Bonum Certa Men Certa

EPO Becoming Like China is Something to Worry About, Not Something to Celebrate

The emergent home of patent trolls is something to remain as distant as possible from

China's patent trolls
Chinese media on patent trolls
From last month's article by Bing Zhao



Summary: The EPO has nothing to brag about except growing 'demand' from China (patent applications numbers are down in most other nations) and media is doing a copy-paste of the EPO's 'press release'

YESTERDAY, not to our surprise, World Intellectual Property Review (WIPR) decided to join in as a stenographer (among other stenographers), parroting the EPO's 'press release' rather than doing any investigative work. It's easier to just copy-paste some 'prepared' Battistelli quotes than to actually research the underlying facts. We are pretty certain that the EPO's PR people (Rainer, Jana Mittermaier and external help) were responsible for this. We already heard how that works.



"It's easier to just copy-paste some 'prepared' Battistelli quotes than to actually research the underlying facts."What was the 'story' about? Well, it was just a 'press release' retitled "EPO and SIPO renew patent cooperation" (i.e. nothing really changes). As a hallmark of corruption, last year Battistelli brought the Chinese officials to his home town where he works as a politician. He's not even good at hiding his motivations and eternal mischief. Maybe he became blind to it as it became so routine.

Either way, the patent trolls' megaphone (and Battistelli's megaphone, which is an overlapping task) decided to revisit the situation in China, having recently hired Chinese staff (because that's where patent trolls go nowadays).

China is burdening itself with a trap that will bring nothing but patent trolls [1, 2, 3] and less than a day ago IAM wrote:

In a speech that garnered a lot of attention around the world, the Chinese president declared that: “Wrongdoing should be punished more severely so that IP infringers will pay a heavy price.” More recently, IP got one mention in Xi’s marathon 19th Party Congress speech last month, as he called for China to become a “country of innovators” and create a “market-oriented system for technological innovation”.


For the time being, President Xi's vision (or "priority list") seems to be lots and lots of patent trolls. Urging for people to apply for patents by the millions isn't going to make a “country of innovators” but a country of litigation. This is already happening and it's not at all desirable. Perhaps if China had a multi-party system -- i.e. not a single person held all the power (Xi) -- saner patent policy would be chosen.

"Perhaps if China had a multi-party system -- i.e. not a single person held all the power (Xi) -- saner patent policy would be chosen."Another country where there's a de facto single-party system (PAP) that has ruled for about half a century (it actively attacks political opposition/dissent) has gotten a similar problem. We are talking about Singapore, whose recently-deceased leader emulated China's autocracy and at times hailed crackdown on protests. Singapore's patent trolls problem was covered here earlier this year and yesterday Lexology said that "[c]laims to software [in Singapore] that are characterised only by source code and not by any technical feature" are not patentable..."

There are loopholes, however, and they're described below:

To what extent can inventions covering software be patented?

Claims to software that are characterised only by source code and not by any technical feature cannot be considered an invention on the basis that the actual contribution would be a mere presentation of information.

However, computer programs may be patentable if the invention involves a technical contribution outside the excluded subject matter.

To what extent can inventions covering business methods be patented?

Pure business methods are not considered inventions and are not patentable. However, similar to computer programs, business methods may be patentable if they involve technical contributions outside the excluded subject matter. For example, claims relating to a computer-implemented business method would be considered an invention if the technical features (eg, servers, databases and user devices) interact with the steps of the business method to a material extent and in such a manner as to overcome a specific problem.

To what extent can inventions relating to stem cells be patented?

The Patents Act contains no specific provisions barring stem cells from patentability. Inventions determined by the examiner to fall within the list of acts prohibited by the Human Cloning and Other Prohibited Practices Act will be objected to.


China, unlike Singapore, has pretty much no restrictions on software patents (not anymore, the bars were lowered earlier this year), which makes it similar to the chaos caused by and promoted by Grant Philpott at the EPO (they just call it "CII" instead of software patents).

Are SIPO and EPO going to become a controversial pair whose lowered patent quality will have them characterised as worthless? If the EPO going to transform to mere registration or pure automation a la INPI? Whatever it is, the EPO looks like a shadow of its former self and it's the fault of Battistelli's policies. Only God (or Buddha) can save the EPO now...

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
Head of GitHub Recently Left, Microsoft Need No Longer Report Mass Layoffs There (User Activity is Declining)
We've long said that LinkedIn and GitHub, which Microsoft bought, would likely end up like Skype
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day