06.13.18

Gemini version available ♊︎

Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

Posted in Deception, Europe, Microsoft, Patents at 12:38 am by Dr. Roy Schestowitz

EPO examiners aren’t shy to admit this decline in patent quality and abrupt departure from the European Patent Convention (EPC) [1, 2]

EPO quality letter

Summary: Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of “artificial intelligence” (“AI”) carries on, boosted by Battistelli’s own “Pravda” (which he writes for), IAM Magazine

THE EPO and USPTO both use the buzzword (acronym) “AI” to go about granting software patents. Law firms and their clients are patenting software by consciously invoking this vague buzzword while EPO management sets up events to promote the practice (they also say “ICT”, “CII”, “4IR” and so forth).

This is not normal. It’s not acceptable. They are bypassing laws and misleading everyone. The latest example of software patents being disguised as “AI” to fool patent examiners is about a day old (a press release that says “FICO Awarded Seven New Patents for Analytic Innovations in Fraud Detection and AI,” then “FICO has been awarded seven new patents for fraud detection, AI and analytics”). FICO basically gets a bogus — i.e. likely invalid — monopoly on abstract ideas (courts would reject these patents), but unless PTAB receives a petition (IPR) FICO can engage in patent shakedown against rivals.

“FICO basically gets a bogus — i.e. likely invalid — monopoly on abstract ideas (courts would reject these patents), but unless PTAB received a petition (IPR) FICO can engage in patent shakedown against rivals.”This week’s Microsoft- and patent trolls-funded event of IAM also promotes software patents and here’s Microsoft doing its ‘share’ of the task, dubbing software patents “AI”.

“Microsoft’s Nicolas Schifano very clear on why much of AI is patentable,” IAM wrote (and there’s a photo there as well). There’s still not a word from them about Battistelli’s talk in support of software patents (using the latest buzzword); he was definitely there as scheduled. What’s noteworthy is that IAM is now legitimising the judge-bashing Watchtroll. They’re all in this together. A lobby of shame.

Unfortunately, words (or terms) like “AI” can be problematic even if examiners recognise these and throw away the papers (applications). Line managers, for example, can use Battistelli’s buzzwords du jour (e.g. “ICT”, “CII”, “4IR”) and then demand from patent clerks/examiners that they issue a patent/grant. The way things are going right now are profoundly depressing; the examiners are losing any pride associated with their job (work that is hard to replace because of exit conditions and the nature of contract they signed).

Yesterday we saw AA Thornton & Co’s Leonita Paulraj writing about the EPO’s patent assessment criteria, which are mostly overlooked/ignored by corrupt Battistelli (who only wants lots of grants in order to game the system). “In the recent past,” Paulraj wrote, “the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages.”

She emphasises that it’s about pharmaceuticals and biotechnology way upfront:

This article considers how the EPO views the requirement of “plausibility”, which can arise during both the assessment of “sufficient disclosure” of the invention and “inventive step” in proceedings before the EPO, particularly in relation to inventions in the Pharmaceuticals and Life Sciences field.

The EPO Guidelines for Examination (EPO Part F-III, 12) state that if the claimed invention lacks reproducibility, this may become relevant under the requirements of sufficiency of disclosure or inventive step. If an invention lacks reproducibility because its desired technical effect as expressed in the claim is not achieved, this results in a lack of sufficient disclosure, which has to be objected to under Art. 83 EPC (sufficiency). Otherwise, i.e. if the technical effect is not expressed in the claim but is part of the problem to be solved, there is a problem of inventive step, which has to be objected under Art.56 EPC (inventive step).

[...]

The EPO has issued a number of decisions on plausibility, however, none of these decisions are conclusive. The question of plausibility is assessed by the EPO case by case.

From the decisions discussed above, it appears that even if a claim is non-obvious with respect to the prior art or in the absence of any prior art, the EPO could still refuse a case if it is not plausible at the date of filing that the invention does solve the problem it purports to solve.

Likewise, the requirement of sufficiency of disclosure must be met at the date of filing and if the application or patent is found later that it does not meet the requirement, it is no longer possible to correct this deficiency.

In the recent past, the EPO appears to have become more strict with the requirement of plausibility, and therefore it is advisable not to be in a hurry to file an application, especially in the fields of pharmaceuticals and biotechnology, without any clear evidence which supports that the invention has some technical advantages.

From what we can gather, based on what sources tell us, the EPC is being violated routinely in the domain of software, with people like Grant Philpott on top of this colossal failure. Software patents are nowadays being granted routinely by the EPO, often in defiance of examiners’ desires and sometimes in part due to buzzwords such as “AI”, “ICT”, “CII”, “4IR”. This is going to cause tremendous agony to Europe’s already-weak (compared to the US) software industry. The US is meanwhile removing many of these artificial barriers (Alice, which we shall cover in our next post, axes many software patents), spurring a boom in investment for software businesses.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  2. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  3. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  4. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  5. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  6. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  7. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  8. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  9. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  10. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  11. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  12. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  13. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  14. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  15. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  16. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  17. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  18. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  19. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  20. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  21. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  22. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  23. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  24. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  25. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  26. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  27. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  28. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  29. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  30. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts