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

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
 
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
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