Bonum Certa Men Certa

3,000 Posts About the European Patent Office and Why We'll Maintain Our Focus on It

Evolving and adapting to market needs

Adapting



Summary: The general or the widely-held (popular) views are changing as expectations from patents, in light of ruinous symptoms such as patent trolls, compel judges to adapt; Europe's adaptation (or ability to adapt), however, has been slow compared to counterparts'

LOOKING at our reference page (or index) for the European Patent Office, we're fast approaching 3,000 posts (about this subject alone). Our writings on this topic have had impact and earlier this week we were contacted by German academia. These matters are being watched closely as there's a legal as well as technical angle to it all. There are also economic aspects and António Campinos, considering his professional background in banking, will no doubt be aware of the financial ramifications. Patent systems cannot be presumed benign just because they grant lots and lots of patents, amassing a bunch of money in the process. The costs associated with these patents are passed outwards. Scholars have long studied these relationships between patents, innovation, and economics. It's not a simple topic.



What compels me to set aside American patent cases and focus on European affairs isn't my European nationality, residency etc. As I've explained towards the end of last year and again at the start of this year, the United States came to grips with the harms of software patents after courts had repeatedly ruled against these, starting with SCOTUS (decisions like Alice and Mayo as formulated or incorporated into 35 U.S.C. €§ 101) and then the Federal Circuit, the Patent Trial and Appeal Board (PTAB), examiners and petitions in the form of inter partes reviews (IPRs). Nowadays the U.S. Patent and Trademark Office (USPTO) and even the ITC cannot easily issue patents and sanctions. Presumption of infringement/guilt isn't quite there anymore as many patents and allegations are suspect by default; defendants rather than plaintiffs/accusers very often win cases, either for non-infringement or invalidity of the asserted patents. After writing nearly 10,000 articles and short posts about US patents I've decided to mostly monitor the situation and only return to it in case things take a turn for the worse (which is possible but not likely based on the past 2 months' court case outcomes).

"For Europe to have its own equivalents of Alice and Mayo the judiciary will need to enjoy independence from the Office, which measures its performance only in terms of money (or "products" to/from "customers")."It is, on the one hand, troubling to see how the EPO embraced patent maximalism. On the other hand, there's also growing opposition to it, even from insiders. This post from yesterday shows how patent maximalists such as Kevin E. Noonan (the lawsuits business) habitually advocate/promote patents on plants, life, genes/genetics. They fail to see just how irrational it is. They treat nature as though it was invented by (wo)man. That's false. It is a colonialist ideology that persists in the 21st century and gets sold to the public using propaganda terms (euphemisms like "intellectual property rights" where every single word is a deliberate lie).

Patent maximalism may be waning, but only after decades of unstoppable gains. It was a bubble all along. We take note of the fact that many blogs about patents have become inactive or barely active. It's very easy to demonstrate this statistically, albeit it would require some amount of work (like counting blog items in one's RSS reader). Things have gotten so bad for the maximalists that some have had to change jobs. Blowhards like Gene Queen changed careers after a couple of decades only to be entertained, as per this new press release from Anaqua, in some events where keynotes involve Watchtroll and EPO ("Thomas Bereuter, Programme Area Manager of Innovation Support at the European Patent Academy, European Patent Office (EPO)"). Watchtroll, the Web site, is becoming more and more like a ghost town, with the large majority of the posts receiving no comments (there are no sign-up barriers), the overall number of posts declining, and the editor stepping down/aside. It's not difficult to see the writings on the wall. We dare predict that the next major turnaround will be the demise of software patents in Europe as well as patents on life -- a couple of subjects we shall cover next (in separate posts). For Europe to have its own equivalents of Alice and Mayo the judiciary will need to enjoy independence from the Office, which measures its performance only in terms of money (or "products" to/from "customers").

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
 
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day