Bonum Certa Men Certa

The EPO is Still a Software Patents Propaganda Machine and Thus an Enemy of Software Developers in Europe

Speaking as a software developer myself...

Guerra al Capitol



Summary: What today's EPO boils down to is a boil on the face of programmers because it lacks the tact to even shallowly hide its eagerness to grant patents on algorithms in defiance of everything from common sense to law and caselaw

IT IS hardly a secret that the European Patent Office (EPO) nowadays works for patent trolls and massive companies, so half a dozen times week it must pretend that it exists "for SMEs" (here is an example from yesterday; there was another one earlier today and we'll say more about that in our next post). Unlike the U.S. Patent and Trademark Office (USPTO), the EPO cannot be sued and it effectively operates outside the law, so who can put an end to injustices? Apparently nobody. And nothing. Not even the highest court next to a bunch of international courts on Dutch territories. What is going on? How can Battistelli and Campinos keep promoting software patents in Europe even though courts, Parliament, the public and so on all oppose that? Therein lies one problem among many with the EPO. Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers.



"Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers."Cutting straight to the chase, this post is an outline of new examples of the EPO promoting software patents. Of course they cleverly dodge this term, as does the USPTO. Mark Nowotarski, over at Watchtroll (combative pro-software patents site), published the following headline this week: "AI Patents Make a Comeback at USPTO, Finance Patents Are Still Struggling"

Familiar? They too misuse the term "AI", just like the EPO. He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts.

Decline in quality of European Patents is a real thing. It's a thing. It's real! Earlier today I reread the latest nonsense from Campinos, in which he made up some laughable claims of improvement in quality; he didn't even name the methods. Nothing. Some very precise number was named without anything to back that up. Nothing.

Here comes Battistelli's French 'economist', who has been promoting software patents under the guise of "4IR", even in the Gazette. This is what the EPO said about him today: "Yann Meniere, chief economist of the ⁦ @EPOorg⁩, delivering the opening keynote of today’s #IPBCEurope in front of a sell-out crowd in Paris. pic.twitter.com/NqpvBIPbmo"

"He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts."And yesterday the EPO wrote the following about him (see image): "China and the Republic of Korea are growing particularly strongly in ICT-related patent applications at the EPO."

Well, "ICT-related patent applications" are just software patents that the EPO's examiners must not grant if they follow the EPC rather than their management (which flagrantly violates the EPC). So the supposed growth is faked.

The EPO has also just named "medtech" again, in relation to a conference that promotes software patents as "medical" and "for SMEs" (we wrote about it many times before). The EPO asked: Which #medtech inventions can be patented and what are some effective IP strategies to optimise their commercialisation? We'll be discussing that and more here: https://bit.ly/2E5l03D" (the link makes it abundantly clear that algorithms are involved).

"These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision."Meanwhile (also today) Watchtroll has advertised a new "webinar" that promotes software patent in Europe by calling these "Computer Implemented Inventions"; behind the stunt there's a familiar large law firm -- one we wrote about many times before -- and this is their abstract: "Under EPO practice considerations for what is technical and what is not technical are intrinsically bound up with assessment of inventive step: the problem to be solved must be technical and only technical features can contribute to inventive step. In addition, the Boards of Appeal have on occasion attributed a high level of skill to the person skilled in the art in the field of computer science. In this webinar, we will discuss the latest EPO case law on separating the technical from the non-technical and inventive step issues arising in specific areas of technology, such as machine learning and simulation."

As Benjamin Henrion noted, this is their agenda:

* The “notional business person” and her role in examining claims * Effective arguments for inventive step * Machine learning inventions * Inventions using blockchains or distributed ledgers * Simulation and modelling, including the recent referral to the Enlarged Board of Appeal

We wrote about that last item about half a dozen times this month. Will all software patents be voided? Not likely due to lack of independence and thus deficient impartiality.

EPO management controls everything, even judges.

These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision. The EPO is actively liaising with people who attack judges whose rulings are prohibitive (e.g. on software patents). When it comes to assessing patent quality, the EPO bribes publishers like IAM and then cites IAM 'studies' or 'surveys' that celebrate EPO 'quality'. This is what the EPO has become. Is it broken and corrupt beyond repair?

Recent Techrights' Posts

New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
 
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025