Bonum Certa Men Certa

The EPO Likes “Hey Hi” (AI) Only When It Lets Actual Humans Fake 'Production'

Not yet ready to let machines overrun (flood) the whole system

Too many patents?
Too many patents? No patents yet on musical notations and singing?



Summary: The clueless and illegal policies adopted at the EPO's higher floors (such as instructing examiners -- the EPO 'underclass' -- to grant software patents 'dressed up' as "HEY HI") are taking their toll on the Office, which is coming to grips with what software really is and why it doesn't belong in the patent system (copyrights cover code)

Like the Director of the USPTO (Trump appointee with business connections to him), Team Campinos/Battistelli promotes software patents in spite of 35 U.S.C. ۤ 101 and the EPC, respectively. What good are patent offices that grant patents in defiance of the law or caselaw? What are we supposed to think of such offices? When they dare lecture us all on "following the law" or "respecting the law..."



This conundrum isn't a new one. We've written a number of condemnations "as such" regarding Brimelow. For an office to "work around" the law like some lawyers do isn't good "civil service"; why do these people lack integrity? Well, maybe it's their integrity deficit that helps them climb so high the career ladder.

Be as it may, American and European patents both continue to perish in courts. We don't have the exact number (it also depends on what one quantifies), but it's easy to see that patent certainty has diminished in the US and in Europe. Justice isn't cheap (court battles, appeals included), so low-quality and Invalid Patents (IPs) can still be leveraged for out-of-court settlements. Patent trolls do this as a 'career'. The EPO welcomes this kind of behaviour and occasionally rewards the most notorious culprits. It would be unthinkable if the EPO actually had competition (it would be reputational suicide).

"Justice isn't cheap (court battles, appeals included), so low-quality and Invalid Patents (IPs) can still be leveraged for out-of-court settlements. Patent trolls do this as a 'career'."The European Patent Office (EPO) has just tweeted: "The EPO has refused two European patent applications on the grounds that the designated inventor is not a human being."

Wow. The EPO rejecting something? Let's check why.

The EPO rejects "HEY HI" except when it's illegal software patents being granted in Europe (then it's OK, then it's "innovation" the Office should not deprive).

"Here we go," wrote Janal Kalis, a loud proponent of patents on software. "The EPO refused the 2 EP patent applications that named software as inventors."

Gibus, a campaigner in this area (against software patents), wrote: "more than 15 years ago, we warned that EPO practice of granting software patents would lead to such issues...

"I remember Jean-Paul Smets questions about AI generated patents," Benjamin Henrion responded. "Maybe a secret weapon to flood the system?"

We wrote about this aspect about four times in the past. The whole thing is self-discrediting (to the patent system's maximalists, e.g. the presumption it's always about promoting innovation).

As Patrick Lowder put it: "That is an incredibly important decision. Are patents designed to protect human arts and sciences?"

The sole response to it? "Never were."

Alex Auerbach said: "Did the AI automatically file a complaint?"

Here's the explanation from yesterday: (warning: epo.org link)

The EPO has refused two European patent applications in which a machine was designated as inventor. Both patent applications indicate “DABUS” as inventor, which is described as “a type of connectionist artificial intelligence”. The applicant stated that they acquired the right to the European patent from the inventor by being its successor in title.

After hearing the arguments of the applicant in non-public oral proceedings on 25 November the EPO refused EP 18 275 163 and EP 18 275 174 on the grounds that they do not meet the requirement of the EPC that an inventor designated in the application has to be a human being, not a machine. A reasoned decision may be expected in January 2020.


So suddenly the EPO pretends to value "requirement of the EPC"? Having already violated the EPC countless time and whilst operating in violation of the EPC every day? The EPO breaks many other rules and regulations, including its own. It also engaged in illegal union-busting efforts and it has just advertised in Twitter this bit about strike action (which is expected soon at the EPO as well): "Notice from the European Patent Office dated 9 December 2019 concerning postal transmission problems in Finland owing to strike action..."

The EPO speaks about it in its Official Journal for December 2019 (warning: epo.org link).

Recent Techrights' Posts

Walmart Vizio TVs Scream At Immigrants to Leave America
Reprinted with permission from Ryan Farmer
How Corporations Such as Microsoft Try to Crush Critics and Dissolve Activism
Stay focused
Wikipedia Can Lower Its Hosting Bill by Going More Static, Not Just by Caching, But It Would Not Solve Its Biggest Problems (Bribes and AstroTurfing)
For about 15 years we had a Wiki in this site
Urgent Need for SLAPP Litigation Transparency
Microsofters really want to shut us up
On Shutdowns and 2,000 More Layoffs at Microsoft (10,000 Microsoft Staff May Have Already Been Laid Off in 2025)
Microsoft tries to hide and belittle mass layoffs; its data centre business also flounders, so it issues puff pieces about some anniversary over and over again
Open Source Initiative (OSI) Privacy Fiasco in Detail: A "Deep Dive" Into the Complaint at the California Privacy Protection Agency
There are many facets to it and it may be the first complaint of several
 
Slopwatch: LinuxTechLab, linuxsecurity.com, "Cyber Security News" and More LLM Slopfarms
So the Web has this bunch of slopfarms pretending to "cover" GNU/Linux
Links 08/04/2025: More Mass Layoffs Expected at Microsoft (Gaming), Fentanylware (TikTok) Unsold
Links for the day
Gemini Links 08/04/2025: "Shared Ownership" and Rant About Scrapers
Links for the day
Links 08/04/2025: Microsoft Shrinking, Oracle's Clown Computing Cracked
Links for the day
Stolen Credit Card and LinkedIn. DHS Spies on Immigrant Social Media.
Reprinted with permission from Ryan Farmer
At 50, Microsoft Has Over 100 Billion Dollars in Debt and Less Than 25% "Market Share" (Windows)
statCounter basically sees less than a quarter of Web requests coming from Windows
linuxhint.com Died 12 Months Ago (After Adopting Image Slop)
Zombie sites
LLM Slop Will Eventually Stop Due to High Costs, Worse Training Sets (Polluted Models Ingesting Their Own Junk), and No Real Returns
This too shall pass
Courage is Contagious
I became a witness to acts of great courage from EPO examiners
Gemini Links 08/04/2025: Gabbro 0.1.4 and Disillusioned With Social Control Media
Links for the day
Microsoft Windows in Jordan: From 99% Down to 10%
This is becoming more "normal"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 07, 2025
IRC logs for Monday, April 07, 2025
Gemini Links 07/04/2025: Stock Market, Galène, and DMT Entities
Links for the day
During the Weekend We Said Fedora DEI Requires Proprietary Software, Now the Chat About It Is No Longer Accessible Over the Open Web
is this just a coincidence and an habitual change in Element?
Microsoft Problems in Europe Even Before the Cheeto Tariffs
The case of Romania, Europe's notorious Microsoft fan
Oman in 2025: GNU/Linux Growing to 5%
what can Microsoft do about it except sabotage the PCs?
Links 07/04/2025: US Measles Fatalities and China Launches HDMI and DisplayPort Alternative
Links for the day
Links 07/04/2025: More Cuts to Science Funding, Snail-speed Internet in Germany
Links for the day
Gemini Links 07/04/2025: Leasehold and Safe Gifts
Links for the day
Microsoft Shares Collapse Again (Down $101), Fifth Round of Microsoft Mass Layoffs in Less Than 100 Days in 2025
disaster
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?