Bonum Certa Men Certa

USPTO and EPO: Call Software Patents 'Hey Hi' ('AI') and Use Microsoft Software (or Else!)

A dip in patent quality and integrity

A dip



Summary: The mischief of the world's biggest patent offices (or biggest bar China's) is costly and very much corrosive to the image of patent systems; if they don't obey the law, how is the public expected to respect them?

THE LATEST 35 U.S.C. €§ 101 cases (in our daily links) show that software patents continue to be rejected by courts, never mind what the U.S. Patent and Trademark Office (USPTO) says. As we shall show in other future posts (we've just received lots of new documents), the European Patent Office (EPO) is the same; European courts reject such patents and the UPC will never materialise, i.e. those courts will continue to decide on patent scope. While software patents are being granted in Europe there's no legal certainty; they're pointless if not worthless. António Campinos and his friend Battistelli were granting loads of fake patents or Invalid Patents (IPs).



"It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage."We recently wrote a bunch of articles about the "Hey Hi" (AI) hype -- more articles than we care to recall or even count. It's a growing problem because it has become a common dodge (from the law) both the USPTO and EPO now leverage. This dodge lets them fake 'productivity' -- in effect granting patents which they very well know courts would throw out (if given the chance/challenge).

Law firms don't really mind all these fake patents; they still get to collect payments from applications, renewals, searches and lawsuits. They're in it for the money, not for science or innovation (with few rare exceptions, who might end up seeking a career change sooner or later). Consider this latest promotion of software patents in Europe from a firm that brags about a "European Software Patents Knowledge Base" (while in this case acknowledging that the said patents aren't even valid!); also spot Gene Quinn (Watchtroll) still attacking judges ("Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True" is his latest insult/headline). He's just angry that the Federal Circuit rejects software patents and affirms inter partes reviews (IPRs). What a villainous site; it's hardly surprising that EPO management associates with it! The EPO too attacks judges. Today's EPO is a rogue institution placed above the law so that it can break the law every single day. It's granting patents on maths, on nature and on life. The USPTO too grants patent monopolies on life itself. Totally insane? Sure. But here, it has just done so again.

"Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI"."The "EPO [is] promoting swpats [software patents] again," Benjamin Henrion warned earlier this week. "Using patents to protect digital business models," he quoted from a new event page of theirs.

Nowadays the EPO doesn't even use the same old buzzwords for software patents. It came up with new ones, including "AI". The USPTO copies some of these buzzwords.

"USPTO patenting statistics," Henrion wrote, citing the latest nonsense from the USPTO. They call it "AI" and it's about software; no matter if actual courts throw our or push all these fake patents away...

Disguising fake patents on software (or algorithms) using buzzwords like "hey hi" might help trick examiners, but not courts.

"USPTO seeks public comment on patent policy and artificial intelligence," said Susan Decker from Bloomberg, where she often spouts out the lies of the patent microcosm.

Bear in mind all these proponents of "AI" patents never even wrote any computer code. "AI" is, to them, some sort of "geek magic".

"Bear in mind all these proponents of "AI" patents never even wrote any computer code."Here's Dennis Crouch's take on "Artificial Intelligence (AI) Patents," where he states that: "The USPTO is seeking information on artificial intelligence (AI) inventions."

Here's the "CII" nonsense (the term which the EPO used to name-drop a lot): "written description support for computer-implemented inventions [CII] generally require sufficient disclosure of an algorithm to perform a claimed function, such that a person of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention."

Crouch wrote another post about price hikes and Microsoft promotion; it's a subject we wrote about last year. To quote: "New Fee: Non-DOCX Application Filing Surcharge Fee of $400" (OOXML promotion, discrimination against open standards like ODF). This might merit a separate post/rant because it's a major scandal and right now it's just in "proposal" status. There's an actual, confirmed scandal below [1]. Covered 2 days ago.

If patent offices want patents to be taken seriously, then they should themselves set an example. Obey the law, for starters.

Related/contextual items from the news:



  1. The Patent And Trademark Office Is Apparently Branching Out Into The Immigration Enforcement Business

    Here's another one of those weird signs of the time. Under any normal presidential administration, this move by the US Patent and Trademark Office might look a bit strange. But only a bit. There are some legitimate reasons for doing this, but filtered through the administration's xenophobia, it seems to be just another way to hassle non-citizens. (h/t Jef Pearlman)



Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
 
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails