Bonum Certa Men Certa

An Office of Patent Extremists

Maximum volume of patents so that signal gets lost in the noise

Maximum volume



Summary: With maximal quantity of patents the litigation 'industry' hopes to start as many legal battles (or 'assertions') as possible, in effect taxing Europe rather than spurring innovation in it

LAST year every weekend was spent writing a great deal about 35 U.S.C. €§ 101/Alice (court cases in particular) and USPTO affairs. This year, seeing that EPO President António Campinos promotes software patents in Europe, we must turn almost all our attention to Europe. Patent maximalism is ruining the continent. Not only patents on mathematics are a symptom; there are also patents on life and nature. It's just insane. Last night Hanns-Juergen Grosse, partner with D Young & Co, had this post republished by a site of patent maximalists from the US, citing the EPC in relation to double patenting. To quote the gist of it (we covered this subject before):



The approach of the European Patent Office (EPO) to prohibition of double patenting is well established and may, at a first glance, also seem well founded.

Broadly speaking, the prohibition of double patenting is meant to mean that two patents cannot be granted to the same applicant for one invention (in the same jurisdiction). At a closer look, there is a plurality of facets, layers and aspects, producing an exhilarating spectrum of double patenting.

[...]

After the Examining Division decided to refuse European patent application EP 10 718 590.2 in accordance with the applicable Guidelines for Examination at the EPO (Guidelines), G IV, 5.4 under Art. 97(2) EPC in conjunction with Art. 125 EPC, allowing subordinate application of principles of procedural law generally recognised in the contracting states of the EPC, the applicant appealed the decision and auxiliary requested, as occasionally done, that the responsible Board of Appeal (BoA) refers a pivotal question to the Enlarged Board of Appeal (EBoA).

The BoA did not, as usually done, discard the idea of referring the question to the EBoA, but also helped to develop the applicant's question into a two-tier question, and decided at the end of oral proceedings held on 07 February 2019 in appeal case T 318/14 to refer a detailed set of questions to the EBoA.

[...]

For answers to the questions raised in T 318 /14, the EBoA may have to probe the real intentions of the legislators by going back to the archives and interpreting the Traveaux Préparatoires, the draft documents and minutes produced when the EPC was conceived back in the early 1970s.


Well, the EPC is already violated routinely, including against the Boards themselves.

We worry that the EPO nowadays measures everything in terms such as quantity of patents, never quality. It's distracting from it all by conflating quantity with quality -- a contradictory thing to be doing as one cancels the other (assuming a steady set of resources). We also know, based on leaks, that the EPO prioritises large businesses. It's all about size and quantity. Of course IAM has done a puff piece for the EUIPO and the EPO, based on their joint 'study' (which they sponsored to glorify themselves and portray themselves as small businesses' friends).

"The bottom line is, today's EPO and the likes who lobby the Office don't care about science, they just want lots of litigation, which necessitates and lot of patents, including low-quality (and invalid) ones."Again on Sunday this was brought up by IAM, summarised with: "A report by the EUIPO and EPO shows that SMEs which file for patents, trademarks and other IP rights are more likely to enjoy high growth and increasing incomes."

The EPO mentions "SMEs" several times a week; it's hoping to distract from its betrayal of SMEs. There's systematic discrimination against them. It's a serious credibility issue in a continent with so many SMEs. Does the EPO work for Huawei or for European SMEs? Does it protect monopolists or innovation?

Either way, it certainly seems like the EPO became a lost cause when the litigation 'industry' took it as hostage, putting in charge nontechnical people who rarely speak to or meet with scientists. It's like another Watchtroll, a site of patent extremists that lobbies the US and to a lesser extent Europe as well (and today's EPO gleefully associates with it!). During the weekend (June 1st) Watchtroll published something titled "A Proposal for Reforming the Current UK Patent Law System Post-Brexit" by Oskar Luong, who "is a law student at Heidelberg University, Germany" (his own description). He claims to know that programmers absolutely need patents and lobbies for software patents in another country. Never mind if he never wrote any software. That doesn't seem to matter to him. He just lobbies for software patents here in the UK (and no, he's not a programmer!) and speaks of "Post-Brexit" (as if Brexit is a certainty; it isn't). Typical Watchtroll, amplifier of parasites vandalising industries for legal fees. “The UK legislator should reconsider its current position" he wrote, "especially vis-à-vis computer programs, which are of paramount importance in today’s business world.”

This logic is illogical. Many businesses use software, hence we need patents?

Many people also breathe air, so let's start patenting air and lawyers will tell us all how much we 'owe' them. Right?

The rest speaks of a “technical contribution” or a “technical effect” -- the usual nonsense that the EPO uses to bypass if not grossly violate the EPC. The EPO has been trying to do the same thing (to spread software patents everywhere in the world) while British courts keep telling it off.

The bottom line is, today's EPO and the likes who lobby the Office don't care about science, they just want lots of litigation, which necessitates and lot of patents, including low-quality (and invalid) ones.

Recent Techrights' Posts

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
 
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
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