Bonum Certa Men Certa

EFF Should Also Speak About the EPO Granting Software Patents Against the Law

Related: USPTO and EPO Openly Brag About Breaking the (Case)Law to Grant Software Patents That Courts Would Reject, Even the Very Highest Courts

Software patents and AI patents



Summary: While it's commendable and very much appreciated that the EFF opposes software patents in the US, it has truly missed the boat, which is the crossing of the Atlantic by EPO practices, reframing software patents as something they're not (or mindless buzzwords)

THE ABOVE-MENTIONED article already took note of similiarities if not overlaps in the way the main system in Europe and in the sole one in the US generally bypass the law itself. We continue to worry that the EFF ignores European Patent Office (EPO) abuse by António Campinos and Benoît Battistelli -- abuse which includes illegal granting of software patents in Europe. They only care about copyright policy in Europe while pocketing Google money. That money comes from surveillance -- something the EFF proclaims to be against and which emboldens EFF critics. Inquisitive readers can find more rants about this in yesterday's IRC logs.



"They only care about copyright policy in Europe while pocketing Google money."We're generally thankful for the EFF; it has just published, if not weeks belatedly, this blog post about misguided 35 U.S.C. €§ 101 guidance, designed to overcome Alice (SCOTUS) rather than integrate it into common practice. In the EFF's own words: (it was included in Daily Links already)

In 2014, the Supreme Court decided the landmark Alice v. CLS Bank case. The Court held generic computers, performing generic computer functions, can’t make something eligible for patent protection. That shouldn’t be controversial, but it took Alice to make this important limitation on patent-eligibility crystal clear.

Last year, the Patent Office decided to work around that decision, so that the door to bogus software patents could swing open once again. The office issued new guidance telling its examiners how to avoid applying Alice. In response to that proposal, more than 1,500 of you told the Patent Office to re-consider its guidance to make sure that granted patents are limited to those that are eligible for protection under Alice. Unfortunately, the Patent Office wouldn’t do it. The office and its director, Andre Iancu, refused to adapt its guidance to match the law, even when so many members of the public demanded it.



As we said at the start of last year, this won't change how courts deal with such patents, but how many people and companies can afford a legal battle? This especially harms individuals and small businesses. To them, spending millions of dollars on one single lawsuit makes no sense at all. So they might instead settle over patent threats which they know to be bogus, baseless, and outright frivolous.

"They redefined "certainty" in the same way EPO redefined "quality" (to mean the opposite of it)."We've thankfully seen some supportive feedback about the EFF's post. The CCIA said: "The Patent Office is promoting certainty in getting patents at the expense of making issued patents far less certain, with negative impacts on manufacturers and patent owners alike."

There's also a blog post about it (among several others) in our Daily Links.

The EFF tweeted that USPTO "should follow Supreme Court rulings, but the office's own data show that it's avoiding them to issue more patents."

They redefined "certainty" in the same way EPO redefined "quality" (to mean the opposite of it).

Why does the USPTO do this?

"The EFF does get involved in European politics and even Latin-American politics when the EFF's paymasters request that. How many times did it write about copyright law in Europe? Like a hundred times? Yet nothing (ever) about patents...""Because it can," said Jan Wildeboer from Red Hat/IBM (he was a campaigner against software patents in Europe before Red Hat hired him). "The USPTO and other patent offices around the world have granted patents on a lot of things that shouldn’t deserve a 20 year monopoly."

"USPTO is ignoring Alice, Iancu has reopened the floodgates of software patents," Benjamin Henrion said before shaming Wildeboer into leaving IBM in protest, noting that IBM played a big if not the biggest role in lobbying for what Iancu did. Our general position is that Wildeboer can perhaps persuade the former Red Hat CEO, now a President at IBM, to change IBM's patent policy. Time will tell if that can happen...

From what we've heard from Wildeboer, he is at least trying.

It would be counterproductive to shame the EFF and Wildeboer, knowing that they're generally on our side. But we shall continue asking -- as we have politely done for a long time -- why the EFF refuses to comment on EPO matters. The EFF does get involved in European politics and even Latin-American politics when the EFF's paymasters request that. How many times did it write about copyright law in Europe? Like a hundred times? Yet nothing (ever) about patents...

Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
 
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs