Bonum Certa Men Certa

EPO: Goodbye to the Rule of Law and Hey Hi, AI!

Oh, hi! Welcome to the EPO, where examiners are now forced to violate the EPC.

On maths, stats, hey hi, technical contribution



Summary: The EPO's embrace of buzzwords -- no longer a unique EPO strategy (it has already spread elsewhere) -- puts examiners in a very bad position and they're grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)

THE "HEY HI" (AI) buzzword is pure magic. Things are "innovative" just by virtue of being labeled "HEY HI" (AI) and the U.S. Patent and Trademark Office (USPTO) nowadays exploits this buzzword -- boosted by at least two years of unprecedented media hype -- to discard/disregard 35 U.S.C. ۤ 101. The hype is also exploited by abusive WIPO and occasionally in Munich's abusive think tanks, which serve litigation firms.



"Using new guidelines the EPO more or less forces examiners to allow such illegal patents (or risk losing the job)."As noted here before, WIPR's puff piece "IP5 hold joint AI response meeting" (based on EPO fluff alone) contributed to the idea that media was 'captured' by maximalists and European Patent Office (EPO) management, pushing for software patents in Europe at every turn not because software professionals want these but because litigation firms want these. António Campinos meddling in a Board decision (upcoming case) regarding the matter is another insult on top of an injury (caused mostly by Battistelli).

The other day, promoted through a network of law firms was this piece by Yasar Celebi (CMS Netherlands) which leverages "HEY HI" (AI) as means by which to bypass the EPC and grant patents on algorithms. To quote:

Under the European Patent Convention (EPC), you can’t patent software 'as such'. Case law shows that software is patentable when it can be presented as a new, non-obvious technical solution to a technical problem.

The European Patent Office (EPO) has amended its guidelines to provide more clarity on the circumstances under which inventions in the field of AI are patentable. According to these guidelines, AI-based inventions are patentable as long as the method used serves a technical purpose. For example, the use of a neural network in a heart-monitoring apparatus for the purpose of identifying irregular heartbeats makes a technical contribution and is thus, in principle, patentable.


It boils down to maths and statistics, but when the EU is seen promoting this whole AI hype (not even a new thing, it's decades old) we're supposed to ignore that simple fact and resort to vague nonsense like "technical contribution" (or "effect") and tolerate grants of illegal (invalid) patents. Using new guidelines the EPO more or less forces examiners to allow such illegal patents (or risk losing the job). In other words, they're compelled to break the law to comply with rules or put in a position where they must choose between employment and obeying the law.

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
 
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?
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
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
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
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