Bonum Certa Men Certa

The EPO Has Found 'Creative' New Ways to Bribe the Media and Promote Software Patents

When they speak of "IoT" and "fourth industrial revolution" they allude to a patent thicket comprising many software patents

Industry 4.0



Summary: From Computer-Implemented Inventions (CII) and "Industry 4.0" the EPO is moving to creative new misnomers for carriers of software patents, SEP (patents-encumbered 'standards'), so-called 'FRAND' etc.

THE EPO ended the year with another big scandal -- one that most of the media conveniently ignored; instead, the media covered EPO PR, which involved the EPO's management actually paying the media (not from its own pocket but stakeholders'). Some of it was pushed during the weekend (e.g. [1, 2]) by the EPO's Twitter account. Working on a Saturday?



We remind readers that our criticism of the EPO over the years was purely about software patents. We are not against the EPO and certainly not against patents in general. In fact, our intention over the past few years was to save the EPO from the litany of patents and the tyranny/dictatorship of Battistelli. Patent quality matters. Examination matters, not so-called 'production'. If only the EPO stayed true to its sloganeering...

The patenting of software in Europe remains a problem. We recently wrote about Microsoft and the EPO doing all this under the framing/guise of "IoT" -- a trend that can be seen perpetuated in the latest EPO 'study' (with other buzzwords/terms like "fourth industrial revolution"). Some sites of lawyers carried EPO agenda as recently as Friday and there was also this press release about a company that "specializes in the creation of Internet of Things (IoT) and Artificial Intelligence" (the title is "Gopher Protocol, Inc. Files Patent Application in the European Patent Office").

What we basically have here are some new tricks or loopholes for software patents in Europe. They just refer to these in different terms, big words other than "CII".

Also on Friday, Thorsten Bausch said that "[t]he Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not been rectified by the applicant upon request by the examiner (following FCJ X ZB 17/73 Regelventil)."

This isn't about software in particular, but noteworthy here is the insistence of the court (which isn't motivated by 'production' but law/accuracy). Too many times or oftentimes we see public advocacy by law firms for loopholes that enable patenting the patent-ineligible. This is particularly true in the domain of software.

Will software developers ever be able to coexist with software patents? It's unlikely. Programmers neither want nor need such patents. A couple of days ago (also on Friday) Simon Phipps from the Open Source Initiative published this article and asked: "What if software patents were used in a way that made using software patents unthinkable? A kind of "Patentleft"?"

That, in part, has been tackled by GPLv3 (copyleft), but here is what Phipps proposes:

The word “copyleft” arises from a clever hack by Richard Stallman who used the laws relating to copyright — a statutory device to incent creativity by granting limited monopolies to creators — to create a world where creators are incented to share instead of monopolise their work.

Since the Berne Convention makes all creative works the automatic sole property of their creator, the only way others can use it in any way until the monopoly expires is with the express permission of the creator of the work, who is said to hold the copyright. Copyleft grants everyone receiving the work an unlimited license to use, improve and share it, but only on the condition they grant the same conditional rights to every recipient. Copyleft thus makes more and more works freely usable as more and more people improve them.

Could we do the same thing to subvert patent law? It seems that’s at least part of the motivation behind the use of a controversial combination of the BSD open source copyright license and a broad patent grant by Facebook. A few years ago they silently standardised on releasing all their open source projects — including popular codebases like RocksDB storage engine and the React.JS user interface framework — under the venerable 3-clause BSD license supplemented by a unilateral grant to any of Facebook’s patents necessary to use the software.


As we shall show later today, the US is moving further and further away from software patents, drifting away from patent trolls in the process. Will such a 'post-software patents' world (or post-Alice world) materialise in Europe as well? How about China, possibly the last safe haven for such patents? The sure thing, activism in this domain remains necessary, and activism depends on vigilance.

Recent Techrights' Posts

In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025