Bonum Certa Men Certa

Patent Scavenging or Racing to the Bottom of Patent Quality

As long as there's a name of an individual on the application the EPO will look for excuses to grant, not reasons to reject

Vultures abound



Summary: The patent microcosm is pushing for software patents, and for litigation with such patents, but it all boils down to bottom feeding

THE patent maximalists pose a threat to the legitimacy of the patent system because they advocate a torrent if not an avalanche of low-quality patents, which the public in turn mocks and ridicules. It's a bubble that will implode or structure which will collapse. See what happened in the US owing to 35 U.S.C. €§ 101 (which the USPTO cannot just ignore).



The European Patent Office's (EPO) advocacy/promotion of software patents in Europe isn't a new thing. Before António Campinos did it Battistelli had done that. They love using buzzwords.

Earlier this week the EPO tweeted: "Searching for patent applications related to disruptive technologies such as #AI and #3Dprinting can be challenging. We'll be presenting some strategies at this event..."

There's also this new tweet (about a day apart): "This year's #SearchMatters will focus on disruptive technologies. Our experts will be sharing their insights with #patent search professionals from business, academia and IP firms..."

We've noticed that the corresponding Web page has been edited to add "CII (computer-implemented inventions)." Was the nonsensical "AI" not enough? It now says (warning: epo.org link): "This year's Search Matters conference aims to deliver workshops and lectures with a special focus on disruptive technologies such as 3D printing/additive manufacturing, AI and CII (computer-implemented inventions)."

The "CII" part is definitely new. We also know what they typically mean by "AI"...

Sometimes they mean software patents; and sometimes they mean this thing they've rejected and explain as follows: (warning: epo.org link)

The EPO has published its decision setting out the reasons for its recent refusal of two European patent applications in which an AI system was designated as the inventor. Filed by an individual in autumn 2018, the applications EP 18 275 163 and EP 18 275 174 were refused by the EPO following oral proceedings with the applicant in November 2019, on the grounds that they do not meet the legal requirement of the European Patent Convention (EPC) that an inventor designated in the application has to be a human being, and not a machine.

In both applications a machine called "DABUS", which is described as "a type of connectionist artificial intelligence", is named as the inventor. The applicant stated that he had acquired the right to the European patent from the inventor by being its successor in title, arguing that as the machine's owner, he was assigned any intellectual property rights created by this machine.

In its decisions, the EPO considered that the interpretation of the legal framework of the European patent system leads to the conclusion that the inventor designated in a European patent must be a natural person. The Office further noted that the understanding of the term inventor as referring to a natural person appears to be an internationally applicable standard, and that various national courts have issued decisions to this effect.


Watchtroll has already done a "me too" piece. To quote (what's quoted): "The decisions to refuse the two patent applications can be appealed by the applicant within two months at the EPO’s independent judiciary, the Boards of Appeal, said the EPO release."

Watchtroll's "EPO Provides Reasoning for Rejecting Patent Applications Citing AI as Inventor" is more or less expected ("In the EPO press release today, the Office explained..."); it is hardly surprising that Watchtroll is an EPO megaphone because both nowadays work for patent zealots, litigators, and trolls. They even reuse the same words.

So, in short, EPO management continues to grant loads of invalid patents provided there's a name of a human on the paper associated with the application. As some pundits have already pointed out, the above patents can be resubmitted with the name of a human and then be accepted. So the EPO isn't actually solving the problem. Software patents will continue to be granted, with some exceptions, two of which have just been named [1, 2] and outlined as follows: "The EPO refused to grant a #software #patent on increased security when collecting and selling customer data. [...] There's a new entry in the EUROPEAN SOFTWARE PATENTS knowledge base: Animating a graphics icon by superimposing an image sequence on a static background: non-technical" (by "non-technical" they mean invalid).

We've meanwhile noticed the IBM-backed front groups pushing for software patents in the US, basing it on the EPO's abusive interpretations of the EPC. Dennis Crouch says "Europe uses this approach found in Article 54 of the European Patent Convention" (it's in our Daily Links already) and adds:

Intellectual Property Owners Association (IPO) Board has proposed a “clarifying” amendment to Section 101(a)(1) of the Patent Act:

[...]

EPC Art. 54. Note that 54(1) and 54(2) are parallel to 35 U.S.C. 102(a) while 54(3) is parallel to 102(a)(2) which the IPO does not propose to change. Regarding these secret prior patent application filings identified in 54(3) and 102(a)(2); the European approach is broader than the US in some ways because it creates prior art even when the prior filing is the same inventor / owner; at the same time, the European approach is narrower than the US because 54(3) prior art does not apply to the inventive step (obviousness) analysis.


As can be seen above, the EPO's abusive approaches toward the matter (and violations of the EPC) are causing problems in other continents as well. Last year the EPO openly bragged that it would spread these practices -- regarding software patents -- to other countries.

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
 
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day