Bonum Certa Men Certa

The American Patent Microcosm Models Its Lobbying for Software Patents Based on the EPO's Ongoing Violations of the EPC

The "Evil Cows" meme seems appropriate

Evil Cows



Summary: There are worldwide consequences to the EPO's gross violations of the very rules that govern its existence; the patent zealots who profit from misuse/abuse of the patent system couldn't care any less (in fact they cheer for that)

THE António Campinos-run European Patent Office (EPO) continues to grant software patents in Europe, apparently more easily than even the U.S. Patent and Trademark Office (USPTO) grants them. So say various law firms, facing the 'woes' (to them) of 35 U.S.C. €§ 101/Alice (SCOTUS).



"Various high-profile sites also regard/consider Watchtroll a "troll" (not just lobby for patent trolls) and perceive the site as too intellectually-dishonest to even link to; but apparently with Team Battistelli and Iancu it's absolutely fine."The Federal Circuit, citing SCOTUS, does not care what Andrei Iancu says about 35 U.S.C. €§ 101. He's not a judge, but he attacks tribunals such as the Patent Trial and Appeal Board (PTAB) because of inter partes reviews (IPRs). It is very reminiscent of what Battistelli did 5 years ago. PTAB has been besieged (chief judge removed) and together with the litigation lobby -- people like David Boundy [1, 2] -- Iancu tries to discredit PTAB as a whole. Patently-O linked to this newly-revised paper from AIPLA Quarterly Journal a couple of hours ago. This one too is from Boundy.

"Recently (as recently as a week ago) Watchtroll did a series with the EPO which calls for software patenting and suggests ways to make that easier."Iancu nowadays does to the rule of law what the EPO did to the EPC. In Watchtroll he and EPO officials have recently given 'interviews'. For those who don't know, Watchtroll is as radical as one can get in the patent sphere -- it's the only site we refuse to even link to because of its radical views. It's attacking judges, politicians and officials who care about science as opposed to patent trolls and litigators. Various high-profile sites also regard/consider Watchtroll a "troll" (not just lobby for patent trolls) and perceive the site as too intellectually-dishonest to even link to; but apparently with Team Battistelli and Iancu it's absolutely fine.

Recently (as recently as a week ago) Watchtroll did a series with the EPO which calls for software patenting and suggests ways to make that easier. Some hours ago Michael Borella, a proponent of software patents (he doesn't develop software, he's in the litigation 'industry'), wrote about how EPO (mal)practices help the USPTO find excuses to grant abstract patents in defiance of Alice. To quote:

On July 1, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) designated four of its recent 35 U.S.C. €§ 101 decisions as informative. Each of these decisions came down after and applied the USPTO's 2019 Revised Patent Subject Matter Eligibility Guidance. Two resulted in claims being found eligible, and two had the opposite outcome. While not binding on other PTAB panels or examiners, these cases are helpful in understanding how the PTAB is applying the Guidance. In particular, the PTAB appears to be utilizing the Guidance in a fashion that is similar to how the subject matter eligibility inquiry is employed in the European Patent Office and certain other jurisdictions -- as consideration of whether the claimed invention is a technical solution to a technical problem.

[...]

There are a few lines of reasoning running through these four cases that are worth pointing out. For the two that were found meet the requirements of €§ 101, the claims therein are narrowly focused and provide a technical solution to a technical problem. For each, the technical problem and technical solution were described in the specification, and explicitly reflected in the claim language. On the other hand, for the two cases that failed the Alice test, the PTAB specifically stated that the claims were not addressing technical problems, and were broadly drafted.

This suggests that the PTAB may be following a variant of the European view that eligible subject matter must be directed to a technical solution to a technical problem. If so, that is problematic because there is no requirement in U.S. patent law that €§ 101 be applied so rigidly. In fact, the Federal Circuit found the claims in DDR Holdings v. Hotels.com to be eligible despite their being focused on a technical solution to a business (non-technical) problem.


This just comes to show how connected things are; EPO corruption is actively being exploited in another continent to harm software developers, bypass the courts, and help patent trolls.

"They break the rules and hope that buzzwords can help to obscure their illegal agenda."As we mentioned the other day, IAM also paid some lip service to this agenda when it painted software patents as "blockchain" patents and hours ago blockchain enthusiasts linked to that; those are fake patents or abstract patents riding hype waves and exploiting officials whose sole objective is granting as many patents as possible. To quote:

South Korea has the highest blockchain patent grant rate, according to London-based law firm Withers & Rogers. Meanwhile, Japan comes at a distant second, intellectual property business media platform IAM reports on July 23.


It was actually the EPO, not the USPTO, which organised a whole event (with an American patent troll on the panel) to advance software patents under the guise of "blockchain". It had done the same thing with "hey hi" (AI) -- just as the EPO did with Watchtroll last week. They break the rules and hope that buzzwords can help to obscure their illegal agenda.

Recent Techrights' Posts

Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Omarchy is Already Dying
Same as the life cycle of slopfarms
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026