Bonum Certa Men Certa

IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

IBM explains that "HEY HI" (AI) helps applicants patent software where such patents are not actually legal

On shortcuts



Summary: The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO

THE European Patent Office's (EPO) President António Campinos, the chosen successor of Battistelli, continues to promote software patents in Europe. This is no laughing matter; what they do is illegal. We're not exaggerating. It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal. The damage is potentially enormous. It's difficult to measure because much of this is happening behind closed doors (e.g. secret settlements, like those IBM has plenty of). I've heard lots of stories, but there are NDAs.



"It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal."Where's the media? Where the Hell is the media? Why on Earth is nobody covering these things? Why do real journalists no longer write at sites such as those that specialise in patents? We used to know some. But they're gone. Did something happen? I've asked those whom I know. They don't want to talk about it, perhaps fearing retribution. We've been investigating in recent days why European (or EU-ropean) "news" sites no longer cover EPO corruption. I sent questions to people I knew, questions like "Why do you no longer write at [x]?"

"Did something happen?"

"Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely)."Several European (or EU-ropean) "news" are bribed by American billionaires (we know that much as they admitted it) and we have legitimate reasons to believe they demote or even fire people for covering crimes. That's just not good for attracting businesses, advertisers and so on. Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely). It hardly covers that at all anymore. Amplifiers of law firms dominate the media; their business model is just that. It's not really news, it's just marketing that looks like reporting. Look at last week's 'reports' about the EPO's 'festival' in Australia. Some sites literally copied press releases from the EPO and filed those under "news" or "articles" sections. How about this new one? It's rather frustrating to see. This morning I saw one company running a paid press release about being granted patents by patent offices not exactly renowned for quality (yes, EPO). I hardly find anything (anymore) about EPO scandals. One might be led to think that everything is suddenly rosy. SUEPO too is afraid to speak directly. IP Kat has become an utter joke (we wrote about it recently). What gives? As we pointed out over the weekend, World Intellectual Property Review (WIPR) had done lots of puff pieces recently about "hey hi" (AI), pushing software patents using these buzzwords. WIPR is like EPO PR. It used to cover EPO scandals, but not anymore. I can guess why, but I'm waiting for replies (if any). Here is the new EPO puff piece from WIPR. It's about its annual 'festival' that cost millions of euros per hour (they even pay for so-called 'journalists' to fly over).

"Amplifiers of law firms dominate the media; their business model is just that."Staying with WIPR for a moment, it has just done another "hey hi" article ("TPN Europe 2019: Keep software patents simple, says IBM lawyer"). Blue Bully IBM, which is buying Red Hat, is a pusher of algorithm monopolies in Europe (yes, Red Hat's stance on software patents is in trouble because lawyers from IBM will wipe it out). “With the EPO, it’s a lot clearer [and] a lot easier," IBM lawyers say. Some large European law firms too have publicly said (at events) that it's easier to get software patents at the EPO (than the USPTO and others). That's how bad things have become. To quote some portions:

According to Kevin Fournier, IP lawyer at IBM in the UK, when drafting a software patent application, the best means of assessing an idea or an invention was to show it to a software developer.

Speaking at Technology Patent Network Europe 2019, hosted by WIPR in London last Thursday, June 20, Fournier said that “if software developers are impressed by the invention, then you’re really on a winner”.

Outlining his approach to patent claim construction, Fournier said “the worst thing that you can possibly do is have a method claim that requires the action of three or four different entities”.

The IBM lawyer advocated for the single method patent claim as a useful tool for patent attorneys.

The more complex a claim and the more actors are involved, then an applicant has “more to prove; [it’s] another argument that you have to make,” Fournier said.

[...]

Commenting on the UK Intellectual Property Office’s approach, Fournier said that, in his experience, “the technical contribution seems to be interpreted more narrowly”.

“With the EPO, it’s a lot clearer [and] a lot easier, as long as you can show that the features that are critical to the invention are contributing to the technical effect,” he added.

Fournier also questioned Kennedy on his observations on emerging principles in AI patent drafting.


Notice that part about "hey hi" (AI); it's their favourite term these days. Benjamin Henrion has just found this tweet: "Una vez más, como experto en el Comité de Derecho de Patentes de @wipo #scp30 con interesantes documentos sobre "licencias obligatorias", "actividad inventiva en química" e "Inteligencia Artificial, IA" los dos últimos elaborados a propuesta de la @OEPM_es (IA con @INPIFrance) pic.twitter.com/LNeMgs7G5W"

"Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents."IA, AI... different languages, same nonsense. On "hey hi" he also noted "Coons and Tillis to restore US swpats: "we will investigate ways to sharpen the "field of technology" requirement to ensure that critical advances like AI and medical diagnostics qualify, but not economic transactions or social interactions" https://is.gd/elsynt" ("Cached here," he told me because of the paywall)

"Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense."Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents. As Henrion noted, linking to this page and new tweets, the EPO also still allows software patents which are disguised as hardware. To quote these vocal proponents of software patents in Europe: "Protecting a cryptographic computation against power attacks is considered a technical problem if, and only if, the computation is actually carried out on hardware and thus open to such attacks."

"Oh, wait," I responded, "I thought I was going to execute it with/on pen and paper. Software (patents) are "hardware" (patents) because machines can run programs?"

As we said at the start, nobody covers these very serious issues that will cost Europe billions in damages. Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense.

Recent Techrights' Posts

"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
 
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026