Bonum Certa Men Certa

The EPO Ignores This Week's Decision Which Demonstrates Patent Scope Gone Awry; Software Patents Brought Up Again

It's all about money and replacing examiners with machines

Battistelli and money



Summary: The worrisome growth of European Patents (EPs) -- a 40% jump in one year in spite of decline in the number of patent applications -- is a symptom of the poor judgment, induced largely by bad policies that impede examiners' activities for the sake of so-called 'production'; this week's decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)

THE EPO has said absolutely nothing about the Board or about Broad. Odd, isn't it? Not even a tweet. Sometimes they do link to decisions of the Boards of Appeal, but not this time. Instead, there's this junk about a new Benoît Battistelli photo op (warning: epo.org link). We don't know if they're intentionally distracting from something, but we can only guess. Got to maintain the perception of top-notch patent quality, right?



"Battistelli took a flight on some plane and all he got was a lousy photo op (in which he is barely even visible)."As usual, this EPO 'news' is all about Benoît Battistelli. Heck, the entire Web site of the EPO is a shrine to Battistelli. How many years will that take to undo?

The world's news aggregators said nothing about the above meeting, which is pretty insignificant anyway. Battistelli took a flight on some plane and all he got was a lousy photo op (in which he is barely even visible). Blog post imminent? Either way, let's look at the real news.

"The EPO went overboard, unhinged from the actual purpose and function of patent offices."Fallout of EPO granting (in error) patents on life is very much visible. It's prominent in the news. We already wrote 3 articles about it earlier this week (on Wednesday and Thursday [1, 2, 3]). On Thursday it was widely covered by sites that -- judging by their names -- promote these monopolies for the most part [1, 2, 3, 4, 5]. Sites of lawyers too weighed in (some of them profit from CRISPR prosecution if not persecution). IAM, by the way, has still said nothing about it; the same goes for Watchtroll and other patent maximalists who would rather pretend nothing happened on Wednesday. CRISPR monopolists are in 'damage control' mode over this decision. They issue paid press releases which are face-saving spin.

"Merit-based patents (e.g. on economic grounds) will endure, but algorithms are already protected by copyright law and actual programmers do not want patents."Yesterday, IP Watch published an article (behind paywall) about an "EPO-EU Conference [which] Examines Hot Topic Of Patentability Of Plants In Europe" and to quote what's outside the paywall: "The last couple of years have brought heated discussions in Europe on the patentability of plant innovations, leading to a recent amendment of patent application rules at the European Patent Office. Two major actors share this innovation landscape: the biotechnologists and the plant breeders, with similar but not identical needs for protecting their invention. A joint conference on innovation in the plant sector was held recently by the EPO and the Community Plant Variety Office."

The Community [sic] Plant Variety Office is somewhat of a sham. We wrote several articles about it. The EPO should never permit patents on life and the Community Plant Variety Office is basically the opposite of what its name suggests [1, 2]. It helps to think of it like a corporate think tank.

Curiously enough, not even IP Kat wrote about any of the above. Not at all. Instead, revisiting software patents in Europe, IP Kat wrote this blog post yesterday.

"But what if the Boards lacked independence and feared the Office whose President is a clueless patent maximalist?""Is the EPO stretching the line for patentable subject-matter, again?"

So asks the headline. Sooner or later all software patents (the EPO always says "computer-implemented inventions" (CII) -- a sneaky term which avoids "software patents" being mentioned) too will get wiped, as per the EPC. It happened with plants, seeds, genome etc. so why not software?

The EPO went overboard, unhinged from the actual purpose and function of patent offices. Merit-based patents (e.g. on economic grounds) will endure, but algorithms are already protected by copyright law and actual programmers do not want patents. Any time the EPO loses touch/alignment with the law the Boards should be there to correct it. But what if the Boards lacked independence and feared the Office whose President is a clueless patent maximalist? Battistelli's cluelessness is well documented and it's an embarrassment to the entire organisation, not just the Office. There were warning signs about it right from the early stages (his candidacy) when he publicly admitted to not having a talent like creative people and inventors (his own words). His inability to comprehend software has repeatedly led to poor decisions, letting automation poorly replace some workflow at the Office. Staff repeatedly complained about it.

As Frantzeska Papadopoulou put it yesterday:

The new Guidelines for Examination of the EPO, valid from 1st of November 2017, include an interesting revised (and rather detailed) section G II 3.7, dedicated to the patentability of claims based on presentation of information. Presentation of information under 52(2)(d) of the EPC includes any form of information (such as visual or, audio) and covers both its cognitive aspect as well as the means of communication. However, the fact that the claims include purely cognitive (and thus non-technical) aspects does not automatically mean hat they are excluded from patentability. Presentation of information that assists the user in achieving a technical task has a technical effect (confirmed also in T336/14 and T1802/13).


Read the comments as well (they tend to be better than IP Kat posts). The first one says

Rather the Guidelines add examples from the case law in order to assist users how to find the rather difficult boarderline between patentable and non-patentable inventions in the field of computer implemented inventions.


The term "computer implemented inventions" is just a synonym of software patents. Don't be misled by it. The next comment says: "I must confess that I'm slightly confused as to how a claim to lean manufacturing would be considered as a presentation of information, unless the claims were very poorly drafted. The link to pure business methods isn't convincing at all, I'm afraid."

"what is the definition of the word "technical" that is so heavily being leaned upon?" So said the next comment and one person replies: "What is a "pure business method?""

"Let's quit pretending that these semantic and syntactic trick somehow (miraculously) permit the impermissible."Exactly. These are pretty meaningless terms ("technical", "pure" and so on) which were created to set up loopholes ("as such") for patenting algorithms. The Boards ought to put an end to all this nonsense; the sooner, the better. Sure, it would harm Battistelli's 'productivity' claims, but who cares about this megalomaniac? Just because he's still bullying a judge from the Boards? One might suggest that -- gasp! -- he does so intentionally.

Anyway, the above issue was also brought up yesterday by Simon Kahn and Joshua McFarlane from Boult Wade Tennant. They've just published "EPO Board of Appeal advises how to determine technical subject matter for assessing inventive step" and here are a couple of portions:

Computer implemented inventions, such as computer software, can be easy to copy but time-consuming to develop. Therefore, companies and developers are keen to ensure that relevant intellectual property is obtained for the computer implemented inventions, in which they have invested considerable resources. Patent protection seems like a good choice for protecting such products, because it can provide broad protection and can be enforced without any need to prove copying. Although patent law often restricts protection for computer-implemented inventions, many such inventions are patentable. Nevertheless, there are still grey areas, where protection may be obtainable, but only in certain circumstances and each patent office assesses such inventions in a different way.

[...]

This decision does not change the approach taken by the EPO to assessment of inventive step for computer-implemented inventions that contain some technical subject matter. Nevertheless, it does remind us of the difficulties that are often faced in securing patent protection for computer-implemented inventions. Such objections from Examining Divisions come up frequently and it is important to be aware of how they can be overcome, so the applicant can be awarded the protection to which they are entitled.


Notice their use of words like "inventive step", "computer-implemented inventions" and so on. Let's quit pretending that these semantic and syntactic trick somehow (miraculously) permit the impermissible. In the US, more so after Alice (2014), the word "abstract" is thrown around a lot. Based on major European law firms, the US is now more strict than the EPO and has made it harder to obtain software patents (than in Europe). If the EPC still means anything and isn't just an old piece of paper, then it's time to enforce the rules and curtail the endless expansion of patent scope. WIPO might not like it, but so what? The patent systems need not operate like a capitalist enterprise in pursuit of constant growth. What is this growth anyway? An expansion of monopoly? Is this even desirable?

Recent Techrights' Posts

European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
 
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026