Bonum Certa Men Certa

Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

AJ Park and NSA



Summary: Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)

RECENTLY, including earlier today, we wrote about the 'AI' nonsense. Both the European Patent Office (EPO) and the USPTO use this nonsensical term, albeit it seems like the EPO started it. More recently WIPO too followed, along with the UN (that it's a part or extension of).



"...this "AI" hype had started just before António Campinos became President of the EPO."What on Earth is going on? Some hours ago IP Watch published this piece, behind paywall, about yet more of the same. Corrupt WIPO is promoting software patents (illegal almost everywhere) under the guise of "AI" and Catherine Saez played along by writing: "Artificial intelligence is with us to stay, and you can expect solutions to great challenges, but governments should be prepared to invest in education and research to keep up with the two global leaders of the field: the United States and China. This is in essence what several speakers said recently at an event held at the World Intellectual Property Organization."

We might also add that much of this "AI" hype had started just before António Campinos became President of the EPO. It started at the end of Battistelli's reign of corruption. Not that Campinos ended this corruption...

"It started at the end of Battistelli's reign of corruption."An article by Anton Blijlevens and Brook Dyer of AJ Park has also just been published under the title "European Patent Office Releases Guidelines On AI Patentability".

For those who don't know, AJ Park has long lobbied for software patents [1, 2, 3] in Australia and in New Zealand; well, now it's pleased that EPO management calls software patents "AI" to cheat the system, warp the whole discussion and then grant fake European Patents. Blijlevens and Dyer wrote:

In November last year, the European Patent Office (EPO) released guidelines relating to the examination of patent applications for artificial intelligence (AI) and machine learning (ML) based inventions. These guidelines, G-II 3.3.1, provide clarification on how patent applications for inventions relating to AI and ML will be handled by the EPO.

The patentability of AI and ML based inventions has received interest of late, partially due to media hype and the growing expectations and concerns surrounding AI and ML technologies. In May last year, the EPO hosted an international conference to discuss the challenges of patenting AI and ML inventions. Last June, the heads of the patent offices of China, Japan, Korea, Europe, and the United States (the IP5) jointly noted that the impact of AI and ML on the patent system was one of their top strategic priorities.

The newly released EPO guidelines address the issue of the patentability of AI and ML based inventions. The guidelines provide that inventions relating to 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 are all algorithms and I wrote about most of these, worked with them (programming) and explained these 15 years ago in university. It's not novel and it's clearly abstract; it's mathematics. These aren't novel or emerging because they have been around for a very long time. The theory behind them has been explored for decades and there's plenty of literature (mostly equations). So just because people now apply "ML" to do X, Y and Z we're supposed to think it's unprecedented and "innovative"? There may not be prior art in patents because patents on mathematics are generally not permitted.

"The site they link to is a patent maximalists' site that helped the EPO promote UPC and habitually spoke to corrupt Battistelli."Some hours ago the EPO wrote: "Recent survey of IP professionals shows EPO is the best IP office for patenting AI technologies. Thank you for your trust in us!" (links to this recent page which we mentioned last week)

Trust? Whose? Patent maximalists' maybe. The site they link to is a patent maximalists' site that helped the EPO promote UPC and habitually spoke to corrupt Battistelli.

According to this site, the EPO is best for software patents (if framed as "AI"); so brags the EPO, which also habitually links to its media partner, IAM. They're like propaganda mills of the EPO, based in London and closely connected to law firms in London.

"Judge Corcoran's last bit of work dealt with such a patent application, which he rejected."The EPO then wrote: "Business and commercialisation experts in the field of #MedTech should attend this event in Lund, Sweden: http://bit.ly/CII_medtech"

"CII_medtech" leads to a page titled "Computer-implemented inventions in Medtech with focus on value of patents for SMEs" (warning: epo.org link).

By "CII" the EPO means software patents (not allowed), but painted as "life-saving" ('Med' Tech) and "for SMEs" (the 'small guy'). Incredible spin right there. Judge Corcoran's last bit of work dealt with such a patent application, which he rejected.

"Never mind if blockchains are software. So the EPO shamelessly promotes software patents which are not allowed."The EPO then went on to writing: "#Blockchain and #patents? Hear what experts have to say on these two topics that are of relevance to your work..."

Last time the EPO brought "experts" to speak about blockchains these were patent trolls from the US. Never mind if blockchains are software. So the EPO shamelessly promotes software patents which are not allowed. The Office is blatant about this. It doesn't even hide it.

Perhaps the EPO was all along gambling on bypassing the courts and replacing national judges with dependent (on the EPO) ones. How anarchic would that be? EPO managers or Team Campinos would suddenly be in charge of everything. Maybe Battistelli would then become chief of the UPC.

Max Walters of the patent microcosm's press apparatus meanwhile spreads the typical misinformation and promotion of the awful UPC (his bosses want the UPC). Earlier today he published this alarmist piece that says this about the UPC:

Elsewhere the IP guidance reiterates concern regarding the UK’s participation in the planned Unified Patent Court (UPC). It warns: ‘It is unclear whether the Court of Justice of the EU (CJEU) would regard the participation of a non-EU member state in a UPC system with the power to refer matters to the CJEU as lawful, and in particular whether participation in the unitary patent part of the UPC is possible.’

The ability of solicitors to represent clients in the court would also be in doubt, the Society warns.

Whether the UPC comes into being at all is up in the air pending the completion of a constitutional challenge in Germany, one of the countries that must ratify the UPC agreement.


We are watching closely what Stephan Harbarth does next [1, 2] because it seems plausible that Team UPC is once again (as before in the Bundestag) relying on mischief in the FCC (throwing out the constitutional challenge in Germany based on financial ideology of a UPC 'true believer' with vested interests in the outcome).

Recent Techrights' Posts

The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
 
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Televisions Have Become Billboards
Bottom line: you get what you pay for
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026