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

The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026