Bonum Certa Men Certa

Europe is Getting Flooded With Software Patents, Repeating the Mistakes Made by the United States

Europe on Earth



Summary: Today's EPO is totally neglecting any perception or aspiration for patent quality; even abstract ideas are being enshrined as European Patents and examiners are compelled to play along, even in clear defiance of the European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973

THE EPO is not supposed to allow/award/grant software patents in Europe. António Campinos most certainly knows that, but he doesn't care. Since his term had started the EPO relentlessly promoted software patents like no time before. Even the U.S. Patent and Trademark Office (USPTO) is tougher on software patent applications, owing to 35 U.S.C. €§ 101. At the USPTO examiners don't risk losing their job for rejecting these.



"At the USPTO examiners don't risk losing their job for rejecting these."The EPO's management has learned the tricks; it instructs the applicants to use a bunch of mindless buzzwords like "AI" and then threatens examiners who see past the buzzwords (more or less every computer algorithm can be 'spun' or framed as "AI" because the concept is rather broad and vague).

The game of buzzwords isn't limited to the West; China plays that game as well, Korea's KIPO uses buzzwords made up/shored up by the EPO, and Singapore's IPOS is among these corruptible patent offices that use buzzwords like "IoT and AI" to give teeth to abstract and likely bogus software patents. Here's an example from yesterday, an "[i]nterview [with] Daren Tang of IPOS on office initiatives, AI and Belt and Road" ("AI" again, in the summary below as well). To quote:

The head of the Intellectual Property Office of Singapore discusses IP trends in Singapore and ASEAN, including challenges spurred by IoT and AI, and innovations to capture Belt and Road Initiative opportunities


Nowadays patents get granted on all sorts of algorithms, including in the research domain I come from (computer vision). Here's an example from last night.

"Nowadays patents get granted on all sorts of algorithms, including the research domain I come from (computer vision)."The EPO goes even further than most patent offices in enabling software patents. As we explained earlier this week, the EPO has lost any sense of shame and nowadays it's just openly promoting software patents under the guise of "AI". Here's a new report about it: [via]

The European Patent Office (EPO) has published a preliminary update of its guidelines for examination, including changes for provisions relating to the patentability of artificial intelligence (AI) and machine learning. Under the new provisions, real-world technical applications of AI and machine learning are patentable, as are inventions relating to inventions specifically adapted computer hardware.

However, according to Alex Korenberg, partner at Kilburn & Strode, the provisions mean that fundamental advances in AI and machine learning that are not specific to any application or hardware remain unpatentable.


So they're just granting more and more monopolies on algorithms in Europe. As Benjamin Henrion quotes, calling it the "EPO's technical tautology" (citing what we cited earlier this week): "However, restriction of the claim to a specific technical purpose and/or a specific technical implementation may impart technical character onto the AI algorithm and thus the invention may be considered patentable by the EPO."

That's ridiculous. They're just granting patents on algorithms because of buzzwords and actively advising applicants to take advantage of this loophole they're created.

"In practical terms Campinos has changed nothing at all since Battistelli left his penthouse."Over in the US, back on September 13th, a site called Visual Capitalist was calling software patents "AI" once again; it's one among those many articles advising applicants to bypass the limitations imposed by the courts, even if the courts rather than examiners will reject such patents anyway.

IAM, a loud proponent of software patents and a partner of the EPO, has just advertised an event it hashtagged "Software IP Patent" (as in software patents by another name because US courts nowadays reject these).

It's not hard to see whose agenda is served by all this. It's also not hard to see the role of Campinos, even if he (characteristically) keeps quiet and keeps himself in the background. In practical terms Campinos has changed nothing at all since Battistelli left his penthouse.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day