Bonum Certa Men Certa

European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

The next wave: EPO "paper on examination of CII and AI inventions"

EPO on CII



EPO on CII



Summary: In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) nowadays exploit the "AI" hype wave (it seems as though the EPO started it). More recently UN/WIPO joined 'the club'. I've been programming so-called 'AI' since I was a teenager; I put AI in scare quotes because it's a catchphrase, an abstraction. Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria). It's about classification somewhere in the code and it is always about algorithms. The EPO hopes to work around the EPC and the USPTO tries to circumvent 35 U.S.C. ۤ 101/Alice (SCOTUS).



"Many things can (and do) get called "AI" even if they involve a little bit of statistics and mostly boil down to "if" and "else" statements (decisions made based on atomic criteria)."We have written a great deal about this subject already; it goes years back and it started under Battistelli, whose friends at Managing IP have just published this piece, "AI and patents," (part of a series) in which they promote "AI" as means for generating patent applications while at the same time promoting patents on the underlying methods. "Patent Strategy’s landmark survey of more than 60 in-house lawyers shows that most businesses believe artificial intelligence will be used for invention discovery," they wrote yesterday, "but that patenting those products and processes could be difficult" (but possible).

What this whole "poll" boils down to is lobbying, the business model of the site (just check who the funding sources/persons are, not to mention the target audience).

It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract. There's also plenty of prior art, sans the buzzwords.

"It's no secret that courts would likely reject all these 'AI' patents; these simply correspond to something very abstract."Kritika Bharadwaj, James Donoian, and Susan Goldsmith of McCarter & English, LLP say this week (also yesterday) that "[t]he UK’s participation in the unitary patent system and Unified Patent Court are, however, open questions." No, you cannot participate in something that does not exist.

Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms.

"Bypassing British courts that deny patents on algorithms may seem attractive to McCarter & English, but the effects would be devastating to British software firms."Law firms in Europe are eager to pursue (for clients) all sorts of bogus patents in violation of the EPC -- a subject we'll expand on in our next post because it's part of a disturbing pattern. As we pointed out some days ago, the EPO is now hooking up with patent extremists to promote software patents in Europe, this time under the guise of "AI inventions" (the EPO likes to say "AIPatents). In fact, retweeted by the EPO on Monday (they wrote almost nothing else) was this tweet that says: "@4ipcouncil and @EPOorg publish paper on examination of CII and AI inventions: #epo #artificialintelligence #ai #cii - http://bit.ly/2E0JOK9"

They even admit it themselves: "AI" is just "CII" (i.e. software patents). The EPO is actively collaborating/participating in this. While tweets may not necessity be endorsements, the EPO is officially involved here.

"It's an exercise in rebranding."Found via this tweet was also this new post from Microsoft's LinkedIn. It speaks of Microsoft's "AI" patents and says "Luxembourg as a country is an interesting case for patent filings. The small country managed to work its way into the top 25 jurisdictions for AI filings. Most of the filings come from American, German, Japanese and French patent ownership."

This whole post is about buzzwords like "IP" and "AI" (the title is "Quick IP Data Insight: Luxembourg AI, Powered by NVIDIA.") and it's about the most infamous tax evasion apparatus (e.g. by patent accounting tricks). This one is in Europe and again it's piggybacking the "AI" buzzword, which basically corresponds to software patents. As we recently noted, various law firms with their 'studies' nowadays try to pass off old patents as "AI", in order to pretend there's some sort of astronomical growth in such patents. It's an exercise in rebranding.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
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