Bonum Certa Men Certa

The EPO Continues to Grant Software Patents Even Though Many European Patents Are Being Invalidated Already

The legal certainty associated with European Patents is rapidly ending

USS EPO



Summary: "Strong patents aligned with a company's products help secure exclusivity in core markets," the EPO wrote yesterday. The EPO, however, is no longer a place for strong patents (certainly not anymore) because its patents are of low value, low legal certainty, and work is poorly researched (examiners not given sufficient time to do the work properly); the EPO just lowers the bar and violates the EPC in the process, hoping to replace the courts so as to mask this gross violation

LAST WEEK we gave almost a handful of new examples wherein European Patents, granted by the European Patent Office (EPO), were thrown out by courts, including the highest British court. The new President doesn't seem to care. To the credit of the EPO's examiners, some of them also threw out patents after oppositions; but they, like the appeals' processors (not the same thing), do not enjoy independence from this President and they're grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly).



GenomeWeb has another new reminder that patent quality suffers. Even the EPO itself can admit this:

The European Patent Office has revoked a patent held by Pacific Biosciences, the company's rival Oxford Nanopore Technologies said today.

Oxford Nanopore had challenged the validity of the patent, EP3045542, titled "Methods for nucleic acid sequencing," which was granted in 2016.


2016 means under Battistelli at the height of all the scandals.

"To the credit of the EPO's examiners, some of them also threw out patents after oppositions; but they, like the appeals' processors (not the same thing), do not enjoy independence from this President and they're grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly)."At the turn of the new year I was personally alarmed to learn just how bad things had become at the EPO. And almost nobody talks about, certainly not the corporate media. I decided to throw aside coverage of American affairs in favour of EPO stories (this is the fourth one so far today). The newly-confirmed buyer of Red Hat, IBM, is pushing for "AI" patents in Europe -- the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament. Less than a day ago Patent Docs advertised for the patent extremists at the Intellectual Property Owners Association (IPO), notably backed by IBM (with a dedicated "task force" for software patents), who prop up the Berkheimer lie. Among the bulletpoints there: "Finjan, Inc. v. Juniper Network, Inc. (N.D. Cal.), where the court ordered the section 101 invalidity defense be decided at trial, but the ultimate jury instructions and verdict form did not address Section 101" (this horrendous patent troll has USPTO-granted patents passed to it by IBM).

"The newly-confirmed buyer of Red Hat, IBM, is pushing for "AI" patents in Europe -- the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament."Also less than a day ago Watchtroll published an interview with "Mark Ringes, Vice President and Assistant General Counsel for IBM, and Manny Schecter, Chief Patent Counsel for IBM" -- an interview in which they're denying that patent trolls are a problem ("just noise" is what they say) because IBM itself acts like a patent troll. They now bring that very same agenda to Europe. The same patent maximalists' site that recently revealed IBM proudly promotes this "AI" agenda in Europe (algorithms as "AI") has caught the eye of FFII. "It is a computer program," FFII's Benjamin Henrion wrote yesterday, alluding to this text: "Which is a problem for AI patentability because the technology is seen by some as pure mathematical methods and nothing else."

Henrion had also taken note of some new event [1, 2, 3] about "AI" patents. "Here’s what you need to deliver as inputs for your patent attorney to protect an AI-related invention," one tweet said, along with Bastian Best "discussing levels of abstraction for patenting AI-related inventions #AMLD2019. He even prepared a 20-page document describing how to write the perfect invention disclosure report."

"So highly successful European/French software projects -- this one with over 3 billion downloads -- are at risk due to software patents."Best is still promoting software patents (in Europe) as he has done for like a decade (even picking a Twitter username to that effect, "swpat"). Another person was "discussing EPO practice wrt AI-related inventions..."

These are all just patents on algorithms -- clearly in defiance of the EPC. Courts would not accept these.

"VLC is constantly receiving patent threat letters," Henrion wrote, "ignoring them for now, and the UPC will change the whole EU situation, French courts won't have to power to reject EPO software patents anymore..."

So highly successful European/French software projects -- this one with over 3 billion downloads -- are at risk due to software patents. They're being threatened in Europe and patent attorneys (like the ones above, boosters of "AI" patents) typically also lobby for the UPC, in an effort to bypass national courts.

As of yesterday, the EPO carries on with the usual, promoting illegal software patents using hype waves like "blockchain" (just software basically). It wrote this: "What does the future of #blockchain and its impact look like?"

"The more software patents the EPO grants, the worse its reputation will get."Crowell & Moring LLP's Kristof Roox, Geert Bogaert, Steven Verbeke and Linh Truong have just written about another (albeit similar) trick for legitimising software on computer vision (software and mathematics, geometry), citing the "European Patent Office's Study on Patent Applications for Self-Driving Vehicles Technologies in Europe". They all push for patents on algorithms by calling these something else, typically 'hot' and 'trendy' acronyms that circulate in the media (perpetuating the concept of them being 'innovative').

Yet another conference pushing software patents in Europe was advertised at the start of this week, with the press release saying "Patent Protection for Software-Related Inventions in Europe and the USA", then elaborating with "Examples and approaches for protecting software and computer-related innovations, taking into account the unique requirements in the US and Europe..."

Then came another with the same title. The more software patents the EPO grants, the worse its reputation will get.

Recent Techrights' Posts

The Register MS is Still Being Paid to Participate in the "AI" Ponzi Scheme Which Will Crash the Economy
The Register MS is hoping to get lucky by tricking people into a scam
Evidence Contradicting Microsoft's Non-Denying Denials and Expectation of Many Layoffs Soon
"Microsoft has had this constant drip of layoffs for months."
At Least 3 Richard Stallman Talks in Europe Confirmed So Far, Next Week in Rome There's Another
Dr. Stallman has not announced this yet
 
Links 07/10/2025: EU' Chat Control is Back, US Cracks Down on Democracy
Links for the day
Techrights Pursues Justice and Truth Because, Without Those, Society Descends Into Chaos
most people reject dogma and pseudoscience
Upcoming Talks by Richard Stallman in Helsinki, Göteborg, and Rome
Join with him and share the software
Something Bad is Happening in the Open Source Initiative (OSI)
The latest OSI blog post is from a Microsoft operative and a few weeks ago the Executive Director left
TLS 1.3 Dominates Geminispace (99% of Known Capsules)
it's nowadays safe to assume almost every capsule can handle TLS 1.3
Why soylentnews.org Has Been Having Technical Difficulties Lately
The network has been going up and down quite a lot this past week
A Statement Against Violence
The facts are on our side
They've Run Out of Things to Rebrand or Label as "AI"
The next few years will be interesting because if Microsoft lays off tens of thousands of workers each year, there won't be much left except mountains of debt and dying brands
Richard Stallman Confirms His Talk in Göteborg This Coming Friday
"The hosts say that the list will not be given to the state"
Most of the "Linux" Results This Morning in Google News Are LLM Slop From the Same Slopfarm, Plagiarising Phoronix
The main question is, does Google even care at this point?
Gemini Links 07/10/2025: Civil War and "Goodbye Web"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 06, 2025
IRC logs for Monday, October 06, 2025
The "AI Revolution" is Going Very Well, Right?
money that does not exist and alleged potential that is pure fiction
Links 06/10/2025: Scam Altman Himself Admits He Runs a Scam Based on a Bubble, US Administration Adopts “War From Within” Narrative to Crush Opposition/Dissent
Links for the day
Slopwatch: Fake Ubuntu 'Articles' and Google News Helps People Who Plagiarise Phoronix Using LLMs
Michael Larabel can't possibly be happy about that
6,000 Pages/Articles a Year
Today in one month from now the site turns 19
When Things Become So Ubiquitous That They're Almost Nameless
The notion or the concept of software freedom isn't tied to any particular brand or project, so it should still resonate
IDG Seems to Have Abandoned Sandra Henry Stocker's UNIX/Linux Column
Unless we hear otherwise or see some update/s, this may mark another death blow from IDG
Gemini Links 06/10/2025: Winter Nights and "Virtue Signaling"
Links for the day
Links 06/10/2025: Scientific Awards and Typhoon Matmo
Links for the day
IP Kat Gone Bonkers, Pushing Slop in Patents (Likely Illegal, With Severe Consequences)
AstraZenecaKat: "Last time, this Kat covered some practical steps on how to ensure client confidentiality when using AI tools (IPKat)."
Links 06/10/2025: Grokipedia as Malicious Slop, US 'Martial Law' a "New Normal"
Links for the day
Fake Economics and Clown Computing Circuses
who's gonna pay for these scams?
Nobel Prize in Economics Does Not Exist, It's Propaganda From Sveriges Riksbank
"It is that time of the year when it is important to remind people that there are no Nobel Prizes for professional wrestling, astrology, or economics"
Rust is Eating Linux
That's a recipe for problems
Cindy Cohn (Executive Director of EFF) is a Millionaire, Earned Almost $30,000 Per Month Before Departing While the EFF Lost Money
EFF is "Big Business"
Non-Denying Denial From Microsoft (Again) Regarding the End of XBox Consoles
It's kind of hilarious that even the site chosen by Microsoft to relay its BS, based on past loyalty, isn't quite buying it
Bringing Back Lost Articles From the 1990s: Microsoft Products Leave Door Open to NSA
Nothing has changed since then
When the Slop Bubble Pops People Will Say Richard Stallman Was Right (Again)
What was once known as Computer Science turned into "IT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 05, 2025
IRC logs for Sunday, October 05, 2025
Links 06/10/2025: Science, Hardware, and Andrej Babis Making a Comeback
Links for the day
Links 05/10/2025: Slow News Day and Wondering About the Canada Post Walkout
Links for the day
Gemini Links 05/10/2025: Telnet Debugging and The Programmer’s Brain
Links for the day
More Than "Just a Rumour": XBox Seems to Have Just Died
At this point, why would any studio out there target or partner with XBox?
How to Tell Your Community, Project or Company is Being Infiltrated by Saboteurs
How to identify nefarious social engineering
The Fortieth Birthday of the FSF Made Us Extremely Happy
It feels like the 'hacker community' is regrouping to discuss things and prepare for the next Big Challenge
Chat Control 2 Them, Not 2 U
Follow the advice of Dr. Patrick Breyer
Mozilla: Throw Away Your "Old" PC and Enable "Digital Rights Management (DRM)"
This is heading in a bad direction
Controlling Our Computing for Another Forty Years
40 years of freedom
Motivational Small Place to Run Large Sites
We deem this scenery motivational and inspiring
Techrights' Text Version (Daily Bulletin) Turns Five This Month
our plain-text bulletins are turning 5 this month
We'll Continue Covering the Moribund OSI and Other Dysfunctional if Not Hostile Institutions
Stefano Maffulli's departure is due to his defection and due to him failing the mission in pursuit of money (his salary)
Microsoft XBox is Dying as More Retailers Stop Stocking It and Massive Layoffs Planned Again
Microsoft is circling down the drain
Links 05/10/2025: Lufthansa Layoffs (4,000) and More Spotify Woes (Aside From Massive Debt)
Links for the day
The Free Software Foundation's Livestream Has Ended, Video/s Might be Online Next
I've asked whether they'll upload video of some of the event; I still wait for an answer
The Register MS Does Not Know the Difference Between Microsoft GitHub and GitLab
At the time of writing (October 5) the article from "Thu 2 Oct 2025" remains uncorrected
Linux and the Freedom Paradox
Linux is losing freedom if some external actors who only use Microsoft tools for development wrest control
"Bullshit Generators" (What RMS Calls LLMs) and Fake Images Already Target the FSF
Why does Google News promote fake articles about the FSF while omitting all the real ones?
Software Patents as a Bubble
Don't invest resources in hype; if you detect a bubble, run away from it
Links 05/10/2025: Political Leftovers, Climate Change, and Security Incidents
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 04, 2025
IRC logs for Saturday, October 04, 2025