Bonum Certa Men Certa

The European Commission Has Essentially Invalided Many European Patents (EPs) for Being Out of Scope; Are Software Patents (CII) Next?

European Commission room



Summary: Now that the European Commission openly intervenes in matters pertaining to the EPC and granted patents, will it belatedly revoke all these software patents (granted over the years by the EPO)?

IT is no secret that the EPO grants software patents in Europe. We have been writing about this for many years and insiders now speak about this anonymously; they're not happy about it, nor are they pleased with the systematic decline in quality of EPs.



"Are software patents next on the agenda? Will European software patents finally be eradicated?"Yesterday, AA Thornton & Co's Alex Hughes wrote about EPO changes, but not EPO scandals. They never mention the scandals. They're afraid to rock the boat. Instead, Hughes wrote about "EPO Guidelines for Examination 2017" and concluded with the following portion about intervention by the European Commission (which makes EPO feel like more of an EU institution):

The Guidelines have also been updated to reflect amended Rules 27 and 28 which came into force on 1 July 2017. These rules are discussed here in detail and concern the exclusion of products exclusively obtained by essentially biological processes following the Notice of the European Commission from November 2016.


Are software patents next on the agenda? Will European software patents finally be eradicated?

Barbara Rigby from Dehns also wrote about the subject (earlier today under the title "Changes to EPO Guidelines") and here is what she said:

Products of essentially biological processes Section G-II, 5.2-5.5

The Guidelines have been updated to reflect the amendments to Rules 27 and 28 EPC that came into effect as of 1 July 2017 (with retrospective effect). Thus, the Guidelines set out that plants and animals exclusively obtained by essentially biological processes are excluded from patentability under Article 53(b) EPC.


It's about time they also excluded everything the EPO calls "CII" (basically software patents by another name). Sadly, however, there's heavy lobbying and earlier today IAM mentioned Microsoft AstroTurfing groups such as ACT (Association for Competitive Technology) and IP Europe. It's about the European Commission DGs and here is the relevant part:

In its report PaRR states that the DGs squaring off against each other include, on one side, Competition and on the other Internal Market and Industry, and Research. The former backs calls from users of SEPs, including companies represented by the BigTech-sponsored, US-based ACT The App Association, for a prohibition on use-based licensing of SEPs; while the latter are supportive of the position taken by the likes of IP Europe - whose members include Nokia, Ericsson, Orange and the Fraunhofer Institute - which claims use-based licensing is the only way to fairly reward companies that invest billions in R&D and to incentivise them to develop standards that allow interoperability. With 5G on the horizon and the IoT on everyone's mind, this is a live and highly important debate.


The term "IoT", as we explained before, is just a Trojan horse and a buzzword; they're trying to sneak software patents tax into just about every device out there.

Recent Techrights' Posts

GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025