Bonum Certa Men Certa

Europe is Getting Flooded With Software Patents, Repeating the Mistakes Made by the United States

Europe on Earth



Summary: Today's EPO is totally neglecting any perception or aspiration for patent quality; even abstract ideas are being enshrined as European Patents and examiners are compelled to play along, even in clear defiance of the European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973

THE EPO is not supposed to allow/award/grant software patents in Europe. António Campinos most certainly knows that, but he doesn't care. Since his term had started the EPO relentlessly promoted software patents like no time before. Even the U.S. Patent and Trademark Office (USPTO) is tougher on software patent applications, owing to 35 U.S.C. €§ 101. At the USPTO examiners don't risk losing their job for rejecting these.



"At the USPTO examiners don't risk losing their job for rejecting these."The EPO's management has learned the tricks; it instructs the applicants to use a bunch of mindless buzzwords like "AI" and then threatens examiners who see past the buzzwords (more or less every computer algorithm can be 'spun' or framed as "AI" because the concept is rather broad and vague).

The game of buzzwords isn't limited to the West; China plays that game as well, Korea's KIPO uses buzzwords made up/shored up by the EPO, and Singapore's IPOS is among these corruptible patent offices that use buzzwords like "IoT and AI" to give teeth to abstract and likely bogus software patents. Here's an example from yesterday, an "[i]nterview [with] Daren Tang of IPOS on office initiatives, AI and Belt and Road" ("AI" again, in the summary below as well). To quote:

The head of the Intellectual Property Office of Singapore discusses IP trends in Singapore and ASEAN, including challenges spurred by IoT and AI, and innovations to capture Belt and Road Initiative opportunities


Nowadays patents get granted on all sorts of algorithms, including in the research domain I come from (computer vision). Here's an example from last night.

"Nowadays patents get granted on all sorts of algorithms, including the research domain I come from (computer vision)."The EPO goes even further than most patent offices in enabling software patents. As we explained earlier this week, the EPO has lost any sense of shame and nowadays it's just openly promoting software patents under the guise of "AI". Here's a new report about it: [via]

The European Patent Office (EPO) has published a preliminary update of its guidelines for examination, including changes for provisions relating to the patentability of artificial intelligence (AI) and machine learning. Under the new provisions, real-world technical applications of AI and machine learning are patentable, as are inventions relating to inventions specifically adapted computer hardware.

However, according to Alex Korenberg, partner at Kilburn & Strode, the provisions mean that fundamental advances in AI and machine learning that are not specific to any application or hardware remain unpatentable.


So they're just granting more and more monopolies on algorithms in Europe. As Benjamin Henrion quotes, calling it the "EPO's technical tautology" (citing what we cited earlier this week): "However, restriction of the claim to a specific technical purpose and/or a specific technical implementation may impart technical character onto the AI algorithm and thus the invention may be considered patentable by the EPO."

That's ridiculous. They're just granting patents on algorithms because of buzzwords and actively advising applicants to take advantage of this loophole they're created.

"In practical terms Campinos has changed nothing at all since Battistelli left his penthouse."Over in the US, back on September 13th, a site called Visual Capitalist was calling software patents "AI" once again; it's one among those many articles advising applicants to bypass the limitations imposed by the courts, even if the courts rather than examiners will reject such patents anyway.

IAM, a loud proponent of software patents and a partner of the EPO, has just advertised an event it hashtagged "Software IP Patent" (as in software patents by another name because US courts nowadays reject these).

It's not hard to see whose agenda is served by all this. It's also not hard to see the role of Campinos, even if he (characteristically) keeps quiet and keeps himself in the background. In practical terms Campinos has changed nothing at all since Battistelli left his penthouse.

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
 
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025