Bonum Certa Men Certa

European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

So software is just A.I. or hey hi!



Summary: The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents

ALL the patent maximalists have left now is numbers. Lots and lots of numbers. Big numbers. A number of what exactly? Patents. Yes, entries on some computer system. One single computer in an ordinary desk can contain all those entries. A supercomputer can generate this much text in less than one second. What good are patents whose quality doesn't matter? Whose practical utility is questionable? What does this system even strive for? Ask WIPO, whose sole obsession is seeing a rise in numbers, even if much of that rise is attributable to low-quality patents from China -- patents that WIPO staff cannot even grasp because few people there can read Mandarin!

"Ask WIPO, whose sole obsession is seeing a rise in numbers, even if much of that rise is attributable to low-quality patents from China -- patents that WIPO staff cannot even grasp because few people there can read Mandarin!"WIPO is a symptom of a broader problem because today's leadership of the European Patent Office (EPO) and Trump's chosen leadership for the U.S. Patent and Trademark Office (USPTO) are truly appalling. Not only Iancu by the way! António Campinos -- like Battistelli -- totally lacks background in science, yet he has the audacity to meddle in legal cases regarding the fate of software patents in Europe (yes, he has already meddled in an upcoming legal case). Can Mr. Campinos even explain how a computer works? Are his computer skills limited to use of Microsoft Office? Regardless, António Campinos continues to post pointless photo ops while breaking the law every single day. He just proves that he's no different; he's another Battistelli. He still 'rides' his 'grace period'.

The latest EPO puff piece mentions Cambodia (warning: epo.org link) with no European Patents at all [1, 2]. It's about EPO and WIPO, best known to WIPO employees for its abuses against employees. "To strengthen international co-operation on patents," the EPO wrote, "a delegation from the EPO met with representatives of IP offices from around the world on the fringes of the Assemblies of the Member States of the WIPO in Geneva last week and signed a number of agreements."

In the carefully-prepared statement which glorifies Campinos (less qualified than most EPO examiners!) the EPO has also just amplified the "hey hi" hype: "EPO representatives also participated in an event organised by WIPO Director General Francis Gurry at which the implications of Artificial Intelligence for the global intellectual property system were discussed."

"António Campinos continues to post pointless photo ops while breaking the law every single day. He just proves that he's no different; he's another Battistelli."There are two aspects to this buzzword in the context of patents; one is automatically-generated patent applications (using algorithms) and another is patents on algorithms with some "logic" in them (that would be pretty much every algorithm with a conditional statement, i.e. a decision, in it). This is more of that sickening propaganda of the UN/WIPO. They seem to have become so fascinated by if not obsessed with fashionable buzzwords -- to the point where they've facilitated patents on just about anything. This problem is well recognised inside and outside patent offices, but few seem courageous enough to talk about it, especially in the media which is by far the biggest culprit (mindlessly spreading these buzzwords and superficial hype).

One need not look far to find those complicit in the scourge of misinformation. Days ago at IP Kat Hayleigh Bosher published some nonsense about "Artificial Intelligence", saying that "Chapter 2 focuses more specifically on the unique factors of AI, elaborating on AI as a legal phenomenon."

AI, AI, AI, AI, AI, AI, AI, AI, AI, AI, AI, AI...

"This problem is well recognised inside and outside patent office, but few seem courageous enough to talk about it, especially in the media which is by far the biggest culprit (mindlessly spreading these buzzwords and superficial hype)."Just keep repeating that nonsense...

The lawyers are totally exploiting buzzwords and hype to further their litigation agenda

Here's another new example of patent hype with "hey hi" slant, this time in the Wall Street Journal ( Jared Council's "Can an AI System Be Given a Patent?") and a new cartoon ("'Artificial' Intelligence"). Over at Law360 they're disguising bogus, bunk, fake software patents as "hey hi!" ("Self-Driving Vehicles' Neural Networks Present IP Conundrum"). To quote: "Artificial intelligence has been dubbed the fourth industrial revolution. In part, the development of AI has been spurred by our desire for automation, and there is no better nexus of these two areas than in the automotive industry, where the holy grail of automation is self-driving, or autonomous, vehicles.

"The lawyers are totally exploiting buzzwords and hype to further their litigation agenda ""There are already vehicles available that implement a degree of automation — Tesla Inc. was first to market with its autopilot feature, and many of the more traditional manufacturers are following suit with their own implementations."

Notice the addition of another buzzword in the first sentence: "fourth industrial revolution."

The EPO paid European media to spread this nonsense as well; it even made abbreviations for it (4IR, not TFIR). Then it bragged -- in inward and outward publications -- that the South Korean media copied or rather parroted this propaganda (we covered that at the time). It's important to take note of the patent offices' active role in dissemination of such nonsense.

They're then calling "hey hi" any algorithms with some "logic" in them. They rewrite examination guidelines accordingly, knowing that applicants would get the request for algorithm monopolies OK'ed by the examiners, as per the new guidelines (applicants also get major discounts if they're Microsoft customers with OOXML).

"They're then calling "hey hi" any algorithms with some "logic" in them."Notice what's happening at the USPTO right now. Michael Borella, a proponent of software patents (litigation is his 'business'), writes about the Office crafting new tricks for getting fake patents or software patents courts would almost certainly throw out. So does Dennis Crouch, a longtime proponent of software patents with ties to Watchtroll. To quote Borella: "Under Dir. Iancu, the USPTO has taken a seemingly broader view of eligibility than the Supreme Court, albeit much narrower than before Bilski, Alice, and Mayo. In January 2019, the PTO published a set of Patent Eligibility Guidance (2019 PEG). On October 17, 2019, the PTO released a new set of revisions based upon public comments. “All USPTO personnel are expected to follow the guidance.”"

So just like at the EPO he compels examiners to basically break the law or deviate from caselaw; those guidelines are likely not legal. Iancu, the corrupt Trump appointee, 'does a Battistelli' by deviating from the law. Here's more from Borella and his colleagues:

Early today, the U.S. Patent and Trademark Office released an update to its January 2019 Subject Matter Eligibility Guidance. Unlike the January Guidance, which represented a significant change in how the USPTO applies €§ 101 in examination and PTAB proceedings, this October Update is primarily an effort to clarify issues brought up by public comments on the January Guidance. While not exactly much ado about nothing, the October Update provides few changes to USPTO's stance on €§ 101.


The USPTO basically breaks the law. Responding to a tweet from Crouch, Benjamin Henrion wrote [1, 2]: "When does someone submit them to court? This is reopening the floodgates of software patents without a mandate. Better copy the European Patent Convention art52 exceptions, including computer programs."

"Welcome to the post-law patent regime. It no longer even pretends to adhere to law.""The EPO brags about copying its flagrant violations of the law to other continents," I responded, "America included..."

So the EPO's "hey hi" hype has officially spread to the USPTO, as was the practice of basically ignoring courts and ignoring the law. They grant illegal patents.

Speaking of buzzwords like "AI" and "4IR", how about other hype waves? Just several days ago Frances Wilding and David Lewin (Haseltine Lake Kempner LLP) published in Mondaq (original [PDF]) this "Review Of Blockchain Patenting At The EPO" and to quote:

The two charts show similar paths of increase in the numbers concerned, though the numbers for European patent applications are on a smaller scale. So far a total of just over 400 European patent applications which mention the term "blockchain" anywhere have been published and just over 190 European patent applications which mention the term "blockchain" in the claims have been published. It seems reasonable to expect that further European "blockchain" applications will feed continued growth in published European patent applications even beyond the estimate made for the full year of 2019.


Liars and charlatans are riding hype waves and set up events to hype up these things even further in the context of patents; throw some words like "blockchain" into a patent application and patents on algorithms are magically 'OK'? Welcome to the post-law patent regime. It no longer even pretends to adhere to law.

Recent Techrights' Posts

IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Flying in 2025
worse than ever before
 
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day