Bonum Certa Men Certa

EPO Stacking up Buzzwords (4IR, AI, Now SDV) to Compel Examiners to Grant Patents on Algorithms

Summary: Instead of looking for ways to better obey the law and comply with the EPC, President Campinos is creating new loopholes, further lowering patent quality in order to fake 'growth'

FRENCHMAN (dual national) António Campinos has brought promotion of software patents in Europe to unprecedented levels. The European Patent Office (EPO) promotes such patents about twice or thrice a day, on average. We never saw anything quite so grotesque under Battistelli. In that regard, namely scope/quality of patents, Campinos seems to be even worse than Battistelli (and that's just the start of his term; it can get a lot worse in years to come).



"Self-driving vehicle technologies are progressing strongly," the EPO wrote yesterday, citing its very own study ("a new EPO study confirms"). It's like another one of those Battistelli 'studies'; has much actually changed since Battistelli left? Maybe only the buzzwords. Battistelli kept saying "4IR"; now they have a new three-letter buzzword, SDV, to obsses over. This typically means software patents pertaining to something inside the car (like those infamous "over the Internet" or "on a phone" patents).

It didn't take long for the EPO to also tweet: "@RobertaRomanoG, COO for Mobility & Mechatronics at the EPO, spoke on the panel debate of the #EUCAR conference about the recently published study on trends in #selfdriving vehicle innovation..."

For all we can see/gather, EPO staff hates her. It's hard to forget that Roberta is a career climber close to Battistelli. She allegedly defended his abuses and corruption [1, 2] -- something for which people get rewarded at the Office. In other words, the only/best way to get a raise/promotion is to be evil and potentially complicit in criminal activities.

"The number of European patent applications related to autonomous driving has grown 20 times faster than other technologies in recent years, an EPO study has found," Michael Loney wrote in order to help the EPO's propaganda that tries to pass off patents on algorithms, i.e. bogus software patents, as "cars" something. Loney writes for a patent maximalists' publication that has historically been close to Battistelli.

There's similar coverage this week not just in English (e.g. in Heise). To give another example which is in English, consider World Intellectual Property Review's (WIPR) participation in this latest stunt:

The number of European patent applications related to autonomous driving has grown 20 times faster than filings for other technologies in recent years, according to a study by the European Patent Office (EPO) and the European Council for Automotive R&D.

A release shared by the EPO yesterday, November 7, said that the statistics may “signal the coming of a transport revolution”.

The study, titled “Patents and self-driving vehicles”, showed that between 2011 and 2017, patent filings at the EPO relating to autonomous driving increased by 330%. However, filings directed to all other technologies in the same period rose by just 16%.

Over the past decade, the EPO said it has received approximately 18,000 patent applications related to self-driving vehicles; almost 4,000 filings were made in 2017 alone.


So EPO management can now pressure examiners to grant abstract patents if these have something to do with a car. As of one week ago, new guidelines came into effect which put similar pressure on examiners, instructing them to grant software parents if the applicant says "AI". The National Law Review has just published this 'ad' of Michael T. Renaud and Marguerite McConihe (Mintz); they're the latest of many to exploit EPO abuses to market software patents disguised as "AI". The 'ad' is disguided as information:

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject matter may be treated as largely unpatentable. The new guidelines, G-II 3.3.1, provide that AI and ML are “based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis.” These “computational models and algorithms” are, according to the guidelines, “per se of an abstract mathematical nature.”

Mathematical methods and purely abstract mathematical concepts are generally excluded from patentability under EPO guidelines. Chapter 3 of the EPO Guidelines for Examination provide the “List of Exclusions,” which includes the exclusion for claims based on mathematical methods in section G-II 3.3. That the AI and ML guidance is provided within this section, as G-II 3.3.1, indicates that claims based on this subject matter will likely face default exclusion from patentability.


They are again (mis)using buzzwords to work around the law and violate the EPC. Another term they like to abuse is "blockchain", which very obviously refers to algorithms. The EPO has resorted to promoting these fake patents using hype waves. Here's a tweet from yesterday: "The Office is organising a conference on patenting #blockchain. Among other things, we'll be discussing the future implications of blockchain #patents for society. Sign up for free here: http://bit.ly/EPOblockchain18 pic.twitter.com/PNll8H3wqp"

So that's the EPO in a nutshell: it just doesn't care what the law says, it always tries to work around it.

Recent Techrights' Posts

There's Nothing "Funny" About Attacking Free Speech and Software Freedom
persistent focus on the principal issues is very important
GNU/Linux Adoption in Africa, a Passageway Towards Freedom From Neo-Colonialism
Digi(tal)-Colonialism and/or Techolonialism are a thing. Can Africa flee the trap?
 
Links 05/12/2023: Microsoft's Chatbot as Health Hazard
Links for the day
Professor Eben Moglen Explained How Software Patent Threats Had Changed Around 2014 (Alice Case) and What Would Happen Till 2025
clip aged reasonably well
CNN Contributes to Demolition of the Open Web
Reprinted with permission from Ryan Farmer
Eben Moglen on Encryption and Anonymity
The alternate net we need, and how we can build it ourselves
Yet More Microsofters Inside the Board of Mozilla (Which Has Just Outsourced Firefox Development to Microsoft's Proprietary Prison)
Do you want a browser controlled (and spied on) by such a company?
IRC Proceedings: Monday, December 04, 2023
IRC logs for Monday, December 04, 2023
GNU/Linux Now Exceeds 3.6% Market Share on Desktops/Laptops, According to statCounter
things have changed for Windows in China
Over at Tux Machines...
GNU/Linux news
Links 05/12/2023: Debt Brake in Germany and Layoffs at Condé Nast (Reddit, Wired, Ars Technica and More)
Links for the day
[Meme] Social Control Media Giants Shaping Debates on BSDs and GNU/Linux
listening to random people in Social Control Media
Reddit (Condé Nast), Which Has Another Round of Layoffs This Month, Incited People Against GNU/Linux Users (Divide and Rule, It's 2003 All Over Again!)
Does somebody (perhaps a third party) fan the flames?
Who Will Hold the Open Source Initiative (OSI) Accountable for Taking Bribes From Microsoft and Selling Out to Enable/Endorse Massive Copyright Infringement?
it does Microsoft advocacy
Using Gemini to Moan About Linux and Spread .NET
Toxic, acidic post in Gemini
Web Monopolist, Google, 'Pulls a Microsoft' by Hijacking/Overriding the Name of Competitor and Alternative to the Web
Gulag 'hijacking' 'Gemini'
Links 04/12/2023: Mass Layoffs at Spotify (Debt, Losses, Bubble) Once Again
Links for the day
ChatGPT Hype/Vapourware (and 'Bing') Has Failed, Google Maintains Dominance in Search
a growing mountain of debt and crises
[Meme] Every Real Paralegal Knows This
how copyright law works
Forging IRC Logs and Impersonating Professors: the Lengths to Which Anti-Free Software Militants Would Go
Impersonating people in IRC, too
IRC Proceedings: Sunday, December 03, 2023
IRC logs for Sunday, December 03, 2023
GNU/Linux Popularity Surging, So Why Did MakeUseOf Quit Covering It About 10 Days Ago?
It's particularly sad because some of the best articles about GNU/Linux came from that site, both technical articles and advocacy-centric pieces
Links 04/12/2023: COVID-19 Data Misused Again, Anti-Consumerism Activism
Links for the day
GNOME Foundation is in Reliable Hands (Executive Director)
Growing some good in one's garden
Links 03/12/2023: New 'Hey Hi' (AI) Vapouware and Palantir/NHS Collusion to Spy on Patients Comes Under Legal Challenge
Links for the day
'Confidential Computing'? More Like a Giant Back Door.
CacheWarp AMD CPU Attack Grants Root Access in Linux VMs
IRC Proceedings: Saturday, December 02, 2023
IRC logs for Saturday, December 02, 2023
Links 03/12/2023: CRISPR as Patented Minefield, Lots of Greenwashing Abound
Links for the day