Bonum Certa Men Certa

Global Patent Warming

I cannot grant those patents. So I will change the rules.



Summary: The old term "Global Patent Warming" comes to mind when one assesses the neoliberal approach of today's EPO, where the sole goal is making piles of money by granting loads and loads of illegal European Patents

UNDER the reckless management of Campinos and Battistelli the European Patent Office (EPO) makes it a lot easier for examiners to allow European software patents (sometimes compelling them to grant in defiance of the EPC because of the misguided guidelines), at least within the Office, not outside (national courts). Lawyers would admit and they occasionally say that it's even harder to get software patents from the USPTO (after AIA and 35 U.S.C. €§ 101) than from the EPO.



"Off-the-shelf Free/libre software libraries allow programmers to paint just about everything as "hey hi" within less than one hour."It's very troubling to us, especially geeks. The EPO makes it easier to get illegal patents on statistics and mathematics by misusing buzzwords like "hey hi" (AI) -- a term that nowadays refers to all sorts of things ranging from automation to computing. Off-the-shelf Free/libre software libraries allow programmers to paint just about everything as "hey hi" within less than one hour. It's very 'plug-n-play'; and still... it all boils down to algorithms.

Grzegorz Wesela-Bauman (JWP Patent & Trademark Attorneys) has published in Mondaq this piece entitled "New EPO Guidelines – Easier Procedures For Patenting AI-Based Inventions" and we'll quote just the relevant pieces of text while highlighting key parts:

The EPO has made considerable changes to both the procedural issues, which are important for patent attorneys, and in recognizing the patentability of inventions, which is of importance for inventors.

Among the procedural changes, it is worth pointing out the simplified representation for applicants before the EPO before granting the patent, or the simplified method of obtaining discounts for application payments and substantiative examinations when there is more than one applicant.

Substantive changes include granting AI-based inventions the status of technical solutions. A significant change has also been made in the area of novelty search, which may affect the procedures required for inventions in chemistry and pharmaceutical sciences. Additionally, facilitation is on the way for demonstrating the level of inventiveness, in particular for biotechnological and pharmaceutical inventions.

The number of changes is enormous and exceeds the scope of this post. Below is a short presentation of selected changes.

[...]

At present, the European Patent Office is working on clarifying the issue of patentability of inventions which were previously considered non-technical. This is relevant because recognizing the technical character is the first and foremost condition for an invention to be considered as such. The examination of the novelty and inventive step cannot begin until the first condition has been met.

Inventions that were previously denied technological character were the so-called computer implemented inventions (CIIs). Last year the EPO decided that those inventions are in fact technical. Artificial intelligence-based inventions (AI) and machine learning-based inventions (ML) have recently followed suit.

In the previous versions of its guidelines, the EPO demonstrated that it should be assumed that AI/ML inventions are non-technical. In the new version of its guidelines, the EPO has changed that approach and stated that the EPO's experts must assume that AI/ML-based inventions may have technical character.

Although this change may seem only superficial, it offers a significant improvement for the applicants. To be more precise, after the guidelines come into force, what the EPO experts will have to demonstrate is a lack of technical character of an AI/ML-based invention, whereas earlier it was the applicant who had to prove that the invention had technical character.

It is worth noting that there is a chance that the procedure for AI/ML inventions will become even friendlier for applicants this year. The European Patent Office is currently deliberating whether inventions based on computer simulations can be patented. Should this happen, it will become easier for applicants to not only demonstrate the technical character but also to demonstrate that this type of invention involves an inventive step.


So just like that they ignore caselaw, violate the EPC, throw away instructions from Parliament and trample over software developers (who were never consulted about this).

Lobbying by the litigation industry, helped by their media (with buzzwords and hype waves), may have yielded results.

"Lobbying by the litigation industry, helped by their media (with buzzwords and hype waves), may have yielded results."The EPO is basically stepping away further and further -- even more so under Campinos -- from the rules that govern it. Then it goes to other countries for photo ops that yield this kind of piece from J A Kemp LLP (patent litigation firm). To quote: "It has been announced that the European Patent Office (EPO) has signed an agreement with the government of Georgia to enable European patents to be validated in Georgia. The validation agreement will enter into force once it has been adopted into Georgian law."

So EPO guidelines become another country's too? Even outside Europe? Even if the EPO violates the law? We don't suppose Georgia's 'IP' people understand that nowadays many European Patents are fake/invalid patents. We've also just noticed this new puff piece from World Intellectual Property Review, reminding us once again that it's little but a megaphone of litigation zealots and -- by extension -- EPO management. To quote: "The European Patent Office (EPO) has released new search tools in a bid to improve the world’s largest free collection of patent documents. In an announcement yesterday, November 19, the EPO said the new Espacenet is a “substantially revised and improved version” of its existing patent information search tool. It said new functions will make it easier for users to conduct searches and access more than 110 million patent documents from across the world for free."

"Good luck to the lone inventor, searching monopolies or millions of submarine patent ambushing him/her, awaiting litigation opportunities to bankrupt his/her business."For free!

Good luck to the lone inventor, searching monopolies or millions of submarine patent ambushing him/her, awaiting litigation opportunities to bankrupt his/her business. Good for innovation?

Why aren't there BILLIONS of documents? Not yet? Maybe trillions? That would be lots and lots of "innovation"... correct?

We've meanwhile also learned from this self-promotional article in Lexology that "a recent European Patent Office (EPO) case has shown that further measures may well be needed" to "keep information truly confidential..."

But wait, isn't patenting all about publication?

Terence Broderick from UDL Intellectual Property [sic] writes about T2239/15, which concerns MPEG. These MPEG patents are very likely bogus software patents (geometry, mathematics etc.) that are grouped in massive numbers to make it far too expensive to invalidate them all. The EPO should not grant any of these, but in practice it even offers special awards to the person who's responsible for hundreds of these. From the article:

In recent case T2239/15 the EPO considered whether documents which were said to be ‘private’ were also ‘confidential’, in the absence of any agreement to say so.

Two prior art documents were cited in examination proceedings which the applicants claimed were confidential working documents, circulated as part of the MPEG (Motion Picture Expert Group) working group. The applicants submitted that a confidentiality agreement was in place within the working group.

A variety of submissions were filed to support this stance which centred on the secrecy associated with national standards bodies, obligations set out in guidelines for delegates and files which set out that documents resulting from meetings of the working group (known as input documents) were considered ‘private’.

However, the flexible nature of the working group couldn’t support an obligation of confidentiality on the members. Indeed, the documents themselves even indicated that members of the group were encouraged to seek external expertise. It was said that the number of members was indefinite and that no absolute obligation of confidentiality existed.

Therefore, the problem wasn’t sharing documents, but that it couldn’t be guaranteed that all members of that group were covered by an explicit obligation of confidentiality — even if documents shared between the members are accepted as being ‘private’.


The EPO does not care about confidentiality; the EPO violates confidentiality and then covers it up. It's a crime, sure, but if the EPO hides evidence of it, will it count? And even if it got caught, nobody would be punished because of immunity.

Recent Techrights' Posts

Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.
The Two Lies Microsoft is Telling in "the News" This Week (to Distract From Layoffs and Decreased Interest in Slop/Chaff)
Microsoft is run by liars and frauds who SLAPP critics
Tux Machines Already Destroyed SLAPPs
Attacks on the mere publication of GNU/Linux news won't be tolerated
 
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Tomorrow is the Last Day of the Fund-Raising Campaign of the Free Software Foundation (FSF)
They will probably extend the date, as usual
Fixing Patents in Europe, Little by Little (by Transparency and Reporting of Suppressed Facts)
Tomorrow and throughout the weekend we shall focus some more on the EPO
PCLinuxOS is Available for Download Again
PCLinuxOS is important to us also because its founder, back then the partner of Susan, helped create Tux Machines more than 21 years ago
Links 10/07/2025: Microsoft E-mail 'Services' Collapse Again, "Yet Another Strava Privacy Leak"
Links for the day
Gemini Links 10/07/2025: Automating Git Repo Updates and Small Web 'Zine'
Links for the day
GNU/Linux Leftovers
mostly Linux stuff
Audiocasts/Shows: Going Linux, FLOSS Weekly, and RHEL Clones
3 new picks
We Are Already Fighting - With Considerable Success - SLAPPs in the UK
we intend to tell the full story
Bullies With Pens and Papers (or Apple Macs With Templates)
Not all barristers are evil, but there are perhaps "rotten apples"
Slopwatch: webpronews.com, linuxsecurity.com, linuxjournal.com
a pile of trash disguised as 'articles'
Links 10/07/2025: Linda Yaccarino Divorces MElonazi Site, Wildfires Hit Syria
Links for the day
The History and the Policy of the EPO's Stance on Breastfeeding (Corporate Monopolies Versus Babies' Health)
"The Case for Introducing a Breastfeeding Policy at the EPO"
Gemini Links 10/07/2025: Inventing Chords and "Nightmare Boss"
Links for the day
Igor Ljubuncic Once Again Shows That for Technical Reasons Wayland Still Sucks, Performs Considerably Worse Than What Existed for Decades
That is aside from compatibility factors and other crucial factors
Links 10/07/2025: "Apple Vs The Law" and Twitter Became Full Nazi Bar
Links for the day
Unable to Find Anyone to Work as Their Media Lawyer, Brett Wilson LLP Will Continue Losing Female Staff
What sort of sick person would wish to join Brett Wilson LLP to carry this baton?
Microsoft-Sponsored Propaganda Site Has Removed False 'Hit Piece' About Dr. Stallman (With Fake and Misrepresented Imagery) But Only After 4 Years
So they only removed that page some time around 2025, i.e. about 4 years after it had been published
Always Check Your Inputs
Garbage in, garbage out. Or wrong assumptions, wrong corollary.
Dan Neidle Said That Tax Evasion Facilitator Mr Zahawi (Working to Silence Bloggers Through Brett Wilson LLP) Targeted Not Only Him (But The Others Kept Quiet)
"Mr Neidle said after repelling Mr Zahawi he was contacted by bloggers and tweeters who had received similar threats. They deleted their work “and in most cases never commented publicly on anything again”."
SLAPP Funding Transparency Urgently Needed in the UK and Elsewhere (in Practice, Not Just in Theory)
Writing about crime - including Microsoft crime - is not a crime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 09, 2025
IRC logs for Wednesday, July 09, 2025
Elodie Bergot Still Doing Illegal Things at the EPO, Based on the Local Staff Committee Munich
They keep taking away from the staff while compelling the staff to do illegal things
Gemini Links 09/07/2025: Extreme Testing and Golang Documentation in Geminispace
Links for the day
Vice President of the European Patent Office (EPO) Complains That Techrights Gives Visibility to Legal and Technical Issues at the EPO
"Follow-up on enquiries relating to Dir. 1218 and 1001"
Slopwatch: linuxsecurity.com and Various Slopfarms That Lie About "Linux" and Are Promoted by Google News
Google does not seem interested in tackling this problem
Links 09/07/2025: War Updates and Microsoft Moving to India to Cut Costs
Links for the day
GNU/Linux Was Always a 'Movement' of Inclusion of Tolerance
Even the licences themselves remove access barriers
Links 09/07/2025: "Subprime AI Crisis" and "OpenAI May Be in Major Trouble Financially"
Links for the day
Huge Piles of Legal Papers ('Paper DDoS') Do Not Impress Judges and Regulators
they just make judges and regulators even more suspicious of the eagerness to resort to 'paper DDoS'
Brett Wilson LLP Sent Over 5 Kilograms (or Over 12 Pounds) of Legal Papers! Because Writing About Microsoft Abuses is 'Illegal'.
How do you guys sleep at night? On a big pile of Microsoft money?
Extremism as a Weapon Against GNU/Linux (Microsoft Lunduke)
He ought to know the Halloween Documents. Wasn't he a Microsoft employee when these came out?
Lunduke Isn't Even Hiding His Anti-Linux Agenda (From "Linux Sucks" to "Linux is Pedophiles")
just trying to make a lot of trouble
Some People Use Computers to Get Actual Work Done
Tolerance and inclusion must extend to acceptance that some people don't agree with you, might never agree with you, and imposing what allegedly works for you on them is unreasonable
Example of "Old" Things That Still Work
The notion that something being "old" implies it must be discarded is typically advanced by those looking to sell more of something
Some Scheduled Maintenance Later Today
Typically the most vulnerable service during short interruptions is IRC
Computers Are Just a Tool
People don't get married because they love weddings, folks don't join the army because they love war, and most drivers don't drive to work because they love cars
Apple Way Past Its Prime
Apple deserves a decline
The FSF's SysOps Team Recovered From Serious Hardware Issue Within Hours
About half a day ago I noticed that all/most GNU/FSF sites were not reachable and thus reached out to a contact for any details
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 08, 2025
IRC logs for Tuesday, July 08, 2025
Slopwatch: Turning Bugs Into FUD About "Linux", Getting Basic Facts Wrong
all the screenshots are of fake articles; we don't want to link to any
Technical Reasons, Not Politics: With Wayland "it feels a lot like Linux from 20-25 years ago, which is horrendously frustrating, because it feels like we wasted one or two decades of progress and stability"
Lately, quite a few benchmarks were published to show Wayland compares poorly compared to what we had
PCLinuxOS Recovering From Fire
It looks like a nightmare scenario, where even backups onsite get destroyed
Links 09/07/2025: More Heatwaves, Officials Culled in Russia
Links for the day
Gemini Links 09/07/2025: XScreensaver and Resurrection
Links for the day