Bonum Certa Men Certa

Global Patent Warming

I cannot grant those patents. So I will change the rules.



Summary: The old term "Global Patent Warming" comes to mind when one assesses the neoliberal approach of today's EPO, where the sole goal is making piles of money by granting loads and loads of illegal European Patents

UNDER the reckless management of Campinos and Battistelli the European Patent Office (EPO) makes it a lot easier for examiners to allow European software patents (sometimes compelling them to grant in defiance of the EPC because of the misguided guidelines), at least within the Office, not outside (national courts). Lawyers would admit and they occasionally say that it's even harder to get software patents from the USPTO (after AIA and 35 U.S.C. €§ 101) than from the EPO.



"Off-the-shelf Free/libre software libraries allow programmers to paint just about everything as "hey hi" within less than one hour."It's very troubling to us, especially geeks. The EPO makes it easier to get illegal patents on statistics and mathematics by misusing buzzwords like "hey hi" (AI) -- a term that nowadays refers to all sorts of things ranging from automation to computing. Off-the-shelf Free/libre software libraries allow programmers to paint just about everything as "hey hi" within less than one hour. It's very 'plug-n-play'; and still... it all boils down to algorithms.

Grzegorz Wesela-Bauman (JWP Patent & Trademark Attorneys) has published in Mondaq this piece entitled "New EPO Guidelines – Easier Procedures For Patenting AI-Based Inventions" and we'll quote just the relevant pieces of text while highlighting key parts:

The EPO has made considerable changes to both the procedural issues, which are important for patent attorneys, and in recognizing the patentability of inventions, which is of importance for inventors.

Among the procedural changes, it is worth pointing out the simplified representation for applicants before the EPO before granting the patent, or the simplified method of obtaining discounts for application payments and substantiative examinations when there is more than one applicant.

Substantive changes include granting AI-based inventions the status of technical solutions. A significant change has also been made in the area of novelty search, which may affect the procedures required for inventions in chemistry and pharmaceutical sciences. Additionally, facilitation is on the way for demonstrating the level of inventiveness, in particular for biotechnological and pharmaceutical inventions.

The number of changes is enormous and exceeds the scope of this post. Below is a short presentation of selected changes.

[...]

At present, the European Patent Office is working on clarifying the issue of patentability of inventions which were previously considered non-technical. This is relevant because recognizing the technical character is the first and foremost condition for an invention to be considered as such. The examination of the novelty and inventive step cannot begin until the first condition has been met.

Inventions that were previously denied technological character were the so-called computer implemented inventions (CIIs). Last year the EPO decided that those inventions are in fact technical. Artificial intelligence-based inventions (AI) and machine learning-based inventions (ML) have recently followed suit.

In the previous versions of its guidelines, the EPO demonstrated that it should be assumed that AI/ML inventions are non-technical. In the new version of its guidelines, the EPO has changed that approach and stated that the EPO's experts must assume that AI/ML-based inventions may have technical character.

Although this change may seem only superficial, it offers a significant improvement for the applicants. To be more precise, after the guidelines come into force, what the EPO experts will have to demonstrate is a lack of technical character of an AI/ML-based invention, whereas earlier it was the applicant who had to prove that the invention had technical character.

It is worth noting that there is a chance that the procedure for AI/ML inventions will become even friendlier for applicants this year. The European Patent Office is currently deliberating whether inventions based on computer simulations can be patented. Should this happen, it will become easier for applicants to not only demonstrate the technical character but also to demonstrate that this type of invention involves an inventive step.


So just like that they ignore caselaw, violate the EPC, throw away instructions from Parliament and trample over software developers (who were never consulted about this).

Lobbying by the litigation industry, helped by their media (with buzzwords and hype waves), may have yielded results.

"Lobbying by the litigation industry, helped by their media (with buzzwords and hype waves), may have yielded results."The EPO is basically stepping away further and further -- even more so under Campinos -- from the rules that govern it. Then it goes to other countries for photo ops that yield this kind of piece from J A Kemp LLP (patent litigation firm). To quote: "It has been announced that the European Patent Office (EPO) has signed an agreement with the government of Georgia to enable European patents to be validated in Georgia. The validation agreement will enter into force once it has been adopted into Georgian law."

So EPO guidelines become another country's too? Even outside Europe? Even if the EPO violates the law? We don't suppose Georgia's 'IP' people understand that nowadays many European Patents are fake/invalid patents. We've also just noticed this new puff piece from World Intellectual Property Review, reminding us once again that it's little but a megaphone of litigation zealots and -- by extension -- EPO management. To quote: "The European Patent Office (EPO) has released new search tools in a bid to improve the world’s largest free collection of patent documents. In an announcement yesterday, November 19, the EPO said the new Espacenet is a “substantially revised and improved version” of its existing patent information search tool. It said new functions will make it easier for users to conduct searches and access more than 110 million patent documents from across the world for free."

"Good luck to the lone inventor, searching monopolies or millions of submarine patent ambushing him/her, awaiting litigation opportunities to bankrupt his/her business."For free!

Good luck to the lone inventor, searching monopolies or millions of submarine patent ambushing him/her, awaiting litigation opportunities to bankrupt his/her business. Good for innovation?

Why aren't there BILLIONS of documents? Not yet? Maybe trillions? That would be lots and lots of "innovation"... correct?

We've meanwhile also learned from this self-promotional article in Lexology that "a recent European Patent Office (EPO) case has shown that further measures may well be needed" to "keep information truly confidential..."

But wait, isn't patenting all about publication?

Terence Broderick from UDL Intellectual Property [sic] writes about T2239/15, which concerns MPEG. These MPEG patents are very likely bogus software patents (geometry, mathematics etc.) that are grouped in massive numbers to make it far too expensive to invalidate them all. The EPO should not grant any of these, but in practice it even offers special awards to the person who's responsible for hundreds of these. From the article:

In recent case T2239/15 the EPO considered whether documents which were said to be ‘private’ were also ‘confidential’, in the absence of any agreement to say so.

Two prior art documents were cited in examination proceedings which the applicants claimed were confidential working documents, circulated as part of the MPEG (Motion Picture Expert Group) working group. The applicants submitted that a confidentiality agreement was in place within the working group.

A variety of submissions were filed to support this stance which centred on the secrecy associated with national standards bodies, obligations set out in guidelines for delegates and files which set out that documents resulting from meetings of the working group (known as input documents) were considered ‘private’.

However, the flexible nature of the working group couldn’t support an obligation of confidentiality on the members. Indeed, the documents themselves even indicated that members of the group were encouraged to seek external expertise. It was said that the number of members was indefinite and that no absolute obligation of confidentiality existed.

Therefore, the problem wasn’t sharing documents, but that it couldn’t be guaranteed that all members of that group were covered by an explicit obligation of confidentiality — even if documents shared between the members are accepted as being ‘private’.


The EPO does not care about confidentiality; the EPO violates confidentiality and then covers it up. It's a crime, sure, but if the EPO hides evidence of it, will it count? And even if it got caught, nobody would be punished because of immunity.

Recent Techrights' Posts

What Matters More Than "Market Share"
The goal is freedom, not "market share"
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
 
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day