Bonum Certa Men Certa

EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

It takes courage -- not just intelligence -- to oppose misnomers such as "artificial intelligence" patents

Software patents and artificial intelligence patents



Summary: Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices

THE European Patent Office (EPO) has taken control of another EPO, the Organisation. Battistelli started it and António Campinos continues just that. He even rendered his 'boss' at the Council his 'butler'. Imagine that! How is that even legal/constitutional? Maybe it isn't. But who's to actually enforce the law/constitution (or EPC)? This is a circular issue.



Advocacy of software patents by the EPO isn't news; we saw some forms of it way back in the Brimelow days, but it has been getting worse since and judges have since then totally lost any sense of autonomy and independence. They will probably 'vote' (decide) the "usual way" some time soon (patent on software simulation) because Campinos is already meddling towards that outcome! See what happened in G 2/19.

"They will probably 'vote' (decide) the "usual way" some time soon (patent on software simulation) because Campinos is already meddling towards that outcome!"Sometimes we still see examples of software patents being thrown out inside rather than outside the EPO. Sometimes even loud proponents of software patents (no, not software professionals) admit it. Such was the case the other day when Bardehle Pagenberg wrote: "Authenticating individuals based on liveness probability: non-technical EPO refused to grant a patent on a method of authenticating financial transactions based on biometric data."

Bardehle Pagenberg is, in our experience, the most vocal and shameless proponent of these bogus patents. They focus on these. Bardehle Pagenberg's Patrick Heckeler, having published this page, even promoted another case where:

The first instance examining division refused searching the claimed subject-matter because it allegedly lacks technical character...


Forget about all that "technical" (or "technical effect") nonsense; it's the wrong test or criterion/criteria. Same for "problem-solution". The sole riddle ought to be, does this cover something physical (where that physical thing is strictly required)? If not, then it's abstract. Throw out the application/patent.

Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like "machines"; they associate the overused term "AI" with "machine learning" (what it means originally) as if there's some machine or device somewhere. This week they also repeat the nonsense which is "machine translations" when they say: "What is the role of machine translations in proceedings before the EPO?"

"Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like "machines"; they associate the overused term "AI" with "machine learning" (what it means originally) as if there's some machine or device somewhere.""Those are not "machine translations" but lousy algorithms that take something in and spew garbage out," I told them, "an incoherent mess for most languages, with no legal validity whatsoever..."

It's rather worrying to see how the EPO deals with obvious software patents that under 35 U.S.C. €§ 101 the U.S. Patent and Trademark Office (USPTO) would be pressured to throw out, either at first instance (examination) or Patent Trial and Appeal Board (PTAB) -- or, failing that, district courts, the Federal Circuit and SCOTUS (no potent challenge to that in 5 years at that level).

Recent Techrights' Posts

Accessibility Isn't Overrated
Making things simpler typically means better accessibility
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
 
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day