO wrote, linking to its latest bundle of lies. "Our latest study shows the impact of industries that make intensive use of IP rights on Europe’s GDP, employment and trade."

So 2.5 weeks later the EPO is still repeating these lies and adding more misleading words ("IP"). They have been doing so every day in Twitter (except weekends), sometimes more than once per day. "Intellectual property" is an important propaganda term of patent law firms and the likes of them, who falsely equate monopoly with "property" and sometimes even mislabel that monopoly a "right" (as in "IPR"). It's clear that today's EPO fronts for law firms, not science or scientists. Also mind this new "EPO IP tools" video, which days ago the EPO promoted as follows: "Put your business idea in context using #intellectualproperty tools."

What utter nonsense, like "AI" or "artificial intelligence..." (another misnomer)

Who does the EPO try to impress if not law firms? It's all about litigation, not innovation. The EPO makes that so shallow and so easy to see. Some of our EPO leaks have shown similar things and have unearthed gross favouritism. Blatant and crude corruption.

See comments #2 and #3 here in Kluwer Patent Blog. Once again the EPO helps Microsoft monopoly. Not a Microsoft client? Not a Microsoft customer? Sorry. Excluded from service...

Microsoft is a leading proponent of software patents alongside IBM (hence it's something Red Hat and Microsoft now have in common). It makes sense for the EPO to offer preferential services to Microsoft.

As we've mention like a dozen times before, the EPO keeps hyping up "hey hi" ("AI"), as do IBM and Microsoft. They nowadays mislabel just about anything "hey hi" -- anything to do with automation, computers, algorithms and so on. It's all "hey hi!"

The USPTO too is looking for excuses or loopholes by which to grant illegal, fake, bogus, incompatible-with-the-law software patents that are worthless (patents which courts would reject). It nowadays copies the EPO's tricks by putting "hey hi" (a buzzword) right there in examiners' guidelines.

Aaron Gin, longtime pusher of software patents in the US and elsewhere, hops on the "hey hi" bandwagon. Call everything "hey hi!" And just like "cloud" and "smart" it's instantaneously "new" and "novel"...

This is what the USPTO is doing right now. In its own words (or questions):

1. What are the main elements of an AI-based invention?

[...]

12. Are there any relevant policies or practices from other major patent agencies that may help inform the USPTO's policies and practices regarding patenting of AI inventions?


So much for 'consultation'; they know responses will mostly come from the litigation 'industry'. Why don't they consult judges instead, knowing that SCOTUS, the Federal Circuit and Patent Trial and Appeal Board (PTAB) would likely disapprove, citing 35 U.S.C. ۤ 101 for starters? Because truth and law don't matter. It's all about money.

Recent Techrights' Posts

Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
 
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025