Bonum Certa Men Certa

The European Patent Office's Relationship With Licensing Executives Society International (LESI) Shows Whose Interests Today's Management Really Serves

EPO Licensing Executives Society International (LESI)Summary: The top-level management of the European Patent Office (EPO) -- António Campinos just like his predecessor -- does not care about the advancement of science but the advancement of litigation agenda by all means available, even software patents in Europe

THE CURRENT Director of the U.S. Patent and Trademark Office (USPTO) comes from the litigation industry, so it's hardly surprising that he opposes 35 U.S.C. €§ 101. He's supposed to follow the law, not decide on the law, but just like in the EPO what we're seeing these days is a bunch of managers who spit on the law (disregarding if not attacking judges), ignore courts, and strive for nothing but patent maximalism. This is a crisis.



Yesterday the EPO wrote: "Do you know what the right IP strategy is for your business & for the industry you are active in?"

"We have sadly come to a point where the EPO is very blatantly and shamelessly on the side of parasites, not science. The EPO has sided with people who prey on scientists instead of the scientists themselves."This is about the Licensing Executives Society International (LESI), or just LES, which is a front group of patent trolls. These are not scientists, so what kind of inspiration can they offer to real businesses as opposed to parasites with a patent or two?

We have sadly come to a point where the EPO is very blatantly and shamelessly on the side of parasites, not science. The EPO has sided with people who prey on scientists instead of the scientists themselves.

Look no further than the EPO's stance on software patents. What proportion of programmers want such patents to exist? 1%? Less?

"Look no further than the EPO's stance on software patents. What proportion of programmers want such patents to exist? 1%? Less?"Benjamin Henrion has just recalled Chirac's stance on software patents [1, 2, 3], due to the news about Chirac's death. It's a reminder that he lasted 12 years in power and became an iconic personality in France (Henrion is a French-speaking Belgian). Henrion also recalled Chiraq's betrayal. Initially, as a campaign promise, he sided with software developers.

Yesterday we saw this new article from Phillips & Leigh. It's about an upcoming EPO case regarding software patents. The authors went ahead with an intentionally wrong question. They should have instead asked, "are software patents legal in Europe and can EPO grant them?" The answer is "NO!"

But here's how they put it:

We have previously brought attention to a recent referral to the European Patent Office's Enlarged Board of Appeal concerning the question of whether a computer-implemented simulation of a technical system or process could be patentable in and of itself, provided that the simulation could give rise to a technical effect above and beyond the simulation's implementation on a computer.

The President of the European Patent Office has now submitted comments on the referral to the Enlarged Board of Appeal. The comments represent an interesting set of arguments broadly in support of the notion that such a simulation could at least in principle be patentable. Rather than rehashing the full comments here, we consider it more broadly informative to take a close look at its summary.

First, it is evident both from the summary and the comments as a whole that the Office's arguments are based on the idea that the statutory exclusions from patentability in the European Patent Convention should be interpreted narrowly, and that a "dynamic understanding" should be applied to the terms "technical" and "technology".

[...]

The other major point made in the summary is that it shows the suitability of the EPO's established problem-and-solution approach for assessing patentability (specifically, it is a method of assessing inventive step, one of the essential prerequisites of patentability) and argues that this provides a reasonable way to assess such inventions.

What is clear from the case law and the requirements of the European Patent Convention and Implementing Regulations is that to secure grant, two conditions must be met: the product or process to be protected must be defined in the claim by means of its technical features, and there must be a technical effect.

The essence of the case before the Enlarged Board of Appeal is whether that technical effect needs to be the direct consequence of the claimed invention, or can be "downstream".



As we've explained here before (perhaps a dozen times), the Enlarged Board of Appeal is pretty powerless to decide against the wishes of the Office (management openly supports software patents) because it lacks independence. It's not a 'safe' career choice to oppose software patents in such a panel. So we probably need the EU Parliament to intervene again (as it recently did regarding the question of patents on plants and seeds).

"As we've explained here before (perhaps a dozen times), the Enlarged Board of Appeal is pretty powerless to decide against the wishes of the Office (management openly supports software patents) because it lacks independence."Henrion has taken note of this "new entry in the EUROPEAN SOFTWARE PATENTS knowledge base," which demonstrates how certain software patents are not valid in Europe. So says the advice from the biggest boosters of software patents in Europe (a litigation firm; "They recruited one the EPO swpat booster," Henrion told me, "who invented the technical blackhole.").

We had a little debate about it in Twitter.

"Technical effects in patent law are a farce," wrote André Rebentisch, who used to be hyper-active in FFII over a decade ago.

"Software patents have long been a good example where EPO management intentionally ignores the wishes of actual software practitioners, choosing instead the agenda of trolls and litigation firms that never wrote any software.""It's intentionally vague," I replied, "like "4IR", "IoT", and "HEY HI" (AI), so we're dealing with nonsensical semantics and buzzwords instead of solid science, code, automatons..."

"The recent AI discussion is ever more off," he said, citing this page from the EU. "As an observer I would guess that the rlatest EBoA design simulation case aims to pave the way for ML patent applications..."

Software patents have long been a good example where EPO management intentionally ignores the wishes of actual software practitioners, choosing instead the agenda of trolls and litigation firms that never wrote any software.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
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
"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
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
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
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