Bonum Certa Men Certa

Using 'Hey Hi' (AI) and Mindless Buzzwords to Spread Confusion and Blur the Gap Between Computer-Generated Patents and Patents on Algorithms

It's... just... "MAGIC!"

Forgotten Magic



Summary: The patent 'industry' (people who sue for a living, or instead shake down people/firms with expensive lawsuits as deterrents) is intentionally lying to us all; nowadays it loves leveraging the media's 'darling' buzzword, 'Hey Hi' (AI), describing it as some sort of magic that merits lots of worthless patents

THE European Patent Office (EPO) has long sought to violate the EPC, e.g. by misinterpreting it, then grant loads of fake patents on abstract things. António Campinos is even more shameless about it than Benoît Battistelli. Campinos is one heck of a snake and since he never coded anything he can use his ignorance as an excuse for granting software patents in Europe. Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like...



"Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like..."I've done machine learning for a very long time (in 2003 I already wrote papers about it) and the term is actually a lot more meaningful than "Hey Hi", which is nonsensical fluff that goes back to the dawn of computing. It's the basic idea that computers can emulate some process humans otherwise do, e.g. playing chess (I wrote some computer programs that do this as far back as 2001 when I was a teenager). What's inexcusable is this bizarre resurgence in shallow media (bogus 'journalism') in recent years. A couple of years ago they started calling just about everything "Hey Hi", just as a decade or so earlier they began rebranding almost everything "cloud" and software became "apps"...

"The debate is, as usual, being hijacked by the patent (litigation) 'industry'..."This superficial transition from meaningful (relatively technical) terms to buzzwords and pure hype isn't an accident; it's a deliberate marketing strategy and a lot of it is geared towards surveillance as a business model. Patent lawyers too were fast to take advantage of these rebranding campaigns, calling it or hailing it all as some kind of "industrial revolution" (leading to fluff like "Industry 4.0" and "4IR"). This may seem funny, but there's a very nefarious and sinister angle to it all. So it isn't down to mere amusement...

The debate is, as usual, being hijacked by the patent (litigation) 'industry'...

As recently as yesterday we saw Anastasiia Kyrylenko at IP Kat as CIPA (Chartered Institute of Patent Attorneys) megaphone, noting yesterday that:

On June 24th, the Chartered Institute of Patent Attorneys and Dr. Rhiannon Turner will be holding an online event to discuss the recent EPO EBA decision in G3/19...


Separately, another site advertised a "webinar" (basically "dude with a webcam") about "EPO Case Law on Priority" by:

Christopher Rennie-Smith, European Patent Consultant, former Chairman and legal member of a Technical Board of Appeal of the EPO; former member of the Enlarged Board of Appeal of the EPO



Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning). It's likely that later this year -- weeks or months from now -- these boards will issue a ruling and determination on the subject of software patents pertaining to simulation. We already know in which direction the Office dictator pushed them...

"Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning)."Yesterday we reviewed the news only to find this nonsense pushed through Lexology under the headline "Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions" (notice how they're using misnomers and conflating different things). The author is clearly not a coder and he jumps from one topic to another seamlessly; for instance, notice how he speaks of "computer implemented inventions" and then immediately leaps to joint inventions and computers as inventors (totally unrelated aspect). Have a look at the gobbledegook, with our comments below:

“It’s only AI when you don’t know what it does, then it’s just software and data” remains a useful heuristic to get to grips with AI algorithms. In legal terms, AI is a combination of software and data. An algorithm is a set of rules to solve a problem. The implementation in code of the algorithm is the software that gives instructions to the computer’s processor. What distinguishes an AI algorithm from traditional software is first, that the algorithm’s rules and software implementation are themselves dynamic and change as the machine learns; and second, the very large datasets (‘big data’) that the AI algorithm processes. The data is (i) the input training, testing and operational datasets; (ii) that input data as processed by the computer; (iii) the output data from those processing operations; and (iv) insights and data derived from the output data.

[...]

Use of algorithms may result in new inventions and the question arises whether computer implemented inventions are capable of patent protection. S.1(2)(c) Patents Act 1977 (‘PA’) excludes “a program for a computer” from patent protection to the extent that the patent application “relates to that thing as such”.[v] This has led to a line of cases in the UK since 2006 which has sought to establish and clarify a test for determining the contribution that the invention makes to the technical field of knowledge (potentially patentable) beyond the computer program “as such” (not patentable).[vi] If the invention is potentially patentable on this basis, s.7(3) PA provides that:

“[i]n this Act “inventor” in relation to an invention means the actual deviser of the invention and “joint inventor” shall be construed accordingly”

and s.7(2)(a) PA provides that a patent for invention may be granted “primarily to the inventor or joint inventors”. US law is more specific in defining (at 35 USC €§100(f) and (g)) “inventor” as “the individual or, if a joint invention, the individuals collectively who invented the subject matter of the invention”. The context of s.7(3) PA means that the “actual deviser of the invention” should be a “person” and there is no regime similar to that for copyright for computer-generated works.

Again, the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works.


Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal). First he alludes to "computer program “as such” (not patentable)."

He then says "the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works."

"Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal)."How did he jump from the question of patents on algorithms to whether or not the patents are generated by a computer (as opposed to covering work done on a computer)? We've seen similar conflation put forth by the EPO's clueless managers, some of whom have zero experience in technology and just training in the British Army. Who needs managers with a clue anyway... right? Understanding restricts "useful" misunderstandings... and it can harm so-called EPO 'production'...

An article (promotion, sales, marketing) entitled "Protecting AI inventions" was pushed through IAM and then pushed through Lexology. It's not an objective analysis and this was all along just a self-promotional piece from Effectual Knowledge Services Pvt Ltd which says the following:

From tools and services to products and consultancies, AI has created a number of revenue-generating opportunities. It has already simplified a number of tasks and now, with the help of neural networks, it is inventing new ways to solve problems. Further, certain privileges have been granted to corporate entities (eg, Facebook and Google) so that they can defend themselves in court. It therefore follows that AI should be able to own its patents. However, debate is ongoing and requires considering where the line between creation by human and machine should be drawn and how much (or little) human input or guidance is required.

Recently, there was a case where the EPO refused European patent applications EP18275163 and EP18275174, which designated DABUS – a machine described as “a type of connectionist artificial intelligence” – as an inventor. One application was for a new type of beverage container based on fractal geometry and the other was for a device for attracting enhanced attention signals, which could be helpful in search and rescue operations. Similarly, the USPTO and UKIPO have disqualified patent applications on the grounds that a non-human cannot hold inventorship as per these countries’ laws.


So it speaks of "neural networks" and stuff, then argues "AI should be able to own [sic] its patents," so here again we enter the laughable world where "Hey Hi" gets personified and framed as some sort of magic. This would typically be just funny, but in this case it is dangerous because patent maximalists who profit from more and more and more patents exploit misconceptions and lies to turn the whole patent system into a laughing stock. This, in turn, can make the whole thing collapse. It makes the system obsolete.

"The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents."The patent system wasn't conceived as a framework for giving monopolies on mere thoughts or nature or maths and it wasn't made to reward some abstract concept of an algorithm (mis-framed as "Hey Hi").

The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents.

Recent Techrights' Posts

Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
 
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva