Bonum Certa Men Certa

The European Patent Office is Breaking the Law Regarding Software Patents, German Parliament Finally Complains

Benoît Battistelli not above the law

Benoît BattistelliSummary: The EPO's sheer disregard for laws relating to patent scope gets the attention of very influential politicians in Europe, who explicitly ask the EPO to stop what it is doing

The situation with regards to software patents in the EU has been outrageous, with a German court legitimising controversial Linux-hostile software patents nearly half a decade ago and a British court doing something similar in a case involving Symbian (later fully acquired by Nokia). There are some news articles in French and in German which allude to a pushback from those above the courts. The patents boosters say that EPO "nominates a software #patent (an otherwise excluded matter) for its #EIA13 prizes show" and the response to it from more crass and rude bloggers (like IAM) is rather distasteful, characterising politicians that uphold the existing law as pirates (see "IP owners should be mindful of the lasting influence of Pirate politics in Germany"). Watchtroll, another exceptionally vocal patents maximalist, uses so-called software people to promote software patents, making fellow patent lawyers actually believe that programmers want such patents. This is unthinkable, but the lawyers' microcosm is an echo chamber of disinformation and it shows. Glyn Moody called the latest government intervention "some good news for change" but said that there are "dangers looming" based on his analysis which says about software patents:



European Patent Convention forbids them, and the European Parliament explicitly rejected them again in 2005. Fans of intellectual monopolies just keep coming back with new ways of getting around those bans, which means that the battle to stop them crippling the European software industry has to be fought again and again.

An interesting example of the growing confidence of the pro-software patent lobby is that the European Patent Office has even included a software patent in this year's nominees for the European Inventor Award...


Here is a good take on the news:

The German Parliament has held a first reading of [corrected] a joint motion against the growing trend of patent offices to grant patents on software programs. The resolution on “Secure Competition and Innovation in the software development,” obliges the German government to take steps to ensure that software is protected by copyright only and no additional patent protection is granted.


The FSFE's message (citing/quoting Karsten Gerloff) is almost identical:

The German Parliament, the Bundestag, has voted on a joint motion against software patents. The resolution urges the German government to take steps to limit the granting of patents on computer programs.

In the resolution, the Parliament says that patents on software restrict developers from exercising their copyright privileges, including the right to distribute their programs as Free Software. They promote the creation of monopolies in the software market, and hurt innovation and job creation. [Correction 2013-04-24: Parliament did not yet adopt the motion, but rather decided to pass it to the parliament committees for further consideration.]

"Software patents are harmful in every way, and are useless at promoting innovation", says Karsten Gerloff, President of the Free Software Foundation Europe. "We urge the German government to act on this resolution as soon as possible, and relieve software developers from the needless patent-related costs and risks under which they are currently suffering."


As we noted here before, there are two main loopholes for software patents in Europe, except trying to make them look like patents on physical devices (the characterisation/deception loophole). One trick is FRAND, a thicket-like trick, and another is the unitary patent, an assimilation instrument. Andy Updegrove addressed the issue of FRAND in the US the other day, alluding to Microsoft's patent war on Android.

"The European Patent Office is an executive organisation, it deals especially with patent applicants, as such, its view of the world may be biased. As an executive organisation, its interpretative powers are very limited. The European Patent Convention excludes computer programs, it is outside the EPO's power to change this."

--Ante Wessels



Recent Techrights' Posts

Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day