Bonum Certa Men Certa

We Will Never Have a Meaningful Debate About Patents When the Media Calls Algorithms “AI” and the EPO is Called “EU Patent Office”

Had they called it “EPO Patent Office” we'd have a recursive acronym like GNU

dad                    yes, son               what is AI again?                                 something smart                                smart?                  algorithm! Then he realised any algorithm which does stats/maths is 'AI'



Summary: Low-quality reporting is part of the reason we have low-quality debates about patent law

BASED on the world's trashiest tech tabloid, ZDNet [1], there are patents based on "HEY HI" (AI). The USPTO uses that as an excuse for granting abstract patents, with WIPO (UN) cheering from afar. Then we have TechDirt [2], and Slashdot linking to TechDirt [3], which wrongly described this as an "EU" thing yesterday (to be fair to TechDirt, it did cover some EPO scandals in the Battistelli era, it opposes software patents in Europe, supports 35 U.S.C. €§ 101 and so on). It spoke of the "EU Patent Office" and more repetition of the falsehood (EPO predates the EU and has different member states). Those three examples from yesterday are good examples of bad and misguided journalism in this domain (truer than ever before so far in 2020).



"Unless we can get more people to accurately assess and fact-check, we'll carry on drowning in a sea of lies and myths."António Campinos has fallen in love with "AI" as a buzzword; but he apparently wasn't happy to allow computer-generated applications (or the likes of that, gaming the system with automation at the applicant's end).

Sadly, debates about these issues are rarely honest. This past week I responded to many misleading or outright false tweets from the EPO. Tweets aren't generally known for high quality, but those ones were just utter lies, sometimes paid-for lies.

A couple of weeks ago Hartwig Thomas (Switzerland) entertained one such EPO tweet when he responded with: "The claims are all false/heavily slanted:

- Disclosing some technique is almost never “unsafe”! - The concept of “owner” is related to the misused concept of “property”. - Open communication of a technique or method or machine does NOT prevent its commercial exploitation (just ask Red Hat!) - Why should use of knowledge ever be “authorized” by anybody? - Read boldrin/levine “against intellectual monopoly” who illustrate that patent law fails to achieve its goals and hurts society."

That's just a response to one EPO tweet among many (there are hundreds of new ones each month). Unless we can get more people to accurately assess and fact-check, we'll carry on drowning in a sea of lies and myths.

Related/contextual items from the news:



  1. Europe rejects patent applications signed with AI inventor


  2. EU Patent Office Rejects Two Patent Applications In Which An AI Was Designated As The Inventor

    We've written a bunch about why AI generated artwork should not (and need not) have any copyright at all. The law says that copyright only applies to human creators. But what about patents? There has been a big debate about this in the patent space over the last year, mainly lead by AI developers who want to be able to secure patents on AI generated ideas. The patent offices in the EU and the US have been exploring the issue, and asking for feedback, while they plot out a strategy, but some AI folks decided to force the matter sooner. Over the summer they announced that they had filed for two patents in the EU for inventions that they claim were "invented" by an AI named DABUS without the assistance of a human inventor.

    [...]

    The problem, yet again, is in people's misguided belief that everything must be owned by someone, and that somehow without a patent it is impossible to successfully commercialize or market a product. There is tremendous evidence to the contrary (including just by looking at products after their patents run out -- which is often a time when more innovation occurs, since there's greater competition driving improvements). But, instead, you hear nonsense like the following from Prof. Ryan Abbott, who helped file the two now rejected patents, arguing that without patents, somehow these inventions might not come to be:



  3. EU Patent Office Rejects Two Patent Applications in Which an AI Was Designated As the Inventor


Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
 
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day