Bonum Certa Men Certa

EPO Granting European Patents on Nature and on Thoughts

Summary: 'Artificial' nature and algorithms that make decisions 'artificially' become monopolies in defiance of common sense and the law; the aspiration is to facilitate as many lawsuits as possible, not rewarding or promoting science

IT IS very simple to demonstrate, based on quantitative data, that software patents in Europe are promoted under António Campinos a lot more often than under Battistelli. Corrupt management doesn't understand anything other than numbers (e.g. patents granted) and it measures "quality" in terms of speed -- the equivalent of a restaurant assessing the quality of its dishes based on the number served per hour. Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts or those on the receiving end of lawsuits rather than patents.



"Dissatisfaction rates are measured by the litigation 'industry' (not even stakeholders at large) rather than courts of those on the receiving end of lawsuits rather than patents."To make matters worse, the EPO is ruining lives by granting patents on life -- something which the USPTO too has been doing. The US patent office is nowadays granting patents on life itself and Kevin Noonan, who promotes this nonsense for a living, seems happy. He published "University of California/Berkeley Granted Another CRISPR Patent" several days ago and IPPro Patents' coverage said that "[t]he US Patent and Trademark Office has granted the University of California a patent covering RNA guides that, when combined with Cas9 protein, can be used in gene editing. [...] In the most recent ruling, the US Court of Appeals concluded that the use of CRISPR-Cas9 in plant and animal cells is separately patentable from University of California, Berkeley, scientists Emmanuelle Charpentier and Jennifer Doudna's use of CRISPR-Cas9 in any environment."

"Seed patent growth prompts litigation and licensing fears," said another new headline, alluding to the EU Biotech Directive and EPC:

European seed companies traditionally did not own many patents. The European Patent Convention and the EU Biotech Directive (98/44) sets out that plant varieties and essentially biological processes for plant production are excluded from patent protection – in stark contrast to other jurisdictions, such as the US.

The laws do not rule out patent protection on plant varieties altogether, but they did have the effect of severely limiting how many inventions seed companies could register in Europe.

These companies have instead relied on plant breeders’ rights (PBRs) for a long time to protect their inventions on the continent. Those rights grants them exclusive control over the propagating and harvesting material of a new plant variety so long as it is new, distinct, uniform and stable, and allow competitors to request and buy protected varieties to further breed and develop them.

But over the past five years, agritech has taken a massive leap forward and new tools have allowed businesses to more easily discover and replicate specific plant traits that may encompass several varieties. These traits and the technology used to find them can be patent protected in Europe.


As recently as weeks ago Campinos liaised with those who promote patents on seeds. Campinos, being anything but a scientist himself, can possibly use lack of understanding as an excuse (as Battistelli did).

"As recently as weeks ago Campinos liaised with those who promote patents on seeds."Does Campinos know what "AI" is? Does Campinos just use the term because the marketing industry does? In Lexology-syndicated coverage from Rothwell, Figg, Ernst & Manbeck, PC's Jennifer B. Maisel and Eric D. Blatt we continue to see law firms piggybacking "AI" in an effort to sell abstract patents. It's becoming easy as Campinos has just 'legalised' software patents by using buzzwords like "AI". He's helped by Battistelli-connected sites like IAM, which only days ago wrote tweets like [1, 2]: "Sarboraria - we did a study a few years ago on AI-related patent applications post-Alice and found allowance rates in mid-80% range. Shows that innovators should not be dismissive of patenting for AI related inventions because of [Section] 101 [...] Last panel of the day - @Google’s Aaron Abood, @Arm’s Robert Calico, @intel’s Helen Li and Kenneth Lustig from @realwearinc discuss the IP challenges when protecting AI..."

Even the hardware industry is nowadays (name-)dropping the term "AI" for marketing purposes. Sometimes they say "Machine Learning", which is a slightly different thing. They use these terms to market themselves; "European Patent Office Gives Guidance on Artificial Intelligence and Machine Learning" from Cooley LLP's Arthur Laycock and David Wraige (as mentioned here days ago) has been reposted in another site; all they care about is getting clients. World Intellectual Property Review wrote that "AI examination guidelines come into force at EPO" while mentioning "algorithms" explicitly:

Guidelines on the patentability of artificial intelligence (AI) and machine learning technologies came into force yesterday at the European Patent Office (EPO).

In its annual update of its examination guidelines, the EPO—for the first time—provided guidance for examiners on the fast-growing area of AI and machine learning.

According to the guidance, AI and machine learning are based on computational models and algorithms which are of an abstract mathematical nature, regardless of whether they can be "trained" based on training data.


These are just algorithms!

As Benjamin Hernion noted, "EPO replaces the EPC exclusions with the "technical" character, mentioned 10 times in here to make math and AI patentable https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_ii_3_3_1.htm …"

But algorithms are definitely forbidden a patent monopoly. So what is going on here?

"These are just algorithms!"The EPO is meanwhile boasting about yet another event that openly promotes software patents (monopolies on algorithms) in Europe by writing: "You're invited to join us for a thought-provoking day to discuss the issues involved in the global #patenting of emerging technologies and help define the way forward. For more info and to sign up, click here: http://bit.ly/indoeur"

This links to a page (warning: epo.org link) that says: "This provides opportunities for emerging technologies such as Artificial Intelligence, capable of “Machine Learning” and optimising systems too complex for manually programmed algorithms; and Blockchain, for digital-speed processing of secure transactions."

The EPO also tweeted about "AI" explicitly just before the weekend: "We have published this summary of our conference on patenting #artificialintelligence. Read it for the main takeaways from the event: http://bit.ly/AIpatents" (they call software patents "AIpatents").

"So the EPO basically allows patents on thoughts or minds or a thinking process."When will politicians intervene (if ever)? Last month IP Kat wrote about this nonsense and it has just received this reply from Wim Mooij, who wrote: "Part of the confusion originates from the strange way people treat results of a class of computer algorithms under the classification AI. These "AI" algorithms require inputs and the selection of the inputs determines the results. Before showing the results, there like has been a further selection process. The creative aspects are: conceiving the idea of using these tools, finding a set of meaningful inputs and filtering the results. Surely worthy of copyright protection."

But these are still algorithms; they're just being categorised as if that magically makes them OK with the EU Directive, EPC etc. There's clearly no "device" involved.

The following comment then says:

So the problem as I see it is that a work to which 9(3) applies has no human creator, and yet must still be original. This problem arises even in the not-so-AI computer games cases like Nova. But maybe there is no contradiction, if what is required is for the computer to demonstrate originality. This is in line with some definitions of what AI actually is - "AI seeks to make computers do the sorts of things that minds can do" [1] (things like produce original art in the copyright sense?).


So the EPO basically allows patents on thoughts or minds or a thinking process. As we shall demonstrate at a later stage, the other such term the EPO nowadays misuses is "Blockchain" and patents on software are being granted provided the applicant overuses such terms.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day