Bonum Certa Men Certa

Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

AJ Park and NSA



Summary: Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)

RECENTLY, including earlier today, we wrote about the 'AI' nonsense. Both the European Patent Office (EPO) and the USPTO use this nonsensical term, albeit it seems like the EPO started it. More recently WIPO too followed, along with the UN (that it's a part or extension of).



"...this "AI" hype had started just before António Campinos became President of the EPO."What on Earth is going on? Some hours ago IP Watch published this piece, behind paywall, about yet more of the same. Corrupt WIPO is promoting software patents (illegal almost everywhere) under the guise of "AI" and Catherine Saez played along by writing: "Artificial intelligence is with us to stay, and you can expect solutions to great challenges, but governments should be prepared to invest in education and research to keep up with the two global leaders of the field: the United States and China. This is in essence what several speakers said recently at an event held at the World Intellectual Property Organization."

We might also add that much of this "AI" hype had started just before António Campinos became President of the EPO. It started at the end of Battistelli's reign of corruption. Not that Campinos ended this corruption...

"It started at the end of Battistelli's reign of corruption."An article by Anton Blijlevens and Brook Dyer of AJ Park has also just been published under the title "European Patent Office Releases Guidelines On AI Patentability".

For those who don't know, AJ Park has long lobbied for software patents [1, 2, 3] in Australia and in New Zealand; well, now it's pleased that EPO management calls software patents "AI" to cheat the system, warp the whole discussion and then grant fake European Patents. Blijlevens and Dyer wrote:

In November last year, the European Patent Office (EPO) released guidelines relating to the examination of patent applications for artificial intelligence (AI) and machine learning (ML) based inventions. These guidelines, G-II 3.3.1, provide clarification on how patent applications for inventions relating to AI and ML will be handled by the EPO.

The patentability of AI and ML based inventions has received interest of late, partially due to media hype and the growing expectations and concerns surrounding AI and ML technologies. In May last year, the EPO hosted an international conference to discuss the challenges of patenting AI and ML inventions. Last June, the heads of the patent offices of China, Japan, Korea, Europe, and the United States (the IP5) jointly noted that the impact of AI and ML on the patent system was one of their top strategic priorities.

The newly released EPO guidelines address the issue of the patentability of AI and ML based inventions. The guidelines provide that inventions relating to AI and ML are based on 'computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis.'


These are all algorithms and I wrote about most of these, worked with them (programming) and explained these 15 years ago in university. It's not novel and it's clearly abstract; it's mathematics. These aren't novel or emerging because they have been around for a very long time. The theory behind them has been explored for decades and there's plenty of literature (mostly equations). So just because people now apply "ML" to do X, Y and Z we're supposed to think it's unprecedented and "innovative"? There may not be prior art in patents because patents on mathematics are generally not permitted.

"The site they link to is a patent maximalists' site that helped the EPO promote UPC and habitually spoke to corrupt Battistelli."Some hours ago the EPO wrote: "Recent survey of IP professionals shows EPO is the best IP office for patenting AI technologies. Thank you for your trust in us!" (links to this recent page which we mentioned last week)

Trust? Whose? Patent maximalists' maybe. The site they link to is a patent maximalists' site that helped the EPO promote UPC and habitually spoke to corrupt Battistelli.

According to this site, the EPO is best for software patents (if framed as "AI"); so brags the EPO, which also habitually links to its media partner, IAM. They're like propaganda mills of the EPO, based in London and closely connected to law firms in London.

"Judge Corcoran's last bit of work dealt with such a patent application, which he rejected."The EPO then wrote: "Business and commercialisation experts in the field of #MedTech should attend this event in Lund, Sweden: http://bit.ly/CII_medtech"

"CII_medtech" leads to a page titled "Computer-implemented inventions in Medtech with focus on value of patents for SMEs" (warning: epo.org link).

By "CII" the EPO means software patents (not allowed), but painted as "life-saving" ('Med' Tech) and "for SMEs" (the 'small guy'). Incredible spin right there. Judge Corcoran's last bit of work dealt with such a patent application, which he rejected.

"Never mind if blockchains are software. So the EPO shamelessly promotes software patents which are not allowed."The EPO then went on to writing: "#Blockchain and #patents? Hear what experts have to say on these two topics that are of relevance to your work..."

Last time the EPO brought "experts" to speak about blockchains these were patent trolls from the US. Never mind if blockchains are software. So the EPO shamelessly promotes software patents which are not allowed. The Office is blatant about this. It doesn't even hide it.

Perhaps the EPO was all along gambling on bypassing the courts and replacing national judges with dependent (on the EPO) ones. How anarchic would that be? EPO managers or Team Campinos would suddenly be in charge of everything. Maybe Battistelli would then become chief of the UPC.

Max Walters of the patent microcosm's press apparatus meanwhile spreads the typical misinformation and promotion of the awful UPC (his bosses want the UPC). Earlier today he published this alarmist piece that says this about the UPC:

Elsewhere the IP guidance reiterates concern regarding the UK’s participation in the planned Unified Patent Court (UPC). It warns: ‘It is unclear whether the Court of Justice of the EU (CJEU) would regard the participation of a non-EU member state in a UPC system with the power to refer matters to the CJEU as lawful, and in particular whether participation in the unitary patent part of the UPC is possible.’

The ability of solicitors to represent clients in the court would also be in doubt, the Society warns.

Whether the UPC comes into being at all is up in the air pending the completion of a constitutional challenge in Germany, one of the countries that must ratify the UPC agreement.


We are watching closely what Stephan Harbarth does next [1, 2] because it seems plausible that Team UPC is once again (as before in the Bundestag) relying on mischief in the FCC (throwing out the constitutional challenge in Germany based on financial ideology of a UPC 'true believer' with vested interests in the outcome).

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
 
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026