Bonum Certa Men Certa

Cheapening of Patents at the EPO, Cheapening of Staff of the EPO, and Emergence of Large Corporations' Tax Evasion Using Piles of Patents

Whose system is it anyway?

Patent box Reference: "The “Patent Box” – Proof That the UK is a Rogue State in Corporate Tax"



Summary: Patents are, over time, becoming not about innovation but about passage of heaps of monopolies to large corporations that then use them to evade tax (the patent box loophole)

TODAY we became aware of this blog post from just two days ago. "USPTO Memo Indicates a ‘European’ Approach to Software Inventions," says the headline, tacitly implying that the EPO is strict on software patents even though the opposite is true (especially in recent years). Lawyers' favourite CAFC cases are presented as evidence. For instance:

Earlier this month, the USPTO issued a memorandum to patent examiners discussing recent court decisions regarding the patentability of software inventions. The memo refers to three federal circuit decisions in which software inventions were found to be eligible for patent protection. The three decisions mentioned in the memo are McRo v. Bandai (Sept. 2016), BASCOM v. AT&T (Jun. 2016) and Amdocs v. Openet (Nov. 2016).

Recently, I summarised the McRo and BASCOM decisions in a blog post for Cambridge Wireless. The Amdocs decision was issued only a day before the USPTO published its memo to examiners on this issue. Therefore, Amdocs is not considered in detail in the memo. However, the USPTO states that further guidance on the Amdocs decision will be given at a later date.


The USPTO is always behind the times when it comes to regulating patent quality. We saw that as recently as this year because it took 2-2.5 years for the USPTO to truly come to grips with Alice. In the mean time, the EPO went in the opposite direction and insiders tell us that they grant software patents because there is growing pressure to keep up with 'production' demands (where grants are rewarded, not proper/thorough examination). A new Central Staff Committee report [PDF] was also leaked to us today. The Central Staff Committee is concerned that 15% increase in so-called 'production' results in reductions for staff. Figures are shown to support this claim and also some 'missing money' becomes the subject of inquiry. One has to wonder where all that money comes from and how this so-called 'production' is attained without increases in staffing. Of course, all it means is that patent quality continues to nosedive.

Speaking of fiscal irregularities and low patent quality, Benjamin Henrion highlight this new article about "patent boxes" -- a subject we wrote about before. "Race to the bottom and Apple fiscal evasion via patents will continue with the blessing of Europe," Henrion noted, as it's quite common and increasingly 'normal' for large corporations to dodge (or evade) tax with patents as a hidden instrument of some kind of "money laundering" . Here is what the Wall Street media said this week:

Adoption of legislation for a common consolidated corporate tax base by 27 EU member states would resolve current patent box conflicts and end transfer pricing disputes that cost multinational companies hundreds of millions of dollars in double taxation, according to EU and industry officials.

Speaking at a Nov. 15 conference hosted by the Federation of European Accountants, Uwe Ihli, the chief architect of the October CCCTB proposal unveiled in October, said tax credits for research and development in the pending legislation are seen as a way to prevent harmful tax competition, triggered by the rush to attract investment by high-tech companies via tax breaks on intellectual property profits.

“We believe the research and development tax breaks in the new proposal will not only be a major attraction for businesses but they will also help resolve the divisions in the EU over patent box tax regimes,” Ihli said.

He added that the R&D terms are based on EU state aid rules and in line with the OECD’s modified nexus approach.


If a process patent-granting en masse can become just an instrument for the benefit of large corporations, and patents are made a lot easier to get, what does that say about the real beneficiaries of today's EPO? Regarding Apple's patents, we are planning some articles about those. The EPO is doing a terrible job and it's not hard to guess who will pay the price.

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day