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

How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day
Links 31/05/2026: Heat Wave Grips France and Edgar Morin Dies
Links for the day
Gemini Links 31/05/2026: Backup vs. Mirror, Year of the Death of a Euphemism, Slop Makes Only Yet Another (Untested) Calculator
Links for the day
IBM Red Hat Has a Long History or Track Record of Misusing Trademarks to Send Lawyers to Try to Take Down Pages and Web Sites of Critics
Red Hat claims to own words; IBM thinks it owns names
Richard Stallman is Coming Back to Bern to Give a Talk Next Month
another big talk coming up
Gravitating Towards What Your Role in Society May Be (or What You're Truly Good At)
Many IBMers already realise that they spent years if not decades of their lives working on mostly meaningless products/projects
900 Days Later
900 days is a very long time (almost 1,000)
Cybershow Requires Free Software to Record Shows
Cybershow is run by people who understand that without Software Freedom there can be no sovereignty
Losses at Microsoft's GitHub Seem to be Deepening
How many billions of dollars has Microsoft lost by betting on the false prediction that it can somehow "monetise" public code by LLMs?
Links 31/05/2026: Slop 'Code' (Junk) "Increasingly Leads to Production Failures" and "Huge Slop Costs With No Clear Benefits"
Links for the day
European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026