Bonum Certa Men Certa

The António Campinos-Led EPO is Over-Relying on Bogus and Abstract Software Patents to Fill the Gaps

Creating more paths (mostly buzzwords) for dodging well-understood restrictions

Mind the gap



Summary: In an effort to bypass courts (while lobbying for dubious courts like the UPC) the EPO continues to issue a lot of software patents, typically calling these something like "artificial intelligence" (almost any algorithm can be called that with sufficient verbal creativity)

THE EPO's management certainly knows the restrictions on software patents in Europe, which is why this management keeps coming up with workarounds, notably lingual wizardry. We wrote a lot of articles about it (several dozens) when Battistelli was still in charge; prior to him, back in the Brimelow days, "as such" was the only notorious term being brought up. Sacrificing patent quality for the sake of something else is never ever a good idea. Ever! It's a compromise on justice itself.

“The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents.”
      --Anonymous
The brainwash machine of the EPO isn't doing too well. IAM has in fact just 'gone dark' (no access to articles, RSS feeds deleted) and greenwashing by the EPO is far too shallow. Here's an example from yesterday to which I responded with: "Granting a monopoly on a solution to climate issues isn't helping. It's arguably making things worse..."

The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents. They have already done that twice by midday today. It has gotten a lot more frequent since António Campinos took over. It's a sharp difference (we tracked these things closely under several years of Battistelli as well). They did that at least three times on Monday (yesterday), with examples including this tweet: "Takeaways from the EPO's event on patenting #ArtificialIntelligence provided by Grant Philpott, Chief Operating Office ICT at the European Patent Office..."

Grant Philpott is pushing/promoting software patents again; they're linking to an old YouTube video with barely any views after 3 weeks online (about 5 views per day after the video was promoted, totaling 90 views when we last checked). Then there's this tweet: "Patenting #artificialintelligence: how do EPO and industry experts view this fast-growing phenomenon? Find out here: http://bit.ly/AIpatents"

Those are just software patents. The EPO's official account and Web site are pushing/boosting such patents yet again and people see past the stupid buzzwords. Here's one response to it: "TL;DR : 🤑🤑🤑🤑. ( I didn't actually read it but it's an easy guess :) ) How should normal people view €« Patenting #artificialintelligence €» ? : 😱😱🤬😱😱"

Watch what the EPO retweeted only a few hours ago (in French).

Then (also yesterday) the EPO together with patent zealots from the US (Intellectual Property Owners Association) carried on pushing "CII and AI" (acronyms that mean computer-implemented inventions, a.k.a. software patents, and artificial intelligence).

"If you work in patents and have stakeholders who do business in Europe, then this event is for you," they said. The EPO promoted this again a few hours ago. They help American companies pursue software patents in Europe (to then potentially sue software companies in Europe). The Intellectual Property Owners Association was mentioned by Patent Docs yesterday in relation to this upcoming webinar on dodging quality control at the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) often intercept software patents. "The Intellectual Property Owners Association (IPO)," it said, "will offer a one-hour webinar entitled "From BRI to Phillips at the PTAB: Consequences for Practice" on September 6, 2018 from 2:00 to 3:00 pm (ET). Eric Cohen of Brinks Gilson & Lione, Kevin Greenleaf of Dentons US LLP, and Shaun Zang of Goldman Ismail Tomaselli Brennan & Baum LLP examined dozens of litigations in recent years where both district courts and the PTAB construed the same patents, and will provide useful insights as the PTAB is expected to switch from BRI to Phillips in post-grant proceedings this fall."

They will be looking for new ways to work around PTAB, that's for sure.

Another patent maximalists' site, Managing Intellectual Property, has meanwhile published: "Dmitry Andreev discusses issues in patenting blockchain-related technologies, and explains how to avoid the most common grounds of rejection" (this too is behind paywall, albeit nowhere as a extreme a paywall as IAM's new one).

This patent maximalists' site is pushing software patents again, but it suggests disguising these using buzz like "blockchain" and "AI" (same thing EPO exploits to rebrand algorithms these days). Then came another article, this one a puff piece of Patrick Wingrove in the form of an interview.

"AI plays a bigger role in making them," this patent maximalists' site says, using the buzzword "AI" to promote patents on medicine that's not necessarily even novel. This is so typical yet still nauseating.

If that's not bad enough, watch what Managing Intellectual Property has just published regarding Alice: "Section 101’s power wanes after Berkheimer" (we've already published several rebuttals to it based on numbers from the patent microcosm itself [1, 2, 3]).

Ellie Mertens and Michael Loney from the patent maximalists' site have just pushed semi-truth or a lie about Berkheimer. If often seems like not only patent lawyers are liars but also people who write about patent lawyers and "engage" with them. Perhaps lying is an art form and this is what people pay $200/hour for. Hire a liar. From their summary (outside the paywall):

New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate


The negligible decline they cite has nothing to do with this case (Berkheimer), but "alternative facts" seem popular among patent law firms with an agenda. Or propaganda sites like IAM, which unfortunately went completely dark and are thus impossible to track and correct (face-check) anymore. They just want to write exclusively to those who pay them to write a bunch of nonsense; they cannot afford outside scrutiny. Maybe Managing Intellectual Property is the next site to go completely dark (they added the partial paywall about a year ago, but we still get the gist of their slant).

Recent Techrights' Posts

European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026