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

Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
 
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day