Bonum Certa Men Certa

Cheapening of Patents at the EPO, Cheapening of Staff of the EPO, and Emergence of Large Corporations' Tax Evasion Using Piles of Patents

Whose system is it anyway?

Patent box Reference: "The “Patent Box” – Proof That the UK is a Rogue State in Corporate Tax"



Summary: Patents are, over time, becoming not about innovation but about passage of heaps of monopolies to large corporations that then use them to evade tax (the patent box loophole)

TODAY we became aware of this blog post from just two days ago. "USPTO Memo Indicates a ‘European’ Approach to Software Inventions," says the headline, tacitly implying that the EPO is strict on software patents even though the opposite is true (especially in recent years). Lawyers' favourite CAFC cases are presented as evidence. For instance:

Earlier this month, the USPTO issued a memorandum to patent examiners discussing recent court decisions regarding the patentability of software inventions. The memo refers to three federal circuit decisions in which software inventions were found to be eligible for patent protection. The three decisions mentioned in the memo are McRo v. Bandai (Sept. 2016), BASCOM v. AT&T (Jun. 2016) and Amdocs v. Openet (Nov. 2016).

Recently, I summarised the McRo and BASCOM decisions in a blog post for Cambridge Wireless. The Amdocs decision was issued only a day before the USPTO published its memo to examiners on this issue. Therefore, Amdocs is not considered in detail in the memo. However, the USPTO states that further guidance on the Amdocs decision will be given at a later date.


The USPTO is always behind the times when it comes to regulating patent quality. We saw that as recently as this year because it took 2-2.5 years for the USPTO to truly come to grips with Alice. In the mean time, the EPO went in the opposite direction and insiders tell us that they grant software patents because there is growing pressure to keep up with 'production' demands (where grants are rewarded, not proper/thorough examination). A new Central Staff Committee report [PDF] was also leaked to us today. The Central Staff Committee is concerned that 15% increase in so-called 'production' results in reductions for staff. Figures are shown to support this claim and also some 'missing money' becomes the subject of inquiry. One has to wonder where all that money comes from and how this so-called 'production' is attained without increases in staffing. Of course, all it means is that patent quality continues to nosedive.

Speaking of fiscal irregularities and low patent quality, Benjamin Henrion highlight this new article about "patent boxes" -- a subject we wrote about before. "Race to the bottom and Apple fiscal evasion via patents will continue with the blessing of Europe," Henrion noted, as it's quite common and increasingly 'normal' for large corporations to dodge (or evade) tax with patents as a hidden instrument of some kind of "money laundering" . Here is what the Wall Street media said this week:

Adoption of legislation for a common consolidated corporate tax base by 27 EU member states would resolve current patent box conflicts and end transfer pricing disputes that cost multinational companies hundreds of millions of dollars in double taxation, according to EU and industry officials.

Speaking at a Nov. 15 conference hosted by the Federation of European Accountants, Uwe Ihli, the chief architect of the October CCCTB proposal unveiled in October, said tax credits for research and development in the pending legislation are seen as a way to prevent harmful tax competition, triggered by the rush to attract investment by high-tech companies via tax breaks on intellectual property profits.

“We believe the research and development tax breaks in the new proposal will not only be a major attraction for businesses but they will also help resolve the divisions in the EU over patent box tax regimes,” Ihli said.

He added that the R&D terms are based on EU state aid rules and in line with the OECD’s modified nexus approach.


If a process patent-granting en masse can become just an instrument for the benefit of large corporations, and patents are made a lot easier to get, what does that say about the real beneficiaries of today's EPO? Regarding Apple's patents, we are planning some articles about those. The EPO is doing a terrible job and it's not hard to guess who will pay the price. ⬆

Recent Techrights' Posts

United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
 
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?