Bonum Certa Men Certa

Germany Needs to Respect the European Patent Convention and Stop Issuing Software Patents, Also Reject UPC

Germany USPTO EPO



Summary: Germany emulates USPTO/EPO trends by allowing, in spite of the EPC, patents on vague ideas pertaining to software

THE EPO, which seemingly represents (or at least prioritises) multinationals from outside Europe these days, has become an enemy of Europe right at the very heart of Europe (Munich, Germany). The EPO is also an enemy of its own highly-qualfied staff, but this isn't the subject of today's article.



"For the time being, in spite of pressure from patent lawyers and the EPO, Germany remains a barrier to the UPC, and that’s a good thing."The President of the FFII says he "[w]ill speak at FOSDEM on Unitary Software Patents and how to stop it, Sunday 10am" (end of this month). Contrary to the myths still perpetuated because this debate got hijacked (primarily by multinationals and their lobbyists), not only patent trolls are the problem. Patent scope is the problem. Later on Tuesday (yesterday) the EPO released quite a 'masterpiece' which is in fact non-factual nonsense (we rebutted some of these claims before). It had been put together and eventually unleashed by the team of Benoît Battistelli, collating and condensing PR talking points, disregarding everything else (again, things which we covered here before). There is one part there which alludes to UPC, one of the mechanisms for expanding patent scope and bringing software patents to Europe. It says: "But while the EPO has successfully worked with our international partners, a number of our own member states have worked in cooperation with the EPO to finalise preparations for the next significant development in patents in the European Union itself. With the support of the EPO, the Select Committee last December agreed a complete secondary legal framework comprising the implementing rules, and budgetary and financial rules for the unitary patent. It was a hugely significant occasion for the European patent system which means that we are now legally, technically and operationally ready to deliver the unitary patent. With the successful ratification of the UPC Agreement by the remaining member states, 2016 really could be the year in which innovators the world over start to benefit from the distinct advantages the unitary patent is set to deliver."

"We still remember Germany's support of patents used by Microsoft against a Dutch company, TomTom, whose Linux use came under attack with notorious F.A.T. (FAT not being an offensive term) patents."For the time being, in spite of pressure from patent lawyers and the EPO, Germany remains a barrier to the UPC, and that's a good thing. But in the mean time Germany resurrects and reminds everyone of an old tradition. It's a big problem right now. We still remember Germany's support of patents used by Microsoft against a Dutch company, TomTom, whose use of Linux came under attack with notorious F.A.T. (FAT not being an offensive term) patents.

A new article just published by Dr. Glyn Moody talks about this patent, perhaps in response to some German patent lawyers who celebrated the grant. To quote Moody:

What exactly those two words "as such" mean in this context has been argued over for years. In practical terms, it has led to thousands of software patents being issued thanks to clever framing by lawyers that takes advantage of the "as such" loophole. According to this post on a blog that is called unashamedly "European Software Patents," it seems that German judges have now gone even further, and granted a patent for a graphical user interface. That's surprising, because the same EPC Article 52 explicitly excludes "presentations of information" from patentability.

[...]

Just in case that legalese isn't crystal-clear, here are details of the case considered by the German court. The patent dealt with the display of visual information captured by a swallowable capsule equipped with a camera. Apparently, these cameras produce information too rapidly to be useful for ready examination by the human eye. That problem was solved by showing only a subset of transmitted frames in one window, and different subsets in other windows. The idea is that an expert can scan several of these windows at once, since the images in each are changing relatively slowly.


In the Unites States, in the mean time, some USPTO-granted patents are being used against European companies. Docket Report comments on the case against Metaswitch (British), which we wrote about very recently. It says that 'The court granted defendants' motion to strike the report of plaintiff's validity expert regarding patentable subject matter because the testimony was unhelpful. "[T]he issue of subject matter eligibility under €§ 101 will not be tried to the jury in this case. No expert will be permitted to testify to the jury about whether the asserted patents claim eligible subject matter under €§ 101. The Court is responsible for deciding disputed questions of law, and the Federal Circuit has consistently disfavored reliance on expert testimony as the basis for legal conclusions. [The expert's] analysis of the law and his ultimate legal conclusions are not helpful expert testimony and are therefore inadmissible."'

"Remember that Texas is where almost every troll can be assumed to be going into."The litigant is a company from Texas whose software is not so well known (unlike Metaswitch) and its patents are basically software patents. Remember that Texas is where almost every troll can be assumed to be going into. The courts in Texas are biased in favour of aggressive, trigger-happy firms, including -- if not notably -- trolls.

Mr. Maycotte, a Texan writing for the plutocrats' media (Forbes), says that Alice does not change much (he just says that an existing issue/riddle now has a name/reference) and that poor startups -- yes, software startups of all entities! -- should still waste their limited resources and pursue patents. The highest court, SCOTUS, opened the door to invalidation of software patents (there is no sign of that changing as SCOTUS has just declined to hear three patent cases, including, based on this detailed listing, Allvoice Developments US, LLC v. Microsoft Corp. which we covered here before).

"If you are not a troll but a producing company, then all those whom you sue can and will sue you back harder, especially if those whom you sue belong to a large company with a massive trove of software patents.""Regardless of the outcome of Alice," he wrote, "there are still plenty of reasons for startups to seek patents. Getting a patent can cost you (I’ll talk more about specific costs in the last section of this blog), but not getting a patent could potentially cost you even more — in lost venture capital, market share and other areas, as patent advisory experts David Pridham and Brad Sheafe suggested in an article in these pages last summer."

If you are not a troll but a producing company, then all those whom you sue can and will sue you back harder, especially if those whom you sue belong to a large company with a massive trove of software patents. The writer, who looks like the world's biggest patent troll (Nathan Myhrvold), works in the mass surveillance industry (for corporate gain). Forbes too, with its notorious malware in all Web page (a subject of ongoing scrutiny), is a perfect fit for this kind of view. Why doesn't Forbes air the views of many startups which demand patent reform?

"The ultimate goal appears to be injunctions with global scope -- the kind which best suits multinationals with global presence."Incidentally, last night the EFF complained about CAFC, a booster of software patents and also their originator. The EFF wrote: "When courts fail to quickly address serious defects in a patent litigation complaint, it can harm not only the parties to the case, but also the public at large. Yesterday, EFF and Public Knowledge filed a friend-of-the-court brief with the Court of Appeals for the Federal Circuit in a case where the Eastern District of Texas is allowing expensive litigation to drag on even though the defendant has already fully briefed validity issues that almost surely will dispose of the case, and stop the patent owner from suing on them in the future.

"Eclipse IP, the patent owner in this case, is a repeat patent assertor. It’s brought over 160 cases in recent years. (Eclipse IP recently changed its name to Electronic Communication Technologies, LLC, but the named party in this case is still Eclipse IP.) The defendant in this case, Marten Transport, is a trucking company based in Wisconsin."

Imagine what would happen if the UPC became a reality and the same thing became routine in Europe. Imagine Texas courts (ruling on companies in Wisconsin in this case) being the equivalent of some court in Germany ruling against a British company or vice versa, with an effect in the entire continent and beyond. It shouldn't be hard to see who benefits from such a system. The ultimate goal appears to be injunctions with global scope -- the kind which best suits multinationals with global presence.

Recent Techrights' Posts

The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
 
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?