Bonum Certa Men Certa

EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

IP Watch too has noticed the EPO's shameless lobbying for software patents at CeBIT

CII at EPO
This EPO presentation from just months ago spoke of software patents ("CII"). Photo credit: EPO Patent Information Conference 2016 (Grant Philpott)



Summary: The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly

WE HAVE just read with great interest this report from IP Watch, which published some critical articles about the EPO lately, in spite of the risks associated with the EPO's bullying of journalists and bloggers. Last year we took note of the EPO's promotion of software patents in Europe, specifically (although not limited to) CEBIT in Hannover [1, 2].



An "EPO Official Aggressively Promotes Software Patents At CeBIT Fair," IP Watch wrote in a report this afternoon, helping/seerving to remind us that the EPO is a rogue institution which ignores all the rules in the name of increasing grants and destroying patent quality (not to mention validity rates). To quote IP Watch:

At the world‘s biggest computer fair, the CEBIT in Hannover, Germany today, an official of the European Patent Office promoted patents for computer-implemented inventions (CII), also called software patents by critics. CII continues to grow considerably, according to EPO.

While mathematical methods, programs for computers, and presentations of information are excluded by the Europe Patent Convention, that in no way stops CII, said EPO’s Georg Weber. There is a fix in the European Patent Convention which allows the software patenting nevertheless, he said.

Article 52.3 states that patentability for computer programs (and some other subjects) are excluded “only to the extent to which a European patent application or European patent relates to such subject matter or activities as such,” Weber said.

The EPO therefore would grant CII patents after a two-hurdle test. To pass hurdle one, an application just has to have a “technical character.” When someone has an algorithm, but no one knows what the algorithm is doing, it cannot be patented, Weber explained to the CEBIT audience.

“If it is used for encryption, though, it is already technical and the first hurdle is passed,” he said.


With statements like these, we doubt Georg Weber will impress anyone but Team Battistelli. Software patents are extremely unpopular inside and outside the profession of programmers. What's behind all this and whose idea was it to promote software patents in European expos? Can they not see how damaging this is to the reputation of the EPO? Judging by some of the latest comments posted regarding news articles, people have come to accept that the EPO flagrantly and intentionally disregards the EPC. That makes the EPO somewhat of an invalid office -- one that defies the very treaty that gave it an existence (and monopoly in Europe).

"That makes the EPO somewhat of an invalid office -- one that defies the very treaty that gave it an existence (and monopoly in Europe)."Some people out there, e.g. IAM, didn't get the memo that the EPO just flagrantly violates the EPC. Earlier today IAM published this thing from Turkey (let's not start an argument about its membership in the EU, as opposed to the EPO), titled "Direct applicability of European Patent Convention while invalidation actions pending"

"Article 138/3 of the European Patent Convention," says the author (patent microcosm), "is inconsistent with Turkish national patent law, so the IP courts and the Turkish Patent and Trademark Office previously refused to apply Article 138/3 in national invalidity proceedings. However, recently the Istanbul IP Court applied Article 138/3 and accepted claim limitation in national proceedings."

"Maybe IAM should put at risk all these perks from the EPO and belatedly produce a report about the EPO."As we all know (thanks to know-it-all tyrants with giant egos), the Rule of Law in Turkey currently suffers a similar crisis to that inside the EPO, which neither obeys the EPC nor ILO (among many other things). To think that the EPO under Battistelli still has anything to do with the EPC is like believing that the Central Intelligence Agency spreads "freedom and democracy" or "Microsoft loves Linux".

IAM, a loud promoter of software patents (and even trolls that use these), is still close to the EPO. It helps bolster the illusion of patent quality under Battistelli while Battistelli's PR firm pays IAM. Maybe IAM should put at risk all these perks from the EPO and belatedly produce a report about the EPO. Right now these people willfully opt to be silent about it, and occasionally promote the UPC. Unlike IP Watch...

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026