Bonum Certa Men Certa

The EPO Instructs European Examiners to Grant Junk Patents on Algorithms (Maths and Stats)

After rushed consultation with the litigation 'industry' that nowadays controls the EPO (and increasingly the USPTO as well)

You told me that my 'AI' patent was worth something. Relax, here at the EPO everything AI' is purrrre gold; in European court it's junk.



Summary: The departure from patent law and arrival at extraterritorial patent blackmail means that legal duels have been swapped or deprecated in favour of illegal 'settlements' (over illegal patents)

THE LAW does not seem to matter. Caselaw does not matter either. Judges? Look what Battistelli did to them (and António Campinos has shielded Battistelli over it for well more than a year). It's worse than embarrassing; it's a colossal fiasco that European media -- with rare exceptions -- refuses to even talk about.



"It’s worse than embarrassing; it’s a colossal fiasco that European media — with rare exceptions — refuses to even talk about."In the US, the capital of patent trolls, Iancu openly mocks 35 U.S.C. €§ 101 (i.e. the law) and in Europe the EPO grants software patents in defiance of the EPC. Phillips & Leigh, flinging a bunch of self-promotional pieces into Mondaq lately, has just cited the European Patent Convention, but the EPO violates it every day in order to fake 'production'. To quote:

Under European law the test for whether a patent discloses enough is whether it "disclose(s) the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art" [Article 83 European Patent Convention]. This is interpreted as meaning not that the patent application has to provide a blueprint for the invention, that can be slavishly followed with guarantee of success: but that the skilled person with a reasonable degree of experimentation can put it into effect.


One has to note that these law firms never speak of the fact that the EPO basically disregarded the EPC years ago. It's still in a state of gross noncompliance, but nobody is being held accountable for it. Nobody! This has become a shameful display not just for the Organisation but for the whole Union. This complete lack of oversight has led to the granting of hundreds of thousands (maybe a quarter million!) invalid patents, i.e. European Patents not compliant w.r.t. EPC. Every day we see new examples of the EPO promoting illegal software patents (or patents on maths/stats), this time under the guise of something called "websummit" (yes, an insult to the WWW which only thrived in defiance of such patents). "If you’re going to #websummit," they tweeted yesterday, "you cannot miss the panel discussion on “Patenting the future: The next big invention” on 6 November! See you there!"

See who's there; those are proponents of software patents. One of them has like a hundred (probably more) European Patents on maths and the EPO showers such people with awards. As of days ago (end of last week) the EPO moreover changed its guidelines, without bothering with a legal process at all, allowing examiners to grant patents on maths/stats (even encouraging if not forcing them to).

"This complete lack of oversight has led to the granting of hundreds of thousands (maybe a quarter million!) invalid patents, i.e. European Patents not compliant w.r.t. EPC.""Changes in EPO Guidelines of Examination," as the lawyers' site put it, have officially come into effect. Who wrote that? A massive proponent of software patents, a litigation giant, Finnegan, Henderson, Farabow, Garrett & Dunner LLP. This firm's Sanam Habib and Maeve O’Flynn are celebrating illegal guidelines by which EPO allows itself to break the law, the EPC, and grant software patent disguised as "hey hi" (AI). To quote the relevant portion:

Last year, to be in line with the ever growing area of artificial intelligence (AI), the Guidelines added a brand new section for AI. This year the EPO has updated the section relating to patentability of AI and machine learning, and mathematical methods to clarify that “term such as ‘support vector machine’, ‘reasoning engine’ or ‘neural network’ may, depending on the context, merely refer to abstract models or algorithms and thus do not, on their own, necessarily imply the use of a technical means. This has to be taken into account when examining whether the claimed subject-matter has a technical character as a whole (Art. 52(1), (2) and (3))”.

Classifying text documents solely in respect of their textual content is not regarded as per se a technical purpose, but a linguistic one. Care needs to be taken in the presentation of the technical purpose of semantic AI systems.


Shouldn't they clarify that such patents are likely worthless in actual courts? No, of course not! That might scare away potential clients from Finnegan, which makes millions if not billions of dollars from such scammy practices, enabled in part by heavy lobbying. Finnegan pays a lot of money to the EPO's propaganda outlets (such as IAM), expecting something in return.

What's in this for the general public and software professionals? Nothing but trouble.

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