Bonum Certa Men Certa

EU: Advocate General on Community Patent and Software Patents Still at Stake

Dark Euro



Summary: A response from high authority is discovered and discussed, raising suspicions that the United Patent Litigation System (UPLS) will be revised

THE SITUATION in Europe when it comes to software patents (aka "computer-implemented inventions") is far from resolved. There is UPLS lurking and struggling for breathing space [1, 2]. Additionally, Microsoft and its buddies at Siemens have been pushing software patents into Europe via the German courts [1, 2]. Since when can the courtroom determine patentability of software? This whole situation is rather troubling.



Based on Bristows.com, the "Advocate General says 'non' to the Community Patent and a European Patents Court" and the FFII's president opines that UPLS will therefore be rewritten.

Advocate General says "non" to the Community Patent and a European Patents Court



[...]

In short, the fate of the single Court and single patent remains in the balance, but the scales look to be tipping badly against them. We await the decision of the ECJ itself with great interest.


Horns has also responded to these remarks from the Court of Justice of the European Union. His words are interpreted as suggesting that "the Court would decide on the patentability of computer-implemented inventions":

Only now I have stumbled upon Opinion 01/09 - Statement by the Advocates General of the Court of Justice of the European Union concerning the European Patent and the Community Patent Court as planned by the EU Council; see my earlier postings here, there and there. The date on that Document (Original in French only) is July 2, 2010; however, the Opinion was not published on the Official website of the Court of Justice of the European Union (formerly known as European Court of Justice, or ECJ for short). A link to the French version was posted on August 19, 2010, on EPLAW Patent Blog.

I won't understand those childish games played by interested circles inside of and close to the EU Council in a futile attempt to withhold such important documents from the eyes of the general public.

[...]

Hence, the Document summarises that the creation of the PC as an international court does not conflict with the objections of principle drawn from the provisions of the treaties on the European Union judicial system. However, the decisions of the European Patent Office (EPO) on patents may form the subject of an effective judicial appeal before an independent court within whose scope a correct and uniform application of Union law will be assured.


Given that the EU court system has already been responsible for some software patents, this whole situation is definitely worth keeping an eye on. ⬆

Recent Techrights' Posts

Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026