Bonum Certa Men Certa

EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

Everything under the sun becomes a European Patent

Snow under the sun



Summary: The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either

THE New€® and Improved™ President of the European Patent Office (EPO), António Campinos, has done absolutely nothing to curtail patent trolls and improve patent quality. Nothing whatsoever. He arguably made things even worse, exacerbating quality as brain drain persisted and quotas were raised.

"...the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving")."Another day passes and we have yet another example of EPO management promoting software patents in defiance of its governing principles/document. As we noted last week (and yes, it's happening again), the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving").

The latest tweet about it isn't as vague as the previous one because they've just added "CII" when they wrote: "We will be looking at computer-implemented inventions in #MedTech and discussing the value of patents for SMEs at this event in Sweden..."

They still use "SMEs" to pretend it's all about the "small guy", not just "health".

"We have discussed the challenges of drafting and prosecuting patent applications for AI inventions," the EPO then wrote, in effect propping up software patents in Europe (see our older writings about this ‘artificial intelligence’ (AI) hype).

This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli.

"This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli."D Young & Co LLP's Anton Baker now celebrates the granting of bogus European software patents under the guise of "AI"; this deviation from the law is rebranded "certainty" ("Patenting AI: certainty at last from the EPO?"); that's is quite a joke! There's no certainty in actual courts; rather the opposite. Lexology's paywall obscures most of this nonsense, but it starts as follows: "In recent years the importance of artificial intelligence (AI) and machine learning (ML) has grown relentlessly as its application has spread..."

No, a lot of things that used these techniques for a number of decades just rebranded accordingly, mostly for marketing gain and patenting loopholes. This article is from a firm which describes itself as "European intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights." That's just Team UPC's mentality. It's that familiar mindset of patent maximalism with increasing litigation in mind.

"A lot of these patents would be rendered invalid by courts (if challenged there)."We said we would no longer cover US affairs unless software patents make a comeback. Thankfully, that's not happening. Bogus software patents continue to perish in the US and Charles Bieneman has several new examples of US courts rejecting software patents [1, 2]. We've come across several more.

A lot of these patents would be rendered invalid by courts (if challenged there). Joost Duijm has in fact just written this article about a European Patent that's on shaky ground in the domain of medicine; A German court rejected this European Patent, whereas a Dutch court reaches another decision. Only lawyers benefit from this questionable presumption of validity and return to court. To quote:

On 16 January 2019, the District Court of The Hague ruled that the Dutch part of Eli Lilly and Company’s patent EP 1 313 508 is valid. The judgment was handed down in an invalidation action brought by Sandoz International GmbH.

[...]

At the end of the decision, the Dutch Court explicitly refers to the German decision by the Bundespatentgericht (BPG). The Dutch Court says that it is aware of the fact that it comes to a different outcome than the BPG. The Dutch Court suggests that this might be because the Bundespatentgericht based its decision on (partly) different (combined) prior art than the art in the Dutch proceedings, and because the debate at the BPG also seems to have been different on other points.


What will happen to all those software patents if or when they land in court? Florian Müller recently wrote about Blackberry's exploitation of highly dubious European Patents on software. Yesterday he carried on by writing: "Today the Seventh Civil Chamber (Presiding Judge: Dr. Matthias Zigann) held a first hearing in a BlackBerry v. WhatsApp & Facebook case that is part of a set of eight Munich patent infringement actions--over five different patents--against Facebook and its WhatsApp and Instagram subsidaries. The patent-in-suit discussed today: EP1746790 on a "method of sharing an Instant Messaging history." It's undoubtedly a pure software patent, and Judge Dr. Zigann noted, diplomatically, that such patents are "at the margins of the scope of patent-eligible subject matter." However, the focus of first hearings in Munich is on claim construction and infringement analysis (so the parties can prepare accordingly for the second hearing, which is normally a decisive trial), not on validity."

"So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage."BlackBerry, probably inspired by the likes of Qualcomm, wants a German injunction; so software parent grants are now causing ridiculous embargoes (or attempts at embargoes) over rather basic implementations that are neither novel nor original. Blackberry lacks a real business strategy; as Benjamin Henrion has just put it: "Blackberry vs NTP was the lawsuit that created the "patent troll" term back in 2006, now failed Blackberry is turning into a troll, what a surprise."

He then mentions Nokia, which Microsoft turned into a troll.

Müller has complained to me that corporate media isn't covering the case. The EPO certainly wouldn't want this noticed; watch what it published late on Friday as its weekly "highlight": it's this ridiculous fluff: (warning: epo.org link)

The EPO's art collection comprises some 800 works. Founded in 1980 and dedicated to emerging art, the collection aims to provide a link to society and, at the same time, to enhance the workplace for EPO staff and reflect its multicultural nature.


So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage.

Recent Techrights' Posts

This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
 
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025
Slopwatch: Slopfarms All Over Google News and Real News Sites Pushed Out of Visibility
Google News is dying (as a tool of value)
Gemini Links 25/08/2025: Numeric-only VM and Alhena 5.3.0
Links for the day
Links 25/08/2025: ‘Panama Playlists’ and Live Nation/Ticketmaster Suit Aims at Class Action
Links for the day
Gemini Links 25/08/2025: Empathy Towards Autistic People and Old Gadgets
Links for the day
Links 25/08/2025: Datacentres Versus Water Supplies and "The IPv6 Divide"
Links for the day
Links 25/08/2025: Data Breaches, Politics, and Financial Strain
Links for the day
GNU/Linux Distros Ought to Replace Firefox (and Firefox ESR) With Something Like LibreWolf
Perhaps it's come to replace Firefox
Father of Julian Assange Said the US Government Was Trying to Bankrupt WikiLeaks, Now the Assange Family Promotes Fake Currencies
Using the name for bad purposes?
Bailing Out GAFAM, Giving Taxpayers' Money to Failing Companies, and Trying to Outlaw Lawsuits Against Them
What would the late Lincoln have said?
Software Freedom Conservancy (SFC) Inc. Lost 2 Million Dollars Last Year and Its Chief Took a Salary Increase of Almost $6,000
Another year or two like this... and the SFC will be bankrupt [...] Hallmark of mismanagement
The "New Techrights" Turns Two Very Soon
Accomplishing something each year is what's important, not merely "finishing" another year
Gulf Nations Leave Microsoft Behind
How much lower will Microsoft stoop in an effort to raise money from oil-rich lenders?
How to Combat IRC Trolls (in Our Experience)
Today I want to share my experience (or knowledge) of how to deal with IRC trolls
The Register MS Needs to Stop Participating in the "Hey Hi" (AI) Hype, But It Gets Paid to Participate in This Hype
the publisher (The Register MS) wants to have it both ways
Gemini Links 24/08/2025: Living With Your Parents, Zürich Zoo, and Macondo
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 24, 2025
IRC logs for Sunday, August 24, 2025
Gemini Links 24/08/2025: Signal on OpenBSD and Keyboard Layouts Compared
Links for the day
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Links 24/08/2025: Microsoft Settles Data Breach Lawsuits and Climate Change Causes Heatwaves, Water Shortages
Links for the day
CachyOS is Rising Fast, But Slopfarms Are 'Googlebombing' It
CachyOS receives more media attention
No Reason for Red Hat Relief Yet (Layoff Rumours)
the execution could be stalled, delayed, or scheduled for some time after people come back from holiday
GNU/Linux 6%, Windows 60% in Venezuela, Suggests statCounter
The cash cows are dying
Mass Layoffs Continue at Microsoft This Month (Remaining Workers See Conditions That Deteriorate)
So far this month (one week remaining) we saw at least two waves of layoffs at Microsoft
How SPAM E-mails With Windows-Centric Files Get Twisted as Linux Threats, Then Slopfarms Spread the Word
Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
Links 24/08/2025: Heatwaves Threaten Workers, Maldives Versus Press freedom
Links for the day
Gemini Links 24/08/2025: Digital Cameras and Printers
Links for the day
Links 24/08/2025: GAFAM Lie About Pollution and Slop's Carbon Footprint, The Guardian Says Slop ("Hey Hi") is a Bubble That Will Send Stock Markets Into a Freefall
Links for the day
80% of the Sponsored (Fake) Articles in The Register MS Are Promotions of Ponzi Schemes (Unethical Money), the Rest is Banned Chinese Business
Is that an ethical way to make money? No.
The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025