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

EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
 
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026