Bonum Certa Men Certa

Marks & Clerk Reveals That António Campinos, With Zero Experience in Software, is Lobbying Judges (Who Are Supposed to be Independent But Are Actually Controlled by Him) to Open the Floodgates to Illegal Software Patents

Is it Campinos v BoA G 1/19?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Summary: There seems to be no improvement when it comes to the autonomy of judges at the EPO; the 'king' of EPOnia does everything by decree, but it's more or less disguised as an extensive legal process (see G 2/19)

THE EPO became so bad at or uncaring about patent quality that it became more lenient than even the USPTO (home of software patents) when it comes to granting software patents. Marks & Clerk, a large law firm, said so publicly.



"...we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be."Putting aside yet more fluff/propaganda sourced from the EPO (e.g. "Report [sic] Reveals UK at the Forefront of 3D Printing" from 3D Printing Progress; there's more in languages other than English*), we've just found an article by Lara Sibley (Marks & Clerk), on behalf of software patents boosters. It is about a hearing to which one had to sign up (register) in advance. It was published in Mondaq on Friday (two days after the said hearing). As a reminder, António Campinos is already meddling in the case, pushing for an outcome that favours software patents in Europe, because just like Benoît Battistelli he doesn't believe these judges have independence and EPC is just some 'nuisance' to be bypassed, not something to be respected.

"A pending case (G 1/19) relating to computer implemented simulation has been referred to the Enlarged Board of Appeal," Sibley wrote. "The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally."

This is why it can become an Alice-like test for Europe. Here are bits of the article with our comments added in yellow:

Computer simulations are widely used in the development of new products. Often simulations can have significant real world impact - much of the response to the ongoing coronavirus pandemic for example has been driven by detailed simulations of the impact on transmission rates of differing policy approaches [here we go again; opportunistic exploitation of COVID-19 by patent maximalists; this case predates COVID-19]. As with other software-based innovation however, patent claims directed to methods of simulation, design or modelling generally comprise features which in Europe are considered to fall under the category of mathematical methods [because that's just what it is; statistics and predictions based upon statistics].

A pending case (G 1/19) relating to computer implemented simulation ["computer implemented" just means software, but they make it sound fancier and physical] has been referred to the Enlarged Board of Appeal. The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally. A hearing was held for G 1/19 on 15 July 2020. The background to this case, together with an overview of the hearing, is presented below.

[...]

Turning to the details of the case, G 1/19 concerns a computer-implemented method [read: algorithm] of modelling pedestrian crowd movement in an environment that includes the simulating of movement of a plurality of pedestrians through the environment.

The appellant submitted that the invention produced a technical effect in the form of "a more accurate simulation of crowd movement". As to the technicality of simulating crowd movement, the appellant argued that simulating the movement of pedestrians yielded results which were no different from those obtained by modelling an electron using numerical methods. [Classic software patent]

The Board of Appeal was not convinced that numerically calculating the trajectory of an object as determined by the laws of physics is in itself a technical task producing a technical effect. In the Board of Appeal's view, a technical effect requires, at a minimum, a direct link with physical reality, such as a change in or a measurement of a physical entity. [Sounds like they're preconditioned/warm to the view that this is abstract, as per the US (case)law]

However, the EPO Guidelines for Examination refer to an important case (T 1227/05) where the Board of Appeal allowed a claim to a numerical simulation of a noise affected circuit. [Under whose administration?]

[...]

The referred questions 1 to 3 were then considered in order. The submissions concerning Question 1 were the most extensive, with some of these submissions also being referred to during the discussion of the later questions.

As regards Question 1, the meaning of a computer-implemented simulation "as such" was discussed. [Back we go to Brimelow's "as such"; it is quite meaningless and in India it's "per se"] The questions i) to v) posed by the Enlarged Board in their communication of 22 June 2020 (and summarised in the section above) were then considered. On question i), the appellant and the representatives of the President both made submissions that the "COMVIK case law" was suitable for the examination of computer-implemented simulations. During the discussion of potential and virtual technical effects in relation to question ii), various hypothetical examples were put forward by the representatives of the President, including that of a virtual wind tunnel, in which a virtual technical effect could solve the same technical problem as a real technical effect. On question iii), the appellant and the representatives of the President also both put forward submissions that a feature relating to a "non-invention" (such as a mental act) can still contribute to technical character in the context of a claim to a solution to a technical problem [Notice meddling by the Office, on behalf of patent maximalists]. Concerning question iv), and consideration of the purpose of the simulation, the appellant raised an intermediate example, lying between the case where a claim specifies simulation of an undefined "technical system" and the case where a claim specifies a very specific technical purpose (for example, simulation of a circuit subject to 1/f noise, as specified in T 1227/05). In relation to question v), it was submitted by the appellant that in the present case, the simulation of human behaviour is used to control a technical system, in particular the simulation can be used to improve the building structure. The representatives of the President also put forward the view that a technical contribution could still be present in certain circumstances, even where the simulation models human behaviour. Simulations used in the field of self-driving cars were put forward as an example here. [Very weak arguments from the President, who never wrote a single computer program in his whole life]

[...]

Once issued, the decision in G 1/19 may have a significant impact not just on patenting of simulations but also on the patenting of software at the EPO more generally, depending on the response and reasoning of the Enlarged Board. Encouragingly, [for this author's litigation giant] the EPO President's response to the questions are in favour of maintaining the patentability of simulations without, for example, requiring a direct link with physical reality, and expressed the view that it is sufficient the simulation method reflects, at least in part, technical principles underlying the simulated system or process. However, the Enlarged Board is not bound in any way by the President's comments and will reach its own conclusions. [Nonsense! You clearly are in denial, perhaps out of convenience, about the Office's abuse of these judges and there may be consequences for ruling the 'wrong' way.]


The outcome will likely be known later this year; we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be. ____ * As we noted before, we'd rather not spend too much time obsessing over this misuse of shallow journalists who think their job is to just amplify for PR departments of corporations and organisations (the "easy job"; no fact-checking needed, no real understanding or investigation of the underlying issues). Judging by sentences like "European inventors and businesses accounted for almost half of all AM patent applications filed with the EPO in the period from 2010 to 2018," among others, we can tell they put no effort into actual journalism. They just reprint 'prepared' sentences from the EPO's PR department.

Recent Techrights' Posts

Tesla's Debt More Than Doubled in 2 Years and the Company Will Operate in the Red (at a Loss) Quite Soon
If your first-quarter net income is $409 million and you borrow billions from banks, plus interest to pay on those loans, then you're not far from returning to losses
Microsoft and Windows Have Many Back Doors, But LLM Slop Keep Claiming That Linux Has "Backdoor"
It's another example of LLM slop as FUD amplifier, via slopfarms as well
 
Links 05/08/2025: Samsung and Microsoft Layoffs
Links for the day
Rumours of Mass Layoffs at Red Hat Next Week (August 11th, 2025)
The eleventh means next Monday
IBM is Shutting Down (Piecewise)
IBM is basically being liquidated
The Debian Language Police Department (PD)
"there has never been complaints about anyone that was offended by this -off package"
When The Register MS Says "Linux Backdoor" It Actually Talks About Malware
The leading story in The Register US/MS this morning is Microsoft
Microsoft Windows Fell to 19% "Market Share" in Montenegro
Microsoft must be well aware of this trend
Why We Also Include Gopher Links in Our Gemini (Protocol) Links
There are still many people who use Gopher to relay their messages (like blog posts). They're mostly technical people.
Shouting is an Indication of a Lack of Convincing Argument
Beware what they are attempting to distract from
Mongolia: Microsoft Windows at All-Time Low
in 2009 when Windows was at 99.45% in Mongolia the company was "worth" less than 200 billion dollars
About a Quarter of Today's "linux" News in Google News Came From One Domain and It's a Slopfarm
Not kidding!
Gemini Links 05/08/2025: Zombie Threat and Switching to NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 04, 2025
IRC logs for Monday, August 04, 2025
ChatGPT in Trouble
Watch out for the newer buzzwords
The Register MS Links to the Wrong statCounter Page
They link to older data
Dr. Andy Farnell Explains How Google Turned From "Librarian" Into "Oracle", Telling Us What to Think Instead of Where to Look
Google was always a lousy librarian
Microsoft Layoffs Continue in August 2025
If Microsoft is doing so well, how come about 10 rounds of layoffs in about 7 months in 2025?
In Many Countries Vista 11 Adoption Stalled or Became Negative
Not just because people move to GNU/Linux
Microsofters' Lawyers Are Name-calling and Insulting Microsoft Critics, Even Their Spouses
How not to win arguments
Flagging or Tagging Slop That We Find Online
Right now we use ImageMagick
Links 04/08/2025: Very Bad Weather and Travel Restrictions in China
Links for the day
Gemini Links 04/08/2025: Misiamisia and Mobile Linux
Links for the day
Microsoft's Stock is Like a Religion, Microsoft Goes Into 'Hiding' (From Shareholders)
like a religious person or devout believer, the media just parrot anything Microsoft says
Links 04/08/2025: 80 Years Since Last Nuclear War, IPv6 in China
Links for the day
Groklaw Static Site Relaunches With New Theme, But Many Pages and All the Comments Are Missing
We suppose that's still a lot better than the site being offline, as it was for several months
"For Five decades; For freedoms; For all users" (Original EMACS Turns 50 Next Year)
Linus Benedict Torvalds was only 6 when EMACS started
In Spain, Microsoft's Search Engine Market Share Fell to 2%
16 years have passed since Bing was introduced
Protecting GNU/Linux-Centric Journalism From Serial Sloppers
Unoriginal slop is taking away traffic from the people who did all the real work
It Looks Like Managers at Oracle Now Use LLM Slop to Write Blog Posts
Did he cheat by prompting LLMs for mindless text "filler"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 03, 2025
IRC logs for Sunday, August 03, 2025
Gemini Links 04/08/2025: Qubes OS and Curious crypto case of certificates (CCCC)
Links for the day
They Tell Us That "Cloud Storage" is Safe and Robust to Incidents Like Fires
Do you have backups? Where are they and who controls them?
"Allowing SDL to default to Wayland caused a number of customer issues so keep the default at X11 for now"
2025 is another year of Wayland ambitions. It's also a year of self-fulfilling prophecies.
In The United Kingdom (UK), Microsoft Search (Bing) Falls to All-Time Low
Grow? What grow??? It's collapsing.
GNU/Linux Reaches 5% in Oman
Some GNU/Linux distros are made in Oman
Google's "AI Mode" is a Pathetic Joke Prematurely Introduced in the UK (Like "Bard", Which Sank the Company's Shares)
what Google "thinks" about PCLinuxOS
What the Free Software Foundation Started Four Decades Ago is Becoming Mainstream
"Four decades; Four freedoms; For all users"
Doing a Better Job at Labelling Slop Images
we'll label screenshots that contain slop, typically with red-coloured text overlay
Social Control Media is Out of Style
What's your excuse for wasting time on (or in) it?
Maldives: GNU/Linux at All-Time High, Windows at New Lows
data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025