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

At the Root of the SLAPPs There Are Matters of GitHub Corruption and Microsoft Competition Crimes
Keep both eyes on the ball; this is about monopoly abuse and attempts to muzzle critics
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
 
Gemini Links 11/04/2025: Microcosmographia Academica and Ada Language
Links for the day
Links 11/04/2025: "Getting Screamed At" and LLM Crawlers as Vandals Online
Links for the day
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it