Bonum Certa Men Certa

Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

Related: Michael Frakes and Melissa Wasserman Complain About Low Patent Quality While Watchtroll Lobbies to Lower It Further

Trump and Iancu



Summary: The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)

THE emergence of SCOTUS's decision on Alice and today's 35 U.S.C. €§ 101 was quite revolutionary. We have no issue with USPTO-granted patents on physical things (an example from several hours ago can be seen here) but on algorithms -- something which the European Patent Office (EPO) too has been guilty of lately.



"Examiners need to better understand and respect patent scope, irrespective of what was done in the past (prior art)."Recently there were those who framed prior art [1, 2] -- not patent scope -- as a core issue. Not even Watchtroll was happy about it (labeling it "An Overstated Solution to Patent Examination"). Examiners need to better understand and respect patent scope, irrespective of what was done in the past (prior art). Compare this to prior Watchtroll rants/coverage about prior art (like this from 2 days earlier).

We don't mean to say that prior art never matters; alluding to this failing company (GoPro), for instance, Patently-O recently highlighted this case where prior art eliminated wrongly- and already-granted US patents, thanks to PTAB’s availability/existence. To quote:

On appeal, the Federal Circuit disagreed with the PTAB’s conclusions — holding that the Board too narrowly “focused on only one of several factors that are relevant to determining public accessibility in the context of materials distributed at conferences or meetings. . . . [O]ur case law directs us to also consider the nature of the conference or meeting; whether there are restrictions on public disclosure of the information; expectations of confidentiality; and expectations of sharing the information.”

After reviewing the matter Federal Circuit rejected the PTAB analysis and found that the catalog’s use at the show counted as prior art.


"My win in the GoPro v. Contour IP case is the subject of Dennis Crouch's Patently-O post," Professor Lemley wrote in Twitter (about the above). It is worth noting that Watchtroll is proudly promoting Iancu's war on PTAB. Like Battistelli, Iancu hopes that the patent legitimacy problem will go away by marginalising the auditor.

"Search has always involved a degree of so-called 'AI' without it being exploited as a buzzword; this is becoming ridiculous."Speaking of prior art, there's no way to automate search for it as well as assessment. Domain experts are needed, hence the role of examiners. Days ago we saw the report "North Side company secures $250K to help develop AI-powered patent search tool"; They said "AI", so someone gave them money for something that would work poorly (if at all). IPPro Patents coverage of Dennemeyer buying Octimine also used the term "AI" in the headline. Search has always involved a degree of so-called 'AI' without it being exploited as a buzzword; this is becoming ridiculous. To quote:

The Dennemeyer Group has acquired patent search service provider Octimine Technologies, a start-up based in Munich, Germany.

Octimine, which was founded in 2015 founded by former LMU Munich and Max Planck Institute scientists Michael Natterer, Matthias Pötzl and Dietmar Harhoff, provides patent-searching and analysis tools utilising artificial intelligence (AI).


Judging by the everyday nonsense we see as early as this morning, there's "AI" nonsense everywhere. The latest fashion/trend? Marketing? António Campinos uses it all the time to promote software patents in Europe.

Recent Techrights' Posts

Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
 
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026