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

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day