Bonum Certa Men Certa

Today the EPO Has Officially Lowered Patent Quality by Allowing Software Patents by Means of Dog Whistles

Reference: Dog-whistle politics

Summary: The introduction of software patents by means of buzzwords and hype officially starts today; the patent microcosm is pleased and is eager to use that to market its services to hopefuls and opportunists across the world (even patent trolls)

THINGS are looking rather promising for proponents of software patents in Europe, such as António Campinos and the man who gave him the job, corrupt Battistelli.



"What on Earth does today's EPO aspire to become? What does it model itself after?"The EPO boasts -- yet again -- that it works or caters for Texas (event not far from the Eastern District, which uses USPTO-granted abstract patents to attract patent trolls). What on Earth does today's EPO aspire to become? What does it model itself after?

We kindly ask EPO insiders to debate these issues and air concerns because if Europe starts to resemble Texas (or the 'new Texas'), then we're all in trouble, including EPO examiners. The EPO isn't a "candy store" for patents; it wasn't supposed to be anyway. Patents should be a special case, reserved to particular domains and dispensed conservatively, not as a matter of abundance.

Having watched with concern the past 2 days' news, we've come across Potter Clarkson LLP's Saiful Khan (litigation 'industry') welcoming the EPO's decision to violate the EPC and European directives against software patents. It's mostly behind paywall and under the headline "AI gets welcome EPO guidelines debut" (AI being a dog whistle for software patents).

The latest version of the European Patent Office’s Guidelines for Examination, valid from 1 November 2018, contains, for the first time, direct…


Jennifer Maisel and Eric Blatt also wrote about the EPO's decision to violate the EPC (software patents are not considered acceptable -- not really -- and being 'inclusive' towards these means abandoning patent quality). To quote their article:

Innovators in artificial intelligence and machine learning technologies should take note of the European Patent Office’s recently published guidelines for artificial intelligence and machine learning, effective Nov. 1, 2018


That's today.

Copyright law is enough for software developers; software patents are an abomination and those who promote them actively attack the trade of programming and by extension science/technology. Here's what IAM, the patent trolls' lobby, wrote about software patents under the guise of "AI": "Last panel of the day - @Google’s Aaron Abood, @Arm’s Robert Calico, @intel’s Helen Li and Kenneth Lustig from @realwearinc discuss the IP challenges when protecting AI..."

By "protecting AI" they mean patenting software; it's pretty obvious given the context, on which we'll expand this coming weekend. Cooley LLP too seems happy that the EPO under corrupt management openly welcomes software patents; applicants have long relied on buzzwords (words/terms like "ICT", "technical effect", "4IR, "IoT" "AI" and so on) to do it. Now there are new rules:

For the first time, the European Patent Office (EPO) has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018.

In order to receive a European patent for an invention, the invention needs to be novel, inventive and susceptible of industrial application. As part of meeting these requirements, the claimed subject-matter needs to have a technical character as a whole. The new guidance helps to assess whether inventions relating to artificial intelligence have the necessary technical character.

[...]

The EPO's new guidance makes it clear that the use of artificial intelligence and/or machine learning technologies themselves is not enough to provide the technical character that the EPO looks for in order to grant a patent. However, a technical application of artificial intelligence and/or machine learning is likely to be considered to have a technical character if the application results in a solution to a technical problem. As is usual with European patent practice, it is necessary to include in the claims the technical features that solve the technical problem.


So welcome to the new guidance or guidelines, whose net effect is lower patent quality. Perhaps Battistelli will open champagne for that; just perhaps.

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day