Bonum Certa Men Certa

The Reputation of the EPO is Ruined But Now It Ruins the Lives of Staff and Europeans

A single incident if not a few incidents can be highly corrosive to an institution's name

EPO pepper spray



Summary: Team Campinos, formerly known as Team Battistelli, is failing to show that things have changed at the European Patent Office (EPO) because software patents are being advocated every day, even patents on life/nature/animals/plants/seeds/beverages

"EPO study reveals the trends in self-driving vehicle innovation and the massive growth in European patent applications in this field in recent years," the EPO wrote yesterday. I personally wrote some software to that effect, so it bothers me to see the EPO promoting buzzwords (see the remainder of this tweet) to describe what I know to be mostly statistics and geometry, i.e. mathematics.



"The confidence in European Patents will continue to erode if they work around the law or violate the law.""We have just published this summary of our conference on patenting #artificialintelligence," the EPO then added, using that old foolish buzzword "AIpatents", which is very obviously software patents or patents on algorithms. Who do they think they're fooling?

The 'Battistelli of WIPO', Mr. Gurry, is meanwhile propping up this same software patents agenda using the "AI" buzzword -- the same dirty trick as "AIpatents" from the EPO. As IP Watch put it yesterday:

WIPO Sheds Lights On Artificial Intelligence Patenting Trends In New Report



The World Intellectual Property Organization today released its first report on artificial intelligence showing a sharp rise in patenting activities over the last few years. WIPO Director General Francis Gurry called artificial intelligence a “game changer” during a press briefing yesterday and said WIPO hopes to spark a conversation on the issue among its member states this year. As in most other fields, leading patent offices are the United States and China.


We previously showed how the U.S. Patent and Trademark Office (USPTO) had worked around 35 U.S.C. €§ 101/Alice (SCOTUS) by copying "AI" from the EPO. It copied some other buzzwords from the EPO.

"The EPO should never grant patents on life and on maths. Never."The confidence in European Patents will continue to erode if they work around the law or violate the law. Courts aren't in the business of granting patents but delivering justice, grounded in underlying laws. The EPO should never grant patents on life and on maths. Never. As this article from EUbusiness in 2017 (and also a couple of months ago, "Headlong rush on UTP directive is jettisoning EU principles - and won't help any farmer"), there's a growing perception that the EU and the EPO are against small businesses, farmers, etc. It's hard to disagree because this perception is correct. IPPro Magazine wrote this article yesterday. "Controversial tomato patent revoked following Syngenta withdrawal," the headline said, followed by:

Syngenta has withdrawn a controversial European patent on a tomato plant derived from conventional breeding following massive public outcry.

Following Syngenta’s withdrawal, the European Patent Office (EPO) has officially revoked patent EP1515600 which claimed tomato seeds, plants and fruits as its invention.

The aspect the patent claimed to invent was not genetically engineered but was derived from conventional breeding.

The pressure group No Patents on Seeds, which is a vocal opponent to the EPO’s stance on animal and plant related patents, said some 65,000 individuals from nearly 60 countries and 32 organisations participated in the opposition.


Why was it granted in the first place? Whose idea was it to allow such patents? The appeal boards that are being intimidated by Office management? Whose independence is virtually non-existent (not free to judge without fear of consequences any longer)?

"Patent trolls would benefit from this the most because this is their business model."As we've demonstrated using many new examples over the past week (even yesterday), including some from the highest British court, upon closer inspection a lot of European Patents turn out to be bunk and patent courts in Europe do not tolerate these.

Florian Müller's many posts (as of late) about Qualcomm culminated in this one yesterday:

Four Qualcomm patent suits against Apple dismissed by Munich court, four others in zombie mode



[...]

These are eight cases because there are two cases for each of the four patents, always one against Apple Inc.--the U.S. HQ--and one against two European Apple entities. The older ones of the four patents-in-suit (too old to be challenged before the European Patent Office post-grant, but they are being challenged in the Federal Patent Court of Germany), EP1956806 and EP1955529, are not infringed--for the aforementioned reason (no "standby"). That disposes of four of the eight cases. Qualcomm can appeal, but the "standby" question appears to be an insurmountable hurdle for Qualcomm, and the EPO opinion on the other two patents, while neither final nor binding on the Federal Patent Court of Germany, strongly suggests that the entire patent family is doomed to be invalidated.

Non-infringement was successfully argued for Apple by Freshfields Bruckhaus Deringer's Prince Wolrad of Waldeck and Pyrmont.

Instead of outright ordering a stay of the other four cases (over the two younger patents the EPO deems invalid on a preliminary basis), the court made the procedural decision to give Qualcomm a chance---by way of a reopening of the proceedings--to respond to the EPO's preliminary findings of invalidity. That's because the EPO opinion came in so shortly (just about a week) before today's ruling date in the infringement cases.

[...]

Also, the EPO's opposition hearings will take place later this year, so if the Munich I Regional Court allowed enforcement (which wouldn't matter because iOS 12 contains a workaround) but the EPO issued a final (though appealable) revocation decision later, it wouldn't look good, while the EPO's preliminary opinion justifies a stay of those four cases (short of a silver bullet on Qualcomm's part), and should the EPO change mind, Qualcomm wouldn't have lost much time for enforcement.


We previously covered some rejected (in German courts) European Patents and yesterday Kluwer Patent Blog and IP Kat mentioned a FRAND-related ruling in Germany and SEP in England (those two things are closely related). Reading between the lines, it seems like the EPO is totally disconnected from the rule of law and courts' decisions reflect/show this. What good is a patent that courts do not care for? It's just a piece of paper, usable for extortion purposes at 'best'. Patent trolls would benefit from this the most because this is their business model. They just 'monetise' things of no market/real-world value.

Recent Techrights' Posts

Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026