Bonum Certa Men Certa

With Software Patents, “the [Low] Level of the USPTO Has Now Be[en] Reached by the EPO”

Patents on maths, such as computer vision (my research discipline), are increasingly becoming possible under the Battistelli regime

Blatterstelli and EPO, USPTO
When one's goal is just maximising the number of patents the role model would be SIPO (China) or USPTO, where the yardstick/accomplishment is granting a patent on any bundle of paper that comes in, securing a monopoly on virtually everything under the Sun (as long as it says "technical", "inventive", "on a computer", and/or "over the Internet")



Summary: Software patents and other patents of little or no technical merit that can be physically demonstrated are now being granted by the European Patent Office, despite the demise of software patents in the United States

HERE IN Techrights we mostly focus on software patents (primary focus of the site), but there are many other problems associated with the EPO, including the use of patents against so-called 'generic' medicine and cancer treatments (there are various issues associated with that). IP Kat covers a story that was mentioned here the other day, stating that "European Patent No 1 313 508 protects the use of pemetrexed disodium in combination with vitamin B12 or a pharmaceutical derivative thereof and optionally a folic protein binding agent. The patent expires on 15 June 2021."

"Putting aside the abuses against human rights, there are technical issues as well."Whether one talks about the European Patent Office or epogen/Epoetin alfa, EPO is now synonymous with cheating, breaking of rules. Putting aside the abuses against human rights, there are technical issues as well. For instance, somebody posted an amusing ode titled "BB’s Declaration on Truth and Self-Imposed Stupidity..."

This is about the reality distortion field, which we recently covered here, both before and after the event in Rijswijk. Another person correctly insinuated that “the level of the USPTO has now been [corrected] reached by the EPO” with patents on a digital purring cat -- a software patent idiotic/trivial enough that the USPTO would most likely approve given its low standards and greed which motivates such low standards, sending out the message that nearly all applications will be successful, leading to a filings deluge, also at courts' dockets. "Sure that the problem-solution-approach exists when assessing inventive step," wrote the person. "I however still fail to see what can be inventive in claiming the purring of a virtual cat when a cursor is moved back and forth on the virtual cat. The claim does certainly not read on an actual cat. If this would be the case, novelty would not even be given. [...] it means sadly that the level of the USPTO has now be reached by the EPO..... Where has common sense disappeared to?" This is the patent in question, from Immersion Corporation, which has an extensive cluster of other cross-referencing software patents at the EPO, mostly relating to user interfaces and vibration for feedback. Just because the software triggers a "vibrate" action doesn't mean the software is somehow physical. It's still a software patent. Based on the company's own site, it's about software and it's about licensing, not necessarily making things. There's an "IP Licensing" section under "Products". To quote their plenary description from the front page: "Immersion licenses touch feedback technology."

"We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust."This kind of patent maximalism, meaning the expansion of patents or the objective of maximising the number of patents by lowering quality (of examination or patents approved), is something that we've warned about many times here before. It's why we wrote about the EPO almost a decade ago, primarily in relation to software patents. It was Brimelow who permitted the "as such" loophole to sneak in, but it was Battistelli who took this further with accelerated examination (meaning lax or lenient) for Microsoft, which mostly patents software and exploits Brimelow's loophole to make it seem like something which it's not.

We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust. The boosters of software patents -- people who themselves never wrote computer programs or understand how a computer works -- try to pressure policymakers, judges, examiners etc. to abolish the Alice case as a factor, despite the SCOTUS overwhelmingly (unanimously) ruling against abstract software patents. Here is the latest example of that, published just yesterday. By his own admission, the author "is a patent attorney licensed to practice law in California and Arizona." Looking only at the side of patent aggressors and their lawyers (not their victims, who are far greater in number), he writes that "examining corps’ over-use of Section 101 rejections can be reined in via a more disciplined and structured set of instructions."

"How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections?"Why is it overuse? Because he doesn't like it when Alice is brought up? It's a Supreme Court's strong, high-level decision. Why bypass it?

"Examiners would like it," he said, insinuating that somehow granting a lot more patents on software is something that examiners would prefer (in the past at least they received financial incentive to actually grant if in doubt rather than decline). He also said that "applicants would find examination outcome more predictable and know how to respond to rejections better; and reduced rejections represents good patent policy and will benefit the U.S. economy."

This is complete nonsense. How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections? It's like those scandals in the UK where examination authorities in the scholarly world are found have have made exams easier so that young people get higher grades and they can deduce from it that children are somehow (magically) getting a lot smarter.

"Don’t take advice from patent lawyers on issues such as these."Patent lawyers are understandably concerned because many of their old clients probably feel reluctant to patent software any longer. That's a good thing for society as a whole. Don't take advice from patent lawyers on issues such as these. They're biased, and not for idealogical reasons but for their own pockets.

"The status of the lobby against software patents is so bad that I have to say #ilovefs," Benjamin Henrion wrote on Sunday night. He is right as the camp that fought against software patents used to be a lot more active a decade ago or even a few years ago. The public debate has been mostly warped (with help from the corporate media, which is owned by large corporations that love software patents but hate trolls that sue them), to the point where a lot of the public now thinks in terms like "patent trolls", not patent scope or a patent's domain.

Comments

Recent Techrights' Posts

Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
 
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day