Bonum Certa Men Certa

Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

Illegal/Invalid Patents (IPs) don't make the system stronger but weaker

Let them eat patents. All the world's problems will be solved by more patents.



Summary: A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)

THE PUSHESR of what's called "stronger" (or STRONGER) "patent act" in the US don't care about the strength of patents. They care about the contrary and push for the very opposite. They just want the U.S. Patent and Trademark Office (USPTO) to grant loads of software patents that courts reject anyway.



"In practice, however, they merely grant monopolies in technology that can reduce pollution."The same is true for the European Patent Office (EPO), where António Campinos -- like Battistelli before him -- measures 'strength' in terms of so-called 'productivity'. Not quality, not examiners' skills, not validity rates (or rates of European Patents being upheld by courts). It's hardly surprising that Campinos shamelessly lobbies for software patents in Europe. That helps him fake 'production'...

In order to pretend that the EPC does not exist (like 35 U.S.C. ۤ 101 in the US) they resort to misleading, novelty-sounding buzzwords such as "hey hi" (AI). To deny patents on this "hey hi" would surely be a denial of progress and amazing novelty, right? The media speaks about "hey hi" day and night, especially more so since 2017 or thereabouts (it boils down to superficial, faked hype).

Another pattern of EPO propaganda has recently been greenwashing. They pretend that their patents somehow "save the planet..." (no, they seriously try to imply that!)

In practice, however, they merely grant monopolies in technology that can reduce pollution. As we mentioned in an earlier post of ours, there's a new example of this which is promoted in a misleading fashion. For instance, the article "SeaTwirl Granted European Patent" (from North American Windpower) says: "SeaTwirl, a producer of floating wind turbines, will be granted a patent for a divisible wind turbine by the European Patent Office (EPO). SeaTwirl has already been granted the same patent in Sweden, the U.S. and China. [...] SeaTwirl is working strategically to build a broad patent portfolio. By protecting technical solutions that make the wind turbines cheaper to build and maintain, the company strengthens its market position, notes SeaTwirl."

How does a monopoly make things cheaper? The opposite is true. But never let "green" stunts slip away, right?

The National Law Review has just published this new piece from a giant law firm (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C). The piece mentions the EPO's position on so-called 'AI' patents and notes that "IEEE-USA urged the USPTO to focus on correcting the problems facing all computer implemented technologies as a primary approach to providing strong patent protections to AI based inventions."

Well, IEEE is at least consistent in his anti-software developers stance. We've long warned about IEEE pushing illegal software patents and it seems rather clear that IEEE does not represent engineers. Here are some portions: (it's about input sent to the US patent office)

The European Patent Office (EPO) has refused two European patent applications that designated an artificial intelligence called DABUS as the inventor, following a non-public hearing on November 25, 2019. The EPO has not yet published its reasons for refusing the applications but merely stated that “they do not meet the requirement of the European Patent Convention (EPC) that an inventor designated in the application has to be a human being, not a machine.” The refusal refers to Article 81 and Rule 19 of the EPC. The EPO further noted “A reasoned decision may be expected in January 2020.”

[...]

Institute of Electrical and Electronics Engineers (IEEE-USA): IEEE-USA urged the USPTO to focus on correcting the problems facing all computer implemented technologies as a primary approach to providing strong patent protections to AI based inventions. IEEE suggested looking to other areas of IP law for models as it relates to inventorship. For example, the IEEE cited Naruto v. Slater (“monkey selfie case”) which denied a monkey copyright authorship of a selfie taken by the monkey. The rulings were based in part on the constitutional authorization to reward human authors and inventors. Accordingly, the IEEE also believes that AI cannot be inventors.


A reader has meanwhile alerted us about this upcoming 'course' from the patent zealots of ResearchAndMarkets (who also push UPC lies). Surely they know that software patents are disliked by programmers and are also illegal in Europe but that does not discourage them. Their target audience is law firms and they say: "This intensive one-day event will help you to understand the development strategies impacting software patents and update you on the major developments in European patent law, in particular, GUI inventions and 'mixed' inventions with both patentable and non-patentable subject matter."

Those old loopholes of combining algorithms with something like a "device"; it's a popular kind of loophole and we've seen that in New Zealand and in India. Just to be clear, patents on algorithms are still forbidden in India, but Spicy IP (a site whose founder died last year) is still peddling old myths, promoting such patents even though software developers -- many of whom live in India -- do not want software patents (and that's all that matters). Their introduction says: "Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape?" (Correction below)

So what's their excuse for advocacy of software patents? To quote: “In today‟s digital world, when most inventions are based on computer programs, it would be retrograde to argue that all such inventions would not be patentable. Innovation in the field of artificial intelligence, blockchain technologies and other digital products would be based on computer programs, however the same would not become non-patentable inventions – simply for that reason. It is rare to see a product which is not based on a computer program. Whether they are cars and other automobiles, microwave ovens, washing machines, refrigerators, they all have some sort of computer programs in-built in them. Thus, the effect that such programs produce including in digital and electronic products is crucial in determining the test of patentability.”

They're basically squeezing a bunch of buzzwords in there, arguing that because those buzzwords are used in relation to lots of things it is therefore "innovative" and deserves a patent.

So, in summary, anything that is "green" and "widespread" -- tell us the patent maximalists -- needs to be patented, irrespective of underlying law, economic rationale, and so on.

Correction: There was a misunderstanding. The author at Spicy IP has stated or clarified that "the point I've made through that post, is that the court order is flawed and is unnecessarily favouring "software patenting"..."

The pro-software patenting position is contained in that post not as a form of endorsement; it is the writer showing what others have said.

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
 
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