Bonum Certa Men Certa

The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

Easier to tax coders, whose projects will be undermined or never come to fruition in the first place (due to fear of lawsuits)

EPO white flag



Summary: EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on

THE EPO seems eager to handicap Europe's software industry. What does it care anyway? All it wants to do is grant as many patents as possible and get a pat on the back from litigators. António Campinos has taken this lunacy to new levels as the EPO under his leadership constantly promotes software patents in Europe. It does so not only every day but several times per day. Campinos recently saw the need to write a blog post about it.



"...now that nontechnical people (promoted based on loyalties rather than merit) run the EPO they're more easily swayed by law firms and marketing departments, not scientists."Not everyone is upset about this abomination. Some people make a living not from creation but from destruction; put another way, they sue things out of existence. Like patent trolls do...

Patent law firms, unlike patent trolls, win irrespective of the courts' outcomes. It doesn't matter if European Patents are nowadays presumed invalid; all that matters is that lawyers are needed...

We recently wrote about the leveraging of "AI" as a byword or surrogate for software patents. Philip Naylor (Carpmaels & Ransford LLP) took note of that too; writing in IAM, the EPO's propaganda rag, Naylor said this:

The EPO has updated its official guidelines to include a specific section on how the office is likely to assess patent applications directed towards artificial intelligence (AI). A preview of the update can be found on the EPO website and will come into force on 1 November 2018.

The update to the guidelines provides further clarity on how the EPO’s existing legal framework will be applied to AI inventions. Generally, the update confirms that the same rules that are applied to all computer-implemented inventions will apply to inventions involving AI. The rules stipulate that mathematical methods per se are “devoid of technical character” and thus are not patentable when considered in isolation. However, inventions that use mathematical methods remain patentable if they provide a technical solution to a technical problem. The EPO’s guidelines now state that AI and machine-learning algorithms are considered to be mathematical methods. Therefore, an invention that uses AI or machine learning must solve a technical problem in order to be patentable, in the same way as any other computer-implemented invention.


So they're adding tricks for software patenting, knowing that these are not allowed. They tell applicants to say "AI" and at the same time instruct examiners to almost 'rubber-stamp' all this "AI" stuff. Never mind if the concept is rather nebulous, much like the concept of "cloud". The litigation industry rejoices and helps this agenda, based on another new article that says:

Jennings is in the camp that believes that AI “augments humans”. He said he was “very happy to see that the European Patent Office (EPO) stresses AI as augmented intelligence”.

The EPO published its preliminary update of its guidelines for examination in early October, which included changes for provisions relating to the patentability of AI and machine learning.


So software can be patented "per se" and "as such"; just make sure the application says "AI" in it.

Eamon Robinson (Haseltine Lake LLP) has also just published this article about the EPO cutting corners for shallower or faster examination:

A European patent or a patent application may not be amended to contain subject matter extending beyond the application as filed. This section of the Guidelines provides guidance on when replacing or removing features from a claim results in unallowable added subject matter.

The Guidelines describe a three step test to determine if such amendments result in added subject matter. The updated Guidelines clarify that an amendment will fail the test, and thus add matter, if at least one criterion of the test is failed.

[...]

The changes to the Guidelines emphasise the importance of this "gold standard" over the above three step test. The "gold standard" should therefore, be considered when making amendments to the claims of a patent or application, in particular when removing or replacing features. Furthermore, the change to the first step of the test may make it easier for objections to be raised to amendments. The previous Guidelines stated that it was enough for a skilled person to recognise that a feature is explained as essential, whereas, the updated Guidelines require that the feature must be objectively explained as essential.

In summary then, the EPO's advice to examiners in relation to removal of features would seem to be getting stricter.


Decisions are already being made a lot faster, at the very least in order to meet quotas/targets. Maybe some time soon Campinos will just use so-called 'AI' (algorithms) to assess patent applications with the term "AI" in them.

It should be noted that this whole "AI" hype doesn't deal with novelty; the term "AI" was reintroduced a lot in the media last year. A lot of it boils down to marketing. In the broadest sense of the term the concept of AI dates back to the dawn of computing. But now that nontechnical people (promoted based on loyalties rather than merit) run the EPO they're more easily swayed by law firms and marketing departments, not scientists.

Recent Techrights' Posts

GNU/Linux up to 5% in Ireland, Not Counting Chromebooks
statCounter is an Irish
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
 
In the Month of May 2024 the OSI's Blog Was Almost 100% Microsoft Lobbying, Microsoft Staff, Microsoft Proprietary Software, and Microsoft Events
Entryism complete. RIP, OSI.
An Important Goal Has Been Accomplished Already
Stubborn activists need to insist on a future where computer users actually control the computers they own
Gemini Links 02/06/2024: Delayed Disappointment
Links for the day
statCounter: GNU/Linux on More Than 1 in 5 Desktops/Laptops
Desktop Operating System Market Share Norway
Reminder: The First CEO of IBM (Owner of Red Hat) Was "Convicted on Extortion" (According to Edwin Black, Author of "IBM and the Holocaust")
Red Hat is not a liberal company
GNU/Linux Market Share in Turkey Now Exceeds 10%, According to StatCounter
StatCounter (or statCounter) shows considerable increases
GNU/Linux in Germany: The Seven Percent
The historical data shows that it wasn't always like this
Slovenia: Windows Becomes Minority Market Share This Month
It finally happened. Android is now measured as bigger than Windows.
statCounter: Bing Has Lost Market Share Since the Chatbot Hype, in Europe Yandex Nearly Exceeds Bing Now
Bing also had many layoffs (not that the media bothered covering that); we must debunk Microsoft's baseless claims and deliberate lies/hype
Microsoft Windows Falls Below 10% in Africa, Down to About 20% in Asia
The future isn't Windows
Taiwan Can Defend Its Autonomy Better by Avoiding Microsoft (Back Doors)
Maybe it's just a coincidence that GNU/Linux "took off" when Hong Kong lost its perceived independence from China
The War on Free Software Reporters - Part IV - Impersonation and Menacing Behaviour, Defamation Under One's Own Name
Such serial defamation (that went on for a very long time) is coordinated and relentless
Links 02/06/2024: Workers' Strikes and a Warming World
Links for the day
Microsoft Falls to All-Time Low of 25% in Operating Systems
If Android is counted, Windows is in trouble as it's down to all-time low of 25%
Steam Survey: GNU/Linux Up, But Canonical's Ubuntu Declining
big increases for GNU/Linux, Arch Linux gaining at Ubuntu's expense
Guardian Digital, Inc (linuxsecurity.com) Leveraging Microsoft Chatbots to SPAM for Microsoft (Googlebombing "Linux")?
Welcome to the Web in 2024. Search for "Linux" news, get Windows garbage.
Smallest Number of New Debian Developers in More Than 2 Years
Maybe Debian should recognise there's a problem instead of trying to censor - at humongous expense - those who speak about the problem
Slashdot's "Linux" Section is Reposting Press Releases for Red Hat
Is this being paid for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 01, 2024
IRC logs for Saturday, June 01, 2024
Links 01/06/2024: Microsoft Chaffbot Broken Out of Control
Links for the day
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux