Bonum Certa Men Certa

To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

This means that another shallow attempt to nail software patents onto Europe (through courts, not patent offices) may have failed for good

Joke



Summary: The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany

THE PAST few days have been rather quiet at the European Patent Office (EPO) and its staff union, SUEPO, which posted no updates for nearly a fortnight. There are still some documents being passed around, but nothing particularly interesting. We've been keeping an eye on those.



"The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on."Very much as expected, a flood of puff pieces about so-called 'results' (in respective countries and sectors) are being 'reported' on; we saw several dozens of puff pieces in the UK, Germany, Poland and so on (even composed in English in countries that don't speak English). Many articles made it seem like it's a corporate competition, e.g. "Siemens is the leader in European patent applications" and "Huawei drops to 2nd place in European patent filings in 2018". We don't wish to waste time on these because we responded on the same day these 'results' came out and promised to move on to other matters. A lot of these 'new' patents are software patents. The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on. Sounds innovative, right? And also vague enough to mislead already-overburdened examiners.

“The backlash isn't just European but international. Ethiopians, for instance, feel robbed.”IP Kat cited Watchtroll as a source about EPO 'results' in this morning's post which, as usual, lacks any criticism of the EPO. "The Kluwer Patent Blog reports on the results of the EPO's online user consultation concerning a procedural option for postponing examination of a European patent application," it said, ignoring all the negative posts from the same author. António Campinos is in charge now, so IP Kat must act as though everything is perfect (and even delete all comments sceptical of Campinos because that's just "rude"). These people may find it acceptable that the EPO ignores the rules, ignores the courts, ignores its founding document and routinely ignores international law. It might also find the corruption, abuses and suicides acceptable. What do they care as long as there are patent applications and lawsuits? That, after all, is their business. But the sinister ongoing affairs come at a great cost, not just to the UPC but to the EPO itself. Already, as we've routinely noted here, there is more backlash against fake patents (c/f Teffgate). The backlash isn't just European but international. Ethiopians, for instance, feel robbed.

Just before the weekend we saw this press release about intent to grant; pay attention to the fact that there was an opposition, the number of which soared in recent years. To quote:

Shield Therapeutics PLC (LON:STX) said the European Patent Office (EPO) has decided in favour of the company in relation to a patent for its lead product Feracru, an iron deficiency treatment.

The AIM-listed firm said that the decision, made by the EPO’s opposition division, related to patent #2 668 175, which covers a "Process for preparing an iron hydroxypyrone".


Are examiners feeling independent enough to reject a lot of patent applications without facing 'production'-related consequences? "Professional incompetence," as the Office likes to call it? The problem is that many software patents are also being granted; these just aren't being called that as words like "AI" better disguise the real nature.

Days ago José Santacroce (Moeller IP Advisors, Argentina) wrote in Mondaq about the Enlarged Board Of Appeal's case that can put an end to software patents, but can the Board rule on it independently, as per the EPC alone rather than fear? Santacroce wrote:

The invention disclosed in European patent application No. 03793825.5 (IPC: G06F17/50) relates to a computer-implemented method, computer program and apparatus for simulating the movement of a pedestrian crowd through an environment.

The main purpose of the simulation is its use in a process for designing a venue such as a railway station or a stadium. The application is based on the insight that human interaction can be expressed and simulated in the same way as interactions of physical objects.


It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms. Even patent maximalists have publicly admitted this. They worry.

“It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms.”And speaking of public admissions, Managing IP, a key proponent/advocate of the UPC (setting up pro-UPC events for the EPO and Team UPC), has just touched the subject of UPC and it's all humour. Charlotte Kilpatrick wrote about yet another UPC 'debate' and it went like this:

The speculation was mostly humorous with panellists and audience members doubting whether or not the UPC will ever come to fruition as a complaint against it is currently stuck in the German court system. Some on the panel speculated that the courts might be waiting for the fallout from Brexit before making any ruling.

Away from the UPC, Stephane Drouin, chief IP counsel at UCB, commented on how IP is vital to industrial strategy and that UCB is committed to staying in the UK even after Brexit. Clemens Heusch, head of European IP litigation at Nokia, said in a separate talk that how you litigate a patent dispute depends on the patent and the product. He commented that for a pharmaceutical product, companies would ideally fight in every jurisdiction. If you’re dealing with mobile phones with a portfolio of 20,000 families, however, you need to pick and choose your battles carefully.


They changed subject rather fast. There's not much to say about the UPC (it's hardly being mentioned anymore, even in new articles like "Brexit: Bracing for IP Changes"). The EPO never mentions it.

We have meanwhile taken note of today's ads from Patent Docs, with the usual propagandistic headlines/titles.

“If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization".”
      --Anonymous
Here's one titled "JMLS Program on Oil States v. Greene's Energy and Patents as Property Rights"; No, technically and legally patents are neither property nor rights.

How about patents on life disguised as “life science”, as in this ad?

In relation to the EPO they posted this some time in the morning. Notice how American patent lawyers (the litigation 'industry') speak as though they 'own' Europe and the UPC gets mentioned only once:

The Intellectual Property Law Association of Chicago (IPLAC) International Patent Committee will be presenting a program entitled "Practical and Strategic Guide to the European Patent System: From Filing to Grant, Validation, Unitary Patent and Other Options to Obtain Protection in Europe" on March 21, 2019 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in Chicago, IL. The program will provide an overview of the patenting options available in Europe (national vs. regional), the grant stage of a European Patent -- future options after grant (Unitary Patent or EP validation?), and efficient ways to obtain patent protection in Europe.


3 more lame "webinars" were advertised today -- ads that nowadays account for the majority of posts there. We used to tackle/debunk these more exhaustively/thoroughly, but it is no longer a priority.

"UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe."The matter of fact is that "[s]oftware patents are almost completely dead in the US," as one reader told us this morning. "I think a metaphorical stake and garlic are still needed to ensure they stay that way for the foreseeable future.

"If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization"."

UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe. That certainly has not worked.

Recent Techrights' Posts

IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
 
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day
Barbados: Significant Gains for GNU/Linux
over 5% if one counts ChromeOS as well
Very Shallow LLM Slop for IBM Disguised as Journalism About a "Plan to Train 5 Million Learners in India by 2030" (Unverified Figures With Very Distant Future Date/Year)
The Web has become somewhat of a laughing stock
'Linux' Foundation: The Foundation Has Almost Nothing to Do With Linux, It Just Misuses the Name "Linux"
Only a tiny portion of the Foundation's budget actually goes to Linux
Austria vs GAFAM
another win against GAFAM
Microsoft Has Purchased Another Linux Foundation Seat
From the latest (new) report
No Electronics, No Clocks, No Phones
We're meant to think that more gadgets will make life easier
Gemini Links 19/12/2025: Great Website Rebuild of 2025 and Running OpenBSD in a Hostile Environment
Links for the day
Google News Helps Slopfarms (What's Left of Them)
Lately we've noticed that nothing in the RSS feeds we follow is burping out slop
Links 19/12/2025: Privacy International's Reports and Russian Assets in EU
Links for the day
Today, The Register MS is Parroting Marketing Spam for Ponzi Scheme ("AI") in Exchange for Money
The Register MS should be held accountable when the bubble pops
Red Hat Senior Engineering Manager Leaves (or Gets Pushed Out by IBM) After Nearly 20 Years at the Company
The recent massive wave of IBM layoffs impacted Red Hat and so will the next (impending, Q1) wave
Why We Got Told by Insiders That Almost Everyone at EPO Reads Techrights and Many at IBM Track IBM RAs Via Techrights
In a nutshell, we cover topics almost no other site dares touch
IBM Research Shutting Down Labs, Lots of Workers Laid Off (Even Days Before Christmas in Devout Catholic Country)
Heartless, soulless company
Links 19/12/2025: Windows TCO in NHS, "Locked Out of Apple Account Due to Gift Card"
Links for the day
Nearly Three Months Have Passed Since EPO Cocainegate and the EPO's Management Still Refuses to Talk About It
But it's clearly aware of it
Richard Stallman Explains Why Software Patents Are Really Bad and Very Much Unnecessary
"The relationship between patents and products varies between the fields"
The Copycats of the FSF Have Serious Problems
If you care about Software Freedom, then support the real thing
Once Again, Just in Time for Christmas, UEFI and Its Boot System Turn Out to be a Giant Bug Door (Also a Microsoft Remote Kill Switch)
This industry - even academia - has been deeply compromised
In Activism and Journalism, If You're Ineffective They Ignore You, When You Become Effective They Stalk and Harass You, Failing That They Threaten You
"the Wikileaks effect"
Google Has Begun Linking to commandlinux.com in Google News, But It Seems to be a Slopfarm
This is not innovation, it's sloppiness, laziness, and a modern form of plagiarism
Microsoft Reportedly Tries to Cause Top-Level Managers to Resign If they Don't Participate in the Ponzi Scheme
Apparently even executives who don't play along are given marching orders
Microsoft, Over 120 Billion Dollars in Debt, Prepares Next Round of Mass Layoffs (After Christmas)
Microsoft is not managing to pay back its debt
Links 19/12/2025: Scam Altman Humiliates Self in Public, Climate Alarm Sounded, Egyptian Economist Convicted Over "Social Control Media Posts Critical of the Government"
Links for the day
You Can Get Work Done With Lean Software
obviously!
"The War on Privacy" is Real
"He Built a Privacy Tool. Now He’s Going to Prison."
The Cost of Being Influential
The "tech world" and its monopoly enforcer (patent system) are sleepwalking into autocracy
More Shutdowns and Layoffs at IBM
if someone covers correct but suppressed information, then people will make an effort to find it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 18, 2025
IRC logs for Thursday, December 18, 2025
EPO Violates Laws to Profit More From Invalid Patents, Then Cuts the Budget Allocated to Staff
taking away what was already promised to staff
Only a Few Examples of LLM Slop Found, Mostly via Google News
Is it fair to say that sites learned LLM slop does not offer any real value?