Bonum Certa Men Certa

The Latest Patent Comedy from Europe

EPO sign



Summary: The latest string of developments in Europe, regarding software patents

ATTEMPTS are being made by companies that include Microsoft and its lobbyists to legalise software patents in Europe, without a democracy even. Digital Majority has found a couple of reports from South Africa; this first one talks about plans to introduce the Community patent, which is merely a back door that would harm the Free software community (so the word community in "Community patent" is actually a malicious reversal).



By protecting the intellectual property rights of inventors and innovators, patents promote innovation and creativity, the lifeblood of Europe's ability to change with the times and remain competitive.

Given the huge importance of patents and the challenges in managing patent rights across an increasingly borderless Europe, it is no surprise that member states are working towards creating an EU-wide patenting system known as the Community Patent.


The article was seemingly written and published by a pro-patents guy, who apparently makes a living out of it. There is also this second new article from the same publication, regarding software patents specifically.

Particularly in the US and Europe, various parties are lobbying for various amendments to the legislation. Some want the scrapping of the relevant restrictive sections in the legislation so that all kinds of business methods and computer software will always be patentable as long as they are new and inventive.


Over in Germany, where protests have just taken place, some firm or umbrella called BIKT claims that software patents may be unconstitutional.

The discussion of the various aspects of copyrights, patent law and other intellectual property rights are of special significance for the BIKT. The association has published on its internet site a statement related to the current appeal proceedings at the European Patent Office (EPO) regarding the issue of patentability of computer programs and takes a clear stand against the granting of software-related patents.

The BIKT statement was prepared by the lawyer Rasmus Keller from Viersen and is based on his legal study which was published recently. He presents clear arguments explaining that the granting of software-related patents represents an encroachment on the exploitation rights of software developers which cannot be reconciled with constitutional law. As a consequence, the granting of such patents is categorically impermissible.


For those who have not heard yet, Nokia's profits have just sunk 90% (for this quarter) and Nokia's role in advancing software patents is a sin that must be remembered. The British press still uses a controversial Symbian case to pretend software patents are somewhat legitimate. Here is the latest example:

The Court of Appeal decision also supported the 4-step test for patentable subject matter set out in the Aerotel/Macrossan decision, but cautioned against applying such tests blindly.

The practice notice, issued in December 2008, indicates that the UKIPO will continue to apply the Aeroel/Macrossan test in deciding whether computer-related inventions are excluded from patentability. Observers question whether this will really constitute any shift in UK patent law as one would expect following a decision as significant as Symbian. However, the practice notice goes on to suggest that there will be some change in the way in which the UKIPO assesses software implemented inventions in future.

In particular, the practice notice states that an important factor is "what the program does as a matter of practical reality" and provides an example in which 'improving the operation of a computer by solving a problem arising from the way the computer was programmed - for example, a tendency to crash due to conflicting library program calls - can also be regarded as solving "a technical problem within the computer" if it leads to a more reliable computer'.


Regarding Brimelow's ambiguous/bizarre questions that I've already sent a response to, some opine that the first question is not even a valid English question. If someone is very proficient with English, maybe consultation would help. Here is the question, which seems like some sort of circular logic:

"QUESTION 1: CAN A COMPUTER PROGRAM ONLY BE EXCLUDED AS A COMPUTER PROGRAM AS SUCH IF IT IS EXPLICITLY CLAIMED AS A COMPUTER PROGRAM?"

A few years ago, in relation to Microsoft, the EPO board of appeal emitted an equally bizarre response:

1. The claim category of a computer-implemented method is distinguished from that of a computer program. Even though a method, in particular a method of operating a computer, may be put into practice with the help of a computer program, a claim relating to such a method does not claim a computer program in the category of a computer program (point 5.1 of the reasons).

2. A computer-readable medium is a technical product and, thus, has technical character (point 5.3 of the reasons).


This seems like an exercise in confusion; it's hardly about providing answers but rather about escaping the need. ⬆

Comments

Recent Techrights' Posts

Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
 
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026