Bonum Certa Men Certa

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

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. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
 
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026