Bonum Certa Men Certa

USPTO and EPO: Call Software Patents 'Hey Hi' ('AI') and Use Microsoft Software (or Else!)

A dip in patent quality and integrity

A dip



Summary: The mischief of the world's biggest patent offices (or biggest bar China's) is costly and very much corrosive to the image of patent systems; if they don't obey the law, how is the public expected to respect them?

THE LATEST 35 U.S.C. €§ 101 cases (in our daily links) show that software patents continue to be rejected by courts, never mind what the U.S. Patent and Trademark Office (USPTO) says. As we shall show in other future posts (we've just received lots of new documents), the European Patent Office (EPO) is the same; European courts reject such patents and the UPC will never materialise, i.e. those courts will continue to decide on patent scope. While software patents are being granted in Europe there's no legal certainty; they're pointless if not worthless. António Campinos and his friend Battistelli were granting loads of fake patents or Invalid Patents (IPs).



"It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage."We recently wrote a bunch of articles about the "Hey Hi" (AI) hype -- more articles than we care to recall or even count. It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage. This dodge lets them fake 'productivity' -- in effect granting patents which they very well know courts would throw out (if given the chance/challenge).

Law firms don't really mind all these fake patents; they still get to collect payments from applications, renewals, searches and lawsuits. They're in it for the money, not for science or innovation (with few rare exceptions, who might end up seeking a career change sooner or later). Consider this latest promotion of software patents in Europe from a firm that brags about a "European Software Patents Knowledge Base" (while in this case acknowledging that the said patents aren't even valid!); also spot Gene Quinn (Watchtroll) still attacking judges ("Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True" is his latest insult/headline). He's just angry that the Federal Circuit rejects software patents and affirms inter partes reviews (IPRs). What a villainous site; it's hardly surprising that EPO management associates with it! The EPO too attacks judges. Today's EPO is a rogue institution placed above the law so that it can break the law every single day. It's granting patents on maths, on nature and on life. The USPTO too grants patent monopolies on life itself. Totally insane? Sure. But here, it has just done so again.

"Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI"."The "EPO [is] promoting swpats [software patents] again," Benjamin Henrion warned earlier this week. "Using patents to protect digital business models," he quoted from a new event page of theirs.

Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI". The USPTO copies some of these buzzwords.

"USPTO patenting statistics," Henrion wrote, citing the latest nonsense from the USPTO. They call it "AI" and it's about software; no matter if actual courts throw our or push all these fake patents away...

Disguising fake patents on software (or algorithms) using buzzwords like "hey hi" might help trick examiners, but not courts.

"USPTO seeks public comment on patent policy and artificial intelligence," said Susan Decker from Bloomberg, where she often spouts out the lies of the patent microcosm.

Bear in mind all these proponents of "AI" patents never even wrote any computer code. "AI" is, to them, some sort of "geek magic".

"Bear in mind all these proponents of "AI" patents never even wrote any computer code."Here's Dennis Crouch's take on "Artificial Intelligence (AI) Patents," where he states that: "The USPTO is seeking information on artificial intelligence (AI) inventions."

Here's the "CII" nonsense (the term which the EPO used to name-drop a lot): "written description support for computer-implemented inventions [CII] generally require sufficient disclosure of an algorithm to perform a claimed function, such that a person of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention."

Crouch wrote another post about price hikes and Microsoft promotion; it's a subject we wrote about last year. To quote: "New Fee: Non-DOCX Application Filing Surcharge Fee of $400" (OOXML promotion, discrimination against open standards like ODF). This might merit a separate post/rant because it's a major scandal and right now it's just in "proposal" status. There's an actual, confirmed scandal below [1]. Covered 2 days ago.

If patent offices want patents to be taken seriously, then they should themselves set an example. Obey the law, for starters.

Related/contextual items from the news:



  1. The Patent And Trademark Office Is Apparently Branching Out Into The Immigration Enforcement Business

    Here's another one of those weird signs of the time. Under any normal presidential administration, this move by the US Patent and Trademark Office might look a bit strange. But only a bit. There are some legitimate reasons for doing this, but filtered through the administration's xenophobia, it seems to be just another way to hassle non-citizens. (h/t Jef Pearlman)



Recent Techrights' Posts

Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024
Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024