Bonum Certa Men Certa

Software Patents Are in a Freefall in Courts Worldwide, But the EPO Keeps Granting and Promoting These

A couple of days ago: How Long Can the EPO Bend the Rules Before the Avalanche of Invalid Software Patents?

Freefall



Summary: Courts are tearing down abstract patents, but this has neither deterred nor discouraged António Campinos from coming up with new buzzwords and acronyms by which to promote these and grant these to applicants

THE subject of software patents in Europe truly re-emerged when António Campinos took over the EPO because under his leadership the EPO constantly promotes these (even more so than Battistelli). This is troubling as it shows that when it comes to patent scope the sheer disregard for the law is prevalent if not growing

.

We try hard not to invest any more time covering US affairs, knowing that software patents are more or less demolished there. Benjamin Henrion has just noted: "The USPTO's "restore software patents" examination guidelines which they request comments does not even mention the Alice decision..."

The USPTO merely "disgraces itself," I've told him, and this "will upset US judges. Iancu is to the USPTO what Trump is to the Constitution and Ajit Pai is to FCC."

No matter what Iancu (or the Office does), the Federal Circuit does not agree with him and there's a growing number of inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB), typically invaliding software patents at an alarming rate (thousands per year perhaps; almost as many as annual patent lawsuits). American patent maximalists continue to cherry-pick decisions on mere patent applications as if these are triumphs. The latest example is this: "Visa Finally Wins One. The PTAB Reversed an Examiner’s 101 Rejection of Claims for an Authentication Analysis System..."

It merely "won" a patent, but courts have not even actually decided on it yet. What matters is what the courts -- not the Office -- decide. The Office is no jackpot.

There's meanwhile this rumour about a court that tolerates software patents and trolls: "Apple to close all (2) of its stores in the Eastern District of Texas, allegedly to avoid being sued there for #patent infringement; #SupremeCourt recently limited venue to districts where US companies incorporate or have a "regular and established place of business"..."

This is exactly what we've said, many times in fact, would eventually happen. There's another new outcome related to this when it comes to Google, but we no longer cover patent cases in the US (it's too time-consuming a thing).

It's also noteworthy, as per this paper and new blog post from Kevin E. Noonan (Patent Docs, hardly active anymore) that the former chief patent counsel of GlaxoSmithKline now blasts SCOTUS over 35 U.S.C. €§ 101 (Mayo/Alice). She made millions of dollars attacking generics and such; now she attacks judges/courts. Stay classy, Sherry..

In Noonan's words: "Sherry Knowles, former chief patent counsel of GlaxoSmithKline, and Dr. Anthony Prosser, a member of her team at Knowles Intellectual Strategies LLC, have written an article recently published in The John Marshall Review of Intellectual Property Law entitled "Unconstitutional Application of 35 U.S.C. 101 by the U.S. Supreme Court." The authors' thesis is stark: that the Supreme Court has improperly (and unconstitutionally) arrogated to itself a definition of patent eligibility that is inconsistent with over 200 years of statutory law enacted by Congress under its Article I powers."

At least her affiliation has given away her bias. We'll cover patents on life in the next post, as the EPO continues to promote these. But how long before we have a 'European Alice' and 'European Mayo'?

That brings us back to the EPO's approach towards software patents. It has just promoted software patents yet again, but it paints these as "medical" and "for SMEs" (the usual). This is the fourth such tweet in about a week. The patterns are more or less the same. At least it has quit the "AI", "blockchain" and "4IR" buzzwords/buzz-phrases/acronyms for a few days (different/misunderstood terms, just like "CII", dodging controversial terms like "software patents"). ⬆

Comments

Recent Techrights' Posts

The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
 
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women