Bonum Certa Men Certa

Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

The European Patent Office keeps spitting on the laws which govern it (EPC)

Illegal spit



Summary: Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)

35 U.S.C. €§ 101 at the U.S. Patent and Trademark Office (USPTO) and the EPC at the European Patent Office (EPO) ought to have prevented all sorts of crazy abstract patents or patents on things in nature; but António Campinos follows Battistelli's footsteps and only ever strives to increase so-called 'production' as measured by things like number of patents granted. This means that bogus European Patents are being granted.



“Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal...”
      --Benjamin Henrion
In response to something we wrote some days ago about Koch v EPO [1, 2, 3, 4] Benjamin Henrion of FFII joked about the FCC (Germany's Constitutional Court): "Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal..."



Given that the EPO already grants lots of software patents in Europe, one wonders if the EPO is bound by the EPC and Europe's political system. As recently as days ago the EPO mentioned Fröhlich, a booster of illegal software patents. "Michael Fröhlich," it said, "our Director European & International Legal Affairs, PCT, will be talking about the most efficient filing strategies at this event. It's being held in various European cities..."

Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents. We've mentioned Fröhlich several times over the years, e.g. in relation to "blockchain" patents.

"Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents."Lawlessness isn't limited to the EPO itself. As we've shown here many times before, it extends to ILO -- a subject we shall revisit some other day. They hide the lawlessness using all sorts of legal maneuvering. It would be good for all EPO staff to become familiar with these tricks. As Henrion put it just before the weekend: "Software patents are excluded from the EPC art52, but the EPO grants them anyway. And even if this case makes jurisprudence in Belgium on that topic, the EPO will ignore it and continue to pollute the market with those pesky patents."

Henrion also took note of some more propaganda from Bardehle Pagenberg; they constantly promote these illegal patents -- something they try to specialise in. Here's Bardehle Pagenberg's Bastian Best pushing their sales pitch into hubs right now. So does Kilburn & Strode LLP, which we wrote about earlier today (same hubs).

"Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them "AI" or whatever."Misleading headlines can now be found in Lexology (original here by Kilburn & Strode LLP's Thomas Hamer and Matthew Woodhill). It's a marketing piece by which they try to advance/push fake patents into Europe (where these patent are illegal), riding hype waves and buzzwords such as "AI". To quote: "A recent report by the Interactive Software Federation of Europe (ISFE) puts the 2018 market size for the video game industry in Europe at €21bn, with a year-on-year growth of 15%. It’s therefore no wonder that the biggest players in the industry want to protect the next generation of hand-held controllers, software and consoles. By looking at publication and grant data for applications at the EPO over the last 10 years, we can observe the technological trends in this time and try to predict what the future might have in store for gamers. [...] The third patent trend: using AI and machine learning (ML) to dynamically improve gameplay."

Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them "AI" or whatever. Surely they know this, but they just don't care. Neither does the EPO, whose management actively encourages applicants to call all sorts of things "AI" and then pressures examiners to grant.

Recent Techrights' Posts

Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
 
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
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
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock