Bonum Certa Men Certa

Patentability of Software Constantly Pushed by the EPO Under António Campinos With Help From IAM, CIPA, IPO and Other Litigation Front Groups

Battistelli and CIPA lobbying for the UPC, a Trojan horse for software patents

CIPA meeting with Stephen Jones
Stephen Jones (IP Kat) next to Battistelli



Summary: The rogue EPO, which has lowered patent quality and is broadening patent scope much further under the leadership of António Campinos, isn't even hiding its strong ties to the litigation 'industry' (not anymore)

WHILE the USPTO drifts further and further away from software patents (granting them only to see them repeatedly rejected by courts), the neighbours across the Atlantic warm up to these, at least as far as the EU (not pertinent member states) is concerned. It's problematic. It's troubling because it used to be the other way around.



"No day would be complete without the EPO blatantly pushing/advocating software patents..."Yesterday was just another typical day of advocacy by the EPO for software patents in Europe. It got a lot worse (more frequent) since António Campinos took over.

No day would be complete without the EPO blatantly pushing/advocating software patents (thrice yesterday!). Here is the EPO talking about such patents in the context of "mobility & automotive": "Patentability issues will be a key focus, particularly those arising from the increasing reliance of mobility & automotive innovations on CII and AI, at this EPO seminar in Chicago."

Then came a second (consecutive) tweet in which the EPO called software patent "AI" to controversially if not illegally grant patents on algorithms. The EPO said: "Panellists at the EPO’s Patenting #ArtificialIntelligence conference identified three types of AI patenting."

Another tweet then spoke of "ICT-related patent applications," which is another way of alluding to software patents ("ICT"). What we have here is EPO and patent zealots from CIPA (in Chicago it's patent zealots from IPO) conjoined for a toxic agenda. They're just pushing lots of buzzwords in: "Our upcoming free-of-charge ICT seminar will focus on patentability issues & the major aspects of filing and prosecuting ICT-related patent applications at the EPO."

CIPA are liars. They're a front group looking to harm Europe so that they can make money from litigation (extortion of European businesses). Here is their President, a mate of Battistelli, who also led IP Kat for a while (when IP Kat stopped covering EPO scandals). Their new tweet suggests that they're still pushing the UPC agenda: "CIPA President Stephen Jones @Patman1978 provides our guests from the Taiwan Patent Attorneys Association with an update on Brexit and UPC, today at a roundtable meeting together with colleagues from..."

Remember that this is the guy who posed for photo ops with Battistelli and (co-)ran IP Kat for a while.

Speaking of Battistelli, his mates at IAM (where he's a guest author, keynote speaker etc.) has just published this article from Raymond Millien (Vice president and global chief IP counsel, Volvo Car Corporation) and Jan Schnitzer (General counsel and head of IP, u-blox AG). It's unusually outside the paywall because it's promotional. It's lobbying.

The patent trolls' lobby (IAM) pushes the EPO to get involved in software patents FRAND; they'e using misleading terms such as "IoT" and "4IR" (more buzzwords for software patents). To quote a portion:

In the Fourth Industrial Revolution – The Internet of Things (IoT) – there has been a push by car manufacturers to provide customers with what is known as “connected cars”. These provide, through a telematic control unit (TCU), the ability to connect to the Internet and share such access with any mobile devices located within the car. Such access facilitates not only connected services such as emergency dispatch, concierge, maps, weather, traffic, driving analytics and satellite radio, but also various autonomous driving (AD) functionality.


IAM is still a front group with a Web site. They have become a lot more secretive a fortnight ago. They don't really want to be seen, except by insiders.

Yesterday we also saw this article about "Automotive IP", just like the above. Gordon Harris (Gowling WLG) fails to note that UPC is pretty much dead, instead going along with the fiction that it is inevitable. To quote:

At present, there are two systems pursuant to which a patent may be granted covering the UK: the national system, in which an application is made to the UK Intellectual Property Office (UK IPO); and the European system, pursuant to which an application is made to the European Patent Office (EPO). (Either system may be preceded by, or may provide the receiving office for, an application under the international system). Generally speaking, questions of infringement or validity of a patent covering the UK granted under either system are litigated in the courts of the UK.

A no deal Brexit will not impact significantly the existing patent systems, both of which are largely outside the remit of EU law. However, a no-deal Brexit would be a considerable obstacle to the UK's involvement in the UPC. This is because the UPC system draws upon aspects of the EU's legal system, such as the Article 267 TFEU mechanism for reference to the Court of Justice of the European Union (CJEU) and the 'Brussels' regime governing jurisdiction and enforcement.


These people know that UPC is somewhat of a Trojan horse for software patents and litigation with them. Do they mind? Well, sure they do. They make money from both, so the more to merrier (to them).

Recent Techrights' Posts

SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
 
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt