Bonum Certa Men Certa

Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

The EPO continues to advocate software patents, even at the USPTO (post-Alice)

A typefiend



Summary: The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US

THE EPO has not changed under António Campinos. Only the face changed, not even the nationality. We generally try not to mix posts about the US with posts about Europe, but this one will be the exception because the EPO is going to the US again, as Battistelli used to do quite a lot (even hiring US-based PR firms, contracting US academics for preparation of his propaganda, setting up UPC propaganda events over there and so on).

"...the EPO is going to the US again, as Battistelli used to do quite a lot (even hiring US-based PR firms, contracting US academics for preparation of his propaganda, setting up UPC propaganda events over there and so on)."For those who don't know, the patent maximalists in the US have been hyping up some case known as Berkheimer, which we have written over a dozen articles about. In a nutshell, it's some old (almost half a year) Federal Circuit case that spoke about fact-finding or weight of evidence considered by the Patent Trial and Appeal Board (PTAB) when dealing with inter partes reviews (IPRs). As we explained right from the very start (publication of this decision), nothing but spin came out of it, courtesy of law firms with a selfish agenda. Yesterday even a European firm, Marks & Clerk (promoting software patents as usual) 'pulled a Berkheimer' even though the US Supreme Court (SCOTUS) pretty much said no to software patents. Remember that Marks & Clerk also supported policies of corrupt Battistelli and lobbied pretty hard for the UPC (it still does this). An article by Julian Asquith and Tobias Eriksson (Trainee Patent Attorney at Marks & Clerk) was published yesterday in Mondaq to say:

In summary, an examiner at the USPTO is now obliged to factually prove that any "additional features" of a claim are well-understood, routine, and conventional in order to support an "abstract idea" rejection. Hence, if a claim is novel and inventive, it should now be easier to show that it is also patent eligible (i.e. that it relates to patentable subject-matter).

It is widely acknowledged that the patenting of software-related inventions became more difficult in the US following the decision in 2014 of the US Supreme Court in decision known as "Alice" (Alice Corp. v. CLS Bank International).


It is still very difficult and several months down the line we know that Berkheimer has not changed anything concrete. It's barely even mentioned as a precedent; Berkheimer is just some "appeal to authority," routinely used by law firms to lie to the public, urging firms to still pursue patent applications (or lawsuits) on software. Sadly, we're seeing the 'new' EPO (of the new President) still doing what Battistelli used to do, basically aligning itself with the above liars. The EPO now works with software patents lobbyists like the Intellectual Property Owners Association (IPO) on an event in the US -- an event in which to promote software patents.

"...Berkheimer is just some "appeal to authority," routinely used by law firms to lie to the public, urging firms to still pursue patent applications (or lawsuits) on software."Hours ago the EPO wrote: "You can now register for the EPO’s Automotive and Mobility Seminar in Chicago, Illinois, on 26-27 September."

Yes, the EPO goes to Chicago to speak about "automotive innovations on CII and AI," two buzzwords that basically mean software patents. Here it is in the EPO's own words: (warning: epo.org link)

In plenary sessions you will learn about the latest developments at the EPO in areas including quality, timeliness and search. Patentability issues will be a key focus, particularly those arising from the increasing reliance of mobility and automotive innovations on CII and AI, as well as common difficulties for US applicants. Expert advice and hands-on claim drafting exercises will enable you to save time and money and increase first-time drafting success.

This high-level event is organised in close co-operation with the Intellectual Property Owners Association (IPO).


Got that? IPO and EPO work together now. For those who don't know or don't remember, IBM uses IPO to lobby against Alice (i.e. against the highest US court) while engaging in patent blackmail against many companies. Now there's this new example of IBM's blackmail campaign:

IBM is seeking $167m in compensation from Groupon, the e-commerce marketplace, over the alleged use of patented technology without authorisation.

The case is being heard at a federal court in Delaware where the jury is being asked to consider whether they agree with IBM’s contention that Groupon had employed IBM’s e-commerce technology without paying a license fee.

IBM contends that firms such as Amazon, Facebook and Alphabet are all said to make use of the same software, paying between $20 and $50m each for the right to do so but Groupon has challenged this analysis, arguing that the computer manufacturer is overreaching the scope of its patents.


This was covered in many other news sites today, e.g. [1, 2, 3, 4]. The real face of IBM isn't what many are led to believe.

"The bottom line is, the EPO now works with a front group that works closely with IBM for software patenting. It is generally not a good sign and it's happening weeks after Campinos took over the Office."The reason PTAB receives many IPRs against IBM patents is that IBM does much of the blackmail behind closed doors, as does Microsoft. They rely mostly on software patents, which are bunk. PTAB almost always invalidates these. All software patents should be voided after Alice, but they can only do this one patent at a time, based on a detailed (re)assessment.

The bottom line is, the EPO now works with a front group that works closely with IBM for software patenting. It is generally not a good sign and it's happening weeks after Campinos took over the Office.

Recent Techrights' Posts

Disinformation and Marketing Spam From and For OIN (GAFAM's and IBM's Weapon Against Free Software Activists and Reformists Against Software Patents)
All in all, this anniversary is just a PR stunt with revisionism
Google Spreading Misinformation and Lies
Google is in the propaganda business
New Video Report About Microsoft Cancelling Multi-Billion Dollar Projects
direct link to the video
Microsoft is Already Laying Off Lots of Contractors
cost-cutting at Microsoft takes a new "edge"
 
Links 29/04/2025: Microsoft Infosys Layoffs, 'Popcorn Lung' With Vapers, Hong Kong Banning Possession of e-cigarettes in Public
Links for the day
Gemini Links 29/04/2025: Hey-Hi (AI) Isn't Your Friend/Lover, Mastodon is a Mess, and Mandelbrot Programming
Links for the day
Just Sending More and More Threats Does Not Change the Fact We Got Abused for Many Years and Women Got Strangled
Wanting a "gag order" - or sometimes injunctions - by sending many threats
Links 29/04/2025: Water Scarcity, LLM Slop Backfiring Again in Legal Documents
Links for the day
statCounter: GNU/Linux Adoption Surging in Switzerland, Windows at All-time Low
What happened?
Gemini Links 28/04/2025: Free Speech and Perfectionism in Design
Links for the day
What Fake News Looks Like (IBM)
IBM told a lie. The media then just blindly repeated this lie.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 28, 2025
IRC logs for Monday, April 28, 2025
China is Already Culling GAFAM (Not Just Microsoft Windows)
OS monoculture or "OS hegemony" may be coming to an end
The "Telephone Operating System in the Vatican" is 95 Years Old, Vatican Moved to GNU/Linux
Maybe Microsoft is down to zero already
If Tesla Shares (and Alleged Value) Fell 55% (From $489 to $222) in a Few Months Maybe It's Not Worth Anything At All (It's Just Gambling)
Tesla swasticars have turned from a "status symbol" into a "public embarrassment" and cause for casual humiliation
Coming Soon: Microsoft Fake Results, Mass Layoffs, and Silence About All the People Microsoft Pressured to "Quit" (So That They Don't Get Counted as Layoffs)
there will be more mass layoffs
Chromebooks' Adoption in Sweden No Longer Depends on Schools
School breaks are when classrooms are shut
No, IBM is Not Investing $150 Billion in the US and It Doesn't Even Have That Kind of Money
Here we go again... media as a vehicle of lobbying and misinformation
Leak: The EPO's General Consultative Committee (GCC) Does Not Consult Staff on Crucial Matters and Bypasses the Administrative Council (AC) to Do Illegal Things
violations against the EPO's very staff
New Leaks Coming Soon, We Maintain 100% Record of Successful Resistance to Censorship
We won't be told what we can and cannot say (especially when it's true)
Central African Republic (CAR): Vista 11 is Only ~0.2% Market Share
99.8% to go!
BSD and GNU/Linux Replaced Microsoft in Secure Servers, All Microsoft Has Left is LLM Slop for Fear, Uncertainty, and Doubt (FUD)
the FUD machine never rests
Gemini Links 28/04/2025: A Simple Task Tracking and Auto-Prioritization Tool and Other Programs
Links for the day
Links 28/04/2025: Canada's Election, Pakistan-India Conflict
Links for the day
Speed of GNU/Linux
The media seldom speaks of the dangers of "proprietary software"
Glue Inside Your Pizza (or Why People Will Get Fed Up With Slop)
People are given "answers" from non-intelligence word dumpsters
Proprietary Windows Versus "Linux" News (Trying to Keep People on Windows, Never Exploring GNU/Linux)
Good editors know better how to recognise threats and not give them lip service
Ensuring That Every Computer User Anywhere in the World Can Take Control of All His or Her Computers
We must fight the people who attack general-purpose computing, in particular those who push this agenda very aggressively inside Linux
Links 28/04/2025: Cyberattacks Happening, Chatbots Disappointing, and "Free Speech Under Fire"
Links for the day
Phone Adoption Very Low in Vatican, Windows Usage Fell Nonetheless
Even in places where people still use desktops/laptops most of the time (and have access to these) Windows is gradually losing ground
GNU/Linux 9% in Cuba, Vista 11 Waning, Android Dominant
Microsoft has pretty much lost Cuba
Gemini Links 28/04/2025: Autism and Structural Navigation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 27, 2025
IRC logs for Sunday, April 27, 2025
What Happened to the Open Source Initiative (OSI) Elections: The Purge, the Cover-up, and the Witch-hunts
OSI has gone "full Microsoft"
In 24 Countries Observed by statCounter Vista 11 is Still Less Than a Quarter of Windows Users Despite All Other Versions Being 'Expired'
They ought to move to GNU/Linux
Links 27/04/2025: Pope Goodbyes, "Politics of Fear", Slop Redux and More Google Shutdowns (Google Debt Had Grown This Year)
Links for the day
Links 27/04/2025: Serenity Dialectics, Hockey Jersey Ethics, and More
Links for the day
Links 27/04/2025: Death of Nest Thermostats, Death of Metaverse
Links for the day
Links 27/04/2025: Projects Workflow and Discovering Technology
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 26, 2025
IRC logs for Saturday, April 26, 2025