Bonum Certa Men Certa

Europe is Getting Flooded With Software Patents, Repeating the Mistakes Made by the United States

Europe on Earth



Summary: Today's EPO is totally neglecting any perception or aspiration for patent quality; even abstract ideas are being enshrined as European Patents and examiners are compelled to play along, even in clear defiance of the European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973

THE EPO is not supposed to allow/award/grant software patents in Europe. António Campinos most certainly knows that, but he doesn't care. Since his term had started the EPO relentlessly promoted software patents like no time before. Even the U.S. Patent and Trademark Office (USPTO) is tougher on software patent applications, owing to 35 U.S.C. €§ 101. At the USPTO examiners don't risk losing their job for rejecting these.



"At the USPTO examiners don't risk losing their job for rejecting these."The EPO's management has learned the tricks; it instructs the applicants to use a bunch of mindless buzzwords like "AI" and then threatens examiners who see past the buzzwords (more or less every computer algorithm can be 'spun' or framed as "AI" because the concept is rather broad and vague).

The game of buzzwords isn't limited to the West; China plays that game as well, Korea's KIPO uses buzzwords made up/shored up by the EPO, and Singapore's IPOS is among these corruptible patent offices that use buzzwords like "IoT and AI" to give teeth to abstract and likely bogus software patents. Here's an example from yesterday, an "[i]nterview [with] Daren Tang of IPOS on office initiatives, AI and Belt and Road" ("AI" again, in the summary below as well). To quote:

The head of the Intellectual Property Office of Singapore discusses IP trends in Singapore and ASEAN, including challenges spurred by IoT and AI, and innovations to capture Belt and Road Initiative opportunities


Nowadays patents get granted on all sorts of algorithms, including in the research domain I come from (computer vision). Here's an example from last night.

"Nowadays patents get granted on all sorts of algorithms, including the research domain I come from (computer vision)."The EPO goes even further than most patent offices in enabling software patents. As we explained earlier this week, the EPO has lost any sense of shame and nowadays it's just openly promoting software patents under the guise of "AI". Here's a new report about it: [via]

The European Patent Office (EPO) has published a preliminary update of its guidelines for examination, including changes for provisions relating to the patentability of artificial intelligence (AI) and machine learning. Under the new provisions, real-world technical applications of AI and machine learning are patentable, as are inventions relating to inventions specifically adapted computer hardware.

However, according to Alex Korenberg, partner at Kilburn & Strode, the provisions mean that fundamental advances in AI and machine learning that are not specific to any application or hardware remain unpatentable.


So they're just granting more and more monopolies on algorithms in Europe. As Benjamin Henrion quotes, calling it the "EPO's technical tautology" (citing what we cited earlier this week): "However, restriction of the claim to a specific technical purpose and/or a specific technical implementation may impart technical character onto the AI algorithm and thus the invention may be considered patentable by the EPO."

That's ridiculous. They're just granting patents on algorithms because of buzzwords and actively advising applicants to take advantage of this loophole they're created.

"In practical terms Campinos has changed nothing at all since Battistelli left his penthouse."Over in the US, back on September 13th, a site called Visual Capitalist was calling software patents "AI" once again; it's one among those many articles advising applicants to bypass the limitations imposed by the courts, even if the courts rather than examiners will reject such patents anyway.

IAM, a loud proponent of software patents and a partner of the EPO, has just advertised an event it hashtagged "Software IP Patent" (as in software patents by another name because US courts nowadays reject these).

It's not hard to see whose agenda is served by all this. It's also not hard to see the role of Campinos, even if he (characteristically) keeps quiet and keeps himself in the background. In practical terms Campinos has changed nothing at all since Battistelli left his penthouse.

Recent Techrights' Posts

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
 
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026