Bonum Certa Men Certa

EPO Makes Guidelines for Examination That Formally Allow Software Patents in Defiance of European Law

AI hype at EPO



Summary: The whole "HEY HI!" (AI) nonsense is making its way into guidelines for EPO examiners; this means that even when they're facing patent applications that are ineligible/unsuitable due to them being on algorithms the management will be able to impose/force a grant (in violation of the EPC), leaving courts to clean up this mess (if accused parties can afford lengthy court battles)

"HEY HI HEY HI HEY HI HEY HI!" (AI)

Repeat that with us. HEY HI. HEY HI. HEY HI.

It's the new craze. It once meant things like machines that learn stuff from data to form classifiers; nowadays it often literally means "computer" or "algorithm" or "automation".

"Does a device do something clever? HEY HI!"Does some computer replace a human job? Does it automate a task? HEY HI!

Does a device do something clever? HEY HI!

This lunacy is being formalised not only by the European Patent Office (EPO) but also by the U.S. Patent and Trademark Office (USPTO), where the number of granted patents grew again (more on that in our Daily Links; it's just indicative of decline in patent quality).

"I myself developed several machine learning programs a long time ago, as far back as my teenage years. It's neither new nor emergent."The HEY HI hype started under Battistelli. So it obviously continues under António Campinos, his 'ginger replica'. They lobby for software patents in Europe under the guise of HEY HI! Who in their right minds would oppose something with "intellectual" or "intelligence" in the name??? Who???

I myself developed several machine learning programs a long time ago, as far back as my teenage years. It's neither new nor emergent. And it's all just algorithms; it's maths, notably statistics (a branch of it). As Benjamin Henrion has just noted, "IBM Belinda Gascoyne lobbying for software patents once again at WIPO" ("WIPO Conversation on Intellectual Property and Artificial Intelligence"). WIPO and by extension the UN has swallowed all this "HEY HI" Kool-Aid, which was 'waterboarded' down its throat by the likes of IBM, possibly the world's biggest proponent of software patents. IBM does this everywhere, from NZ in the east to India in the nearer east, Europe at the centre (of the map) and of course the US in the west (we covered examples from each; IBM lobbies for that everywhere).

"Suffice to say, the EPO still hopes to toss out the courts themselves."Suffice to say, the EPO is still allowing bogus patents to be granted provided they're disguised as "HEY HI" ("AI"). Just figure out some way to spin your implementation as "AI" and an examiners will be pressured to grant that because, as the EPO has just put it: "The Guidelines for examination 2019 are now available online for preview."

There's something similar in the US right now, but we try to focus on Europe. Laurence Lai published this article about those guidelines for examination only hours ago; the first item in the list is about making software patents acceptable in the EPO even though these are clearly illegal and European courts would reject these. To quote:

The European Patent Office has today published an advance preview of its annual update to the Guidelines for Examination which will come into force on 1 November 2019.

[...]

1. Technical character of artificial intelligence inventions

Last year, a new section discussing the patentability of AI and machine learning claims was added. This has already been updated in the new Guidelines to soften the stance on features such as “support vector machine”, “reasoning engine” or “neural network”.

Previously considered to usually be devoid of technical character, EPO examiners are now expected to take into account whether the context of these features contribute to the technical character of a claim as a whole. A positive finding on technical character is an important factor in establishing an inventive step.

Additionally, the computational efficiency of an algorithm is now considered to contribute to the technical character of an invention if a technical effect of the computer program has already been established.

The EPO is therefore taking a step forwards towards recognising contributions that machine learning and efficient algorithms can make as patentable inventions.


This means more awful patents, or European Patents that courts would toss out (if one could afford the court battle).

Suffice to say, the EPO still hopes to toss out the courts themselves. It wants some phony "unified" courts that it better controls and Steptoe & Johnson LLP (Michael Thompson and Paul Hughes to be specific) has just posted this clueless analysis which says UPC has "been developed..."

"If the UPC or something like it ever materialised, it's pretty clear who would benefit the most: patent trolls with software patents."It was drafted, but it's dead. It's not happening due to EPO corruption for the most part. The EPO's disregard for the EPC is very much visible to all, including the FCC in Germany. To quote the full sentence: "Within the EU, the Community Trademark, the Registered Community Design and Unregistered Community Design Rights, and Unitary Patent have been developed, giving the owners of such IPRs greater jurisdictional reach across all EU Member States."

Not the case with patents though. Not yet. Probably never. If the UPC or something like it ever materialised, it's pretty clear who would benefit the most: patent trolls with software patents. That's the American classic (trolls typically rely on these patent families). Team UPC is consciously lying on behalf of SMEs it's looking to hurt and Henrion has said/quoted (this week): "When reading the preceding blog, it also becomes abundantly clear, that the UPC is not for SMEs, and in view of the attitude of certain EU members towards the UPC for some European Countries like Poland."

"Businesses wake up, politicians stand to defend them, and judges sooner or later realise that their integrity too is under assault."People are pushing back. Businesses wake up, politicians stand to defend them, and judges sooner or later realise that their integrity too is under assault.

Not that the EPO's managers care. The EPO hates judges and loves trolls. The EPO has retweeted a front group of patent trolls once again, even twice in a short period of time [1, 2]. Today's EPO works for trolls, not for scientists. It lies, it cheats, it blackmails people. Just like the trolls do.

Incidentally, hours ago IP2Innovate wrote about this problem. There's a new press release available as HTML (or as PDF) and they alerted us about it over IRC, so we've decided to reproduce it below. Here's their vision of Europe:

Industry calls on upcoming EU Commissioner for Internal Market to bring greater balance to Europe’s patent legal system and adapt it to the digital age



Ahead of the parliamentary hearing of the EU Commissioner-designate for the Internal Market Sylvie Goulard, the cross-sector industry coalition IP2Innovate sent a letter to the Commissioner-designate urging her to take steps as part of her mission to bring balance to Europe’s patent system to ensure it supports the region’s digital growth ambitions and enhances competitiveness in critical technology sectors.

Commission President-elect Ursula von der Leyen in her mission letter to Goulard asked her to “take a close look at [EU’s] intellectual property regime to ensure that it is coherent, is fit for the digital age and supports our competitiveness”. According to IP2Innovate, an effective and balanced patent legal system is an important prerequisite for Europe to be able to compete globally in the next frontier of technologies, such as blockchain and artificial intelligence. Unfortunately, the experience of IP2Innovate member companies, and many other European innovators, is that Europe’s patent system presently lacks this necessary balance, making it harder for companies to scale up and bring new products to market rapidly.

“In the digital age, products are increasingly complex, often covered by thousands of patents, which make them constantly subject to patent disputes”, IP2Innovate said in its letter to the Commissioner-designate. “Because the practice of many European courts is to issue automatic injunctions upon a finding of infringement, without considering a remedy that could be more proportionate, an accidental infringement of just one patent among many others can result in removing from the market a product necessary to access digital goods or services”.

According to IP2Innovate, this situation makes Europe more and more attractive to Patent Assertion Entities (PAEs), also known as “patent trolls”, who buy up patents only to assert them against innovative companies, including SMEs, and extract high settlement. These entities increasingly target the ICT-industry, central to growth and innovation across many industries.

Under the leadership of Commissioner-designate Goulard, IP2Innovate calls on the European Commission to take concrete steps to bring greater balance to Europe’s patent legal system to support the region’s digital growth ambitions and secure its competitiveness in critical technology sectors.


This pretty much echoes what they say every year and what we've been saying for many years. IP2Innovate is fronting for (mostly) technology companies; those who throw insults at IP2Innovate are almost always law firms and their front groups. That speak volumes, does it not?

Recent Techrights' Posts

Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
 
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026