Bonum Certa Men Certa

EPO Under António Campinos an Unprecedented Booster of Software Patents

NASCAR sponsorsCorporate front group, not much of a patent (examination) office anymore

Summary: The conventions upon which the EPO was founded have been thoroughly and entirely abandoned; all the EPO exists for right now is the granting of as many patents as possible and it hopes to get all the patent courts in the EU under its control, too

THE EPO recently promoted software patents in the United States, where courts say no to such patents, whereas the USPTO ignores the courts (their new Director is a lot like Battistelli; he ignores court orders or at least precedence).

"The EPO under Campinos is a patent maximalism organisation, not even distinguishable from WIPO anymore."What about António Campinos? Well, ever since his term commenced we have been seeing a huge number of software patents 'advocacies', at least in official tweets. Today was a relatively quiet day, so we lack examples from today. The EPO said: "This year the Office celebrates a string of anniversaries in European patent information. They are testimony to the EPO's staying power as the world's leading provider of patent information."

EPO 'celebrates' while staff is in chronic depression and many commit suicide. As for leadership in the world, it isn't clear if the EPO can still claim that. All it does is promotion of low patent quality, occasional lip service to SMEs (which it discriminates against), and weekly greenwashing of European Patents. Earlier today we saw this new article which is a placement for EMW principal James Geary -- an article that's interjecting some UPC propaganda as follows:

UK-based commercial law firm EMW has noted that the patents filed for solar power, wind energy, biofuels, hydropower, geothermal energy and waste-generated energy have nearly doubled over the last five years.

[...]

Geary further noted: “However, there are concerns that the US could see a drop in patenting ‘green’ products as the Trump administration looks to cut government research spending in the industry.

“The slight rise may also be in part due to concerns about the effect that Brexit may have on the proposed European Unitary Patent system.


The Unitary Patent system is dead irrespective of Brexit and its implicit goal (amongst others) is to bypass national courts, national patent laws etc. and impose EPO-type patent standards on the whole of the EU. This may also mean -- inter alia -- software patenting and prosecution.

If it wasn't bad enough that the EPO kept granting software patents in Europe (like the U.S. Patent and Trademark Office doing so in spite of 35 U.S.C. €§ 101), now comes the Intellectual Property Owners Association with its echo chamber of patent extremists. The EPO was there too; it wrote quite a lot about this in advance, so it is hardly surprising that it's found among the zealots, who also lobby for software patents. Suzy Madar (King & Wood Mallesons) has just published the following:

Regis Quelavoine, Director of Mobility and Mechatronics at the European Patent Office, then struck fear in the hearts of the audience, by indicating the danger of using words in a claim relating to computer implemented inventions that will put one of the 45,000 examiners (that will almost certainly have a PhD) into a frame of mind – within five minutes of considering the claims – that “this is a business method patent, how do I kill it?” instead of “this is a technical solution to a technical problem – how do I grant this application?” He said that claiming the “how“ rather than the “what“ will increase the likelihood of the application falling into the 15% or so of computer implemented invention applications that are granted. The following heated discussion from the audience suggests that great minds will differ in relation to which side of the line a claim will fall, which US attorneys seemed to think was an unsatisfactory position.


Laurence Lai, writing in Kluwer Patent blog today, shows that the EPO adopts buzzwords like "cloud computing" to justify granting software patents (other buzzwords too are being exploited). To quote:

The European Patent Office published an advance preview today of its annual update to the Guidelines for Examination which will come into force on 1 November 2018. Here are the main changes and what they mean for users of the European patent system:

[...]

6. Claim formulation for cloud computing

A new section formalises current practice that multiple claims in the same category, e.g. device or method, are allowed for claims directed to distributed computing systems which generally include a server and a client device. It is often desirable to draft separate claims for each side of a distributed system to more easily cover activities of an infringing party.

The EPO has set out that separate client and server claims, as well as one for the whole system, may be allowed to appear in one application for the same reasons as plug and socket claims – they are interrelated products. Each independent claim would have to stand on its own in terms of novelty, inventive step and clarity as normal.


Any pretense that the EPO respects the EPC should have evaporated by now. The EPO under Campinos is a patent maximalism organisation, not even distinguishable from WIPO anymore. ⬆

Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
 
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026