Bonum Certa Men Certa

The António Campinos-Led EPO is Over-Relying on Bogus and Abstract Software Patents to Fill the Gaps

Creating more paths (mostly buzzwords) for dodging well-understood restrictions

Mind the gap



Summary: In an effort to bypass courts (while lobbying for dubious courts like the UPC) the EPO continues to issue a lot of software patents, typically calling these something like "artificial intelligence" (almost any algorithm can be called that with sufficient verbal creativity)

THE EPO's management certainly knows the restrictions on software patents in Europe, which is why this management keeps coming up with workarounds, notably lingual wizardry. We wrote a lot of articles about it (several dozens) when Battistelli was still in charge; prior to him, back in the Brimelow days, "as such" was the only notorious term being brought up. Sacrificing patent quality for the sake of something else is never ever a good idea. Ever! It's a compromise on justice itself.

“The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents.”
      --Anonymous
The brainwash machine of the EPO isn't doing too well. IAM has in fact just 'gone dark' (no access to articles, RSS feeds deleted) and greenwashing by the EPO is far too shallow. Here's an example from yesterday to which I responded with: "Granting a monopoly on a solution to climate issues isn't helping. It's arguably making things worse..."

The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents. They have already done that twice by midday today. It has gotten a lot more frequent since António Campinos took over. It's a sharp difference (we tracked these things closely under several years of Battistelli as well). They did that at least three times on Monday (yesterday), with examples including this tweet: "Takeaways from the EPO's event on patenting #ArtificialIntelligence provided by Grant Philpott, Chief Operating Office ICT at the European Patent Office..."

Grant Philpott is pushing/promoting software patents again; they're linking to an old YouTube video with barely any views after 3 weeks online (about 5 views per day after the video was promoted, totaling 90 views when we last checked). Then there's this tweet: "Patenting #artificialintelligence: how do EPO and industry experts view this fast-growing phenomenon? Find out here: http://bit.ly/AIpatents"

Those are just software patents. The EPO's official account and Web site are pushing/boosting such patents yet again and people see past the stupid buzzwords. Here's one response to it: "TL;DR : 🤑🤑🤑🤑. ( I didn't actually read it but it's an easy guess :) ) How should normal people view €« Patenting #artificialintelligence €» ? : 😱😱🤬😱😱"

Watch what the EPO retweeted only a few hours ago (in French).

Then (also yesterday) the EPO together with patent zealots from the US (Intellectual Property Owners Association) carried on pushing "CII and AI" (acronyms that mean computer-implemented inventions, a.k.a. software patents, and artificial intelligence).

"If you work in patents and have stakeholders who do business in Europe, then this event is for you," they said. The EPO promoted this again a few hours ago. They help American companies pursue software patents in Europe (to then potentially sue software companies in Europe). The Intellectual Property Owners Association was mentioned by Patent Docs yesterday in relation to this upcoming webinar on dodging quality control at the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) often intercept software patents. "The Intellectual Property Owners Association (IPO)," it said, "will offer a one-hour webinar entitled "From BRI to Phillips at the PTAB: Consequences for Practice" on September 6, 2018 from 2:00 to 3:00 pm (ET). Eric Cohen of Brinks Gilson & Lione, Kevin Greenleaf of Dentons US LLP, and Shaun Zang of Goldman Ismail Tomaselli Brennan & Baum LLP examined dozens of litigations in recent years where both district courts and the PTAB construed the same patents, and will provide useful insights as the PTAB is expected to switch from BRI to Phillips in post-grant proceedings this fall."

They will be looking for new ways to work around PTAB, that's for sure.

Another patent maximalists' site, Managing Intellectual Property, has meanwhile published: "Dmitry Andreev discusses issues in patenting blockchain-related technologies, and explains how to avoid the most common grounds of rejection" (this too is behind paywall, albeit nowhere as a extreme a paywall as IAM's new one).

This patent maximalists' site is pushing software patents again, but it suggests disguising these using buzz like "blockchain" and "AI" (same thing EPO exploits to rebrand algorithms these days). Then came another article, this one a puff piece of Patrick Wingrove in the form of an interview.

"AI plays a bigger role in making them," this patent maximalists' site says, using the buzzword "AI" to promote patents on medicine that's not necessarily even novel. This is so typical yet still nauseating.

If that's not bad enough, watch what Managing Intellectual Property has just published regarding Alice: "Section 101’s power wanes after Berkheimer" (we've already published several rebuttals to it based on numbers from the patent microcosm itself [1, 2, 3]).

Ellie Mertens and Michael Loney from the patent maximalists' site have just pushed semi-truth or a lie about Berkheimer. If often seems like not only patent lawyers are liars but also people who write about patent lawyers and "engage" with them. Perhaps lying is an art form and this is what people pay $200/hour for. Hire a liar. From their summary (outside the paywall):

New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate


The negligible decline they cite has nothing to do with this case (Berkheimer), but "alternative facts" seem popular among patent law firms with an agenda. Or propaganda sites like IAM, which unfortunately went completely dark and are thus impossible to track and correct (face-check) anymore. They just want to write exclusively to those who pay them to write a bunch of nonsense; they cannot afford outside scrutiny. Maybe Managing Intellectual Property is the next site to go completely dark (they added the partial paywall about a year ago, but we still get the gist of their slant). ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
 
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026