Bonum Certa Men Certa

With Software Patents, “the [Low] Level of the USPTO Has Now Be[en] Reached by the EPO”

Patents on maths, such as computer vision (my research discipline), are increasingly becoming possible under the Battistelli regime

Blatterstelli and EPO, USPTO
When one's goal is just maximising the number of patents the role model would be SIPO (China) or USPTO, where the yardstick/accomplishment is granting a patent on any bundle of paper that comes in, securing a monopoly on virtually everything under the Sun (as long as it says "technical", "inventive", "on a computer", and/or "over the Internet")



Summary: Software patents and other patents of little or no technical merit that can be physically demonstrated are now being granted by the European Patent Office, despite the demise of software patents in the United States

HERE IN Techrights we mostly focus on software patents (primary focus of the site), but there are many other problems associated with the EPO, including the use of patents against so-called 'generic' medicine and cancer treatments (there are various issues associated with that). IP Kat covers a story that was mentioned here the other day, stating that "European Patent No 1 313 508 protects the use of pemetrexed disodium in combination with vitamin B12 or a pharmaceutical derivative thereof and optionally a folic protein binding agent. The patent expires on 15 June 2021."

"Putting aside the abuses against human rights, there are technical issues as well."Whether one talks about the European Patent Office or epogen/Epoetin alfa, EPO is now synonymous with cheating, breaking of rules. Putting aside the abuses against human rights, there are technical issues as well. For instance, somebody posted an amusing ode titled "BB’s Declaration on Truth and Self-Imposed Stupidity..."

This is about the reality distortion field, which we recently covered here, both before and after the event in Rijswijk. Another person correctly insinuated that “the level of the USPTO has now been [corrected] reached by the EPO” with patents on a digital purring cat -- a software patent idiotic/trivial enough that the USPTO would most likely approve given its low standards and greed which motivates such low standards, sending out the message that nearly all applications will be successful, leading to a filings deluge, also at courts' dockets. "Sure that the problem-solution-approach exists when assessing inventive step," wrote the person. "I however still fail to see what can be inventive in claiming the purring of a virtual cat when a cursor is moved back and forth on the virtual cat. The claim does certainly not read on an actual cat. If this would be the case, novelty would not even be given. [...] it means sadly that the level of the USPTO has now be reached by the EPO..... Where has common sense disappeared to?" This is the patent in question, from Immersion Corporation, which has an extensive cluster of other cross-referencing software patents at the EPO, mostly relating to user interfaces and vibration for feedback. Just because the software triggers a "vibrate" action doesn't mean the software is somehow physical. It's still a software patent. Based on the company's own site, it's about software and it's about licensing, not necessarily making things. There's an "IP Licensing" section under "Products". To quote their plenary description from the front page: "Immersion licenses touch feedback technology."

"We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust."This kind of patent maximalism, meaning the expansion of patents or the objective of maximising the number of patents by lowering quality (of examination or patents approved), is something that we've warned about many times here before. It's why we wrote about the EPO almost a decade ago, primarily in relation to software patents. It was Brimelow who permitted the "as such" loophole to sneak in, but it was Battistelli who took this further with accelerated examination (meaning lax or lenient) for Microsoft, which mostly patents software and exploits Brimelow's loophole to make it seem like something which it's not.

We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust. The boosters of software patents -- people who themselves never wrote computer programs or understand how a computer works -- try to pressure policymakers, judges, examiners etc. to abolish the Alice case as a factor, despite the SCOTUS overwhelmingly (unanimously) ruling against abstract software patents. Here is the latest example of that, published just yesterday. By his own admission, the author "is a patent attorney licensed to practice law in California and Arizona." Looking only at the side of patent aggressors and their lawyers (not their victims, who are far greater in number), he writes that "examining corps’ over-use of Section 101 rejections can be reined in via a more disciplined and structured set of instructions."

"How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections?"Why is it overuse? Because he doesn't like it when Alice is brought up? It's a Supreme Court's strong, high-level decision. Why bypass it?

"Examiners would like it," he said, insinuating that somehow granting a lot more patents on software is something that examiners would prefer (in the past at least they received financial incentive to actually grant if in doubt rather than decline). He also said that "applicants would find examination outcome more predictable and know how to respond to rejections better; and reduced rejections represents good patent policy and will benefit the U.S. economy."

This is complete nonsense. How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections? It's like those scandals in the UK where examination authorities in the scholarly world are found have have made exams easier so that young people get higher grades and they can deduce from it that children are somehow (magically) getting a lot smarter.

"Don’t take advice from patent lawyers on issues such as these."Patent lawyers are understandably concerned because many of their old clients probably feel reluctant to patent software any longer. That's a good thing for society as a whole. Don't take advice from patent lawyers on issues such as these. They're biased, and not for idealogical reasons but for their own pockets.

"The status of the lobby against software patents is so bad that I have to say #ilovefs," Benjamin Henrion wrote on Sunday night. He is right as the camp that fought against software patents used to be a lot more active a decade ago or even a few years ago. The public debate has been mostly warped (with help from the corporate media, which is owned by large corporations that love software patents but hate trolls that sue them), to the point where a lot of the public now thinks in terms like "patent trolls", not patent scope or a patent's domain.

Comments

Recent Techrights' Posts

The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
 
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to