Bonum Certa Men Certa

Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

Get your money ready, there's tax to be paid through law firms

100 bucks



Summary: Deterioration of patent quality at the EPO -- a serious problem which examiners themselves are complaining about -- is becoming rather evident as new guidelines are very lenient on software patenting

THE EPO under António Campinos -- like the USPTO under Director Iancu -- seems to have no concept or understanding of patent quality. Maybe they just fail to appreciate the importance of patent quality, instead assuming that the goal is to grant as many patents as possible, i.e. generate as many monopolies as possible, then -- in turn -- generating as many patent lawsuits as possible.

The issues associated with software patents in Europe have been covered here for a dozen years. We covered various court cases that dealt with such patents in Europe, including in the UK (Symbian was a famous case). Sara Moran at Kluwer Patent Blog has just highlighted what happens when some European patents or patents granted in Europe (not necessarily European Patents) turn out to be bogus, fake patents. "The Court of Appeal dismissed an appeal filed by Cubist against the Patents Court decision that one of its patents relating to antibiotic daptomycin was invalid for obviousness," she wrote. So nobody benefited from this case other than lawyers. It was a total waste of time.

European Patents (EPs) of Qualcomm were mentioned in this blog post just before the weekend: [via]

Munich I Regional Court throws out Qualcomm patent infringement lawsuit against Apple: no infringement



[...]

The Munich I Regional Court ("Landgericht München I" in German) just announced the first final judgment on a Qualcomm v. Apple patent infringement complaint anywhere in the world. Apple (and, by extension, Intel) fended off one of various Qualcomm patent infringement lawsuits.The court agreed with Apple's claim construction.

A few months after the Federal Trade Commission of the United States and, in a separate case, Apple sued Qualcomm over antitrust and contract-related matters in January 2017, the San Diego-based company that dominates the market for cellular baseband chips started a patent infringement lawsuit campaign against the iPhone maker in the U.S., Germany, and China. Qualcomm wanted to kick off the German "rulings season" with a Mannheim injunction--and got a Munich rejection.

A three-judge panel--composed of Judge Dr. Schoen ("Schön" in German), who filled in for Presiding Judge Dr. Zigann at last week's trial, and Judges Klein and Schmitz--held that Apple's iPhone 7 and iPhone 7 Plus do not infringe Qualcomm's European patent EP1199750 on a "post[-]passivation interconnection scheme on top of [an] IC chip."


In a follow-up related to this (Qualcomm, albeit in the US with Nokia's support) the same blog said: [via]

While Qualcomm's patent infringement lawsuits against Apple (and, by extension Intel) are merely a sideshow to the antitrust matters pending on three continents, let's start with a brief follow-up to yesterday's Munich judgment. The court has meanwhile, thankfully, provided a redacted copy of the decision. I've read it, and the most interesting part is that Qualcomm had submitted two expert reports in support of its claim construction, while Apple had provided only one, but the deficiencies of Qualcomm's reports were massive while Apple's expert provided instructive, helpful information. I'll publish a translation of the relevant passages soon.

Meanwhile, Judge Lucy H. Koh of the United States District Court for the Northern District of California has granted the Federal Trade Commission of the United States permission to file a reply to Nokia's recent amicus curiae brief in support of Qualcomm with respect to the FTC's motion for partial summary judgment regarding Qualcomm's obligation to extend FRAND licenses to its cellular standard-essential patents (SEPs) to rival chipset makers. In its reply brief in support of its motion (that post also contained a link to Nokia's brief), the FTC had already reserved the right to request leave to file such a reply since Nokia's brief was filed just on the eve of the FTC's reply to Qualcomm's opposition.


FRAND and standard-essential patents (SEPs) are highly detrimental in the domain of software as they're inherently not compatible with Free/libre Open Source software (FOSS/FLOSS). The EPO doesn't care however. Under the leadership of Campinos the EPO promotes software patents more often than ever before. It's rather disturbing to watch their Twitter account. From yesterday alone we have two different tweets (if not more) that implicitly advocate software patents in Europe. First we have Battistelli's French "economist" (i.e. pseudo-'scientist') promoting software patents using familiar buzzwords. "For the patent system," it says, "the Fourth Industrial Revolution has opened up a new era. For more from our Chief Economist's recent speech on the topic, click here: http://bit.ly/AIpatents"

This, in turn, links to the "AI" nonsense (buzzwords that can refer to just about any algorithm). Once again, on the same day, the EPO promoted such patents under the guise of "AI". To quote the tweet: "What are the main challenges in drafting patent applications for AI-related inventions? Our panel of experts discussed: http://bit.ly/AIconf"

Suffice to say, this is against the rules of the EPO (or the EPC), but they bypass the rules and break the laws without any implications. European politicians don't seem to care.

Meanwhile, Herbert Smith Freehills LLP's Jonathan Turnbull, Krishna Kakkaiyadi and Julie Chiu published this piece titled "EPO publishes 2018 revision of Guidelines for Examination directed to computer-implemented inventions" (what the EPO calls software patents). To quote:

The EPO has recently published the 2018 revision to its Guidelines for Examination, which are generally updated annually to take into account developments in patent law and practice. For a complete list of sections that have been amended this year, please see the EPO’s website here. These new Guidelines will come into effect on 1 November 2018.

Notably, some of the key updates this year concern Part G, Chapter II, 3.3-3.7: these provisions outline the exceptions to patentability under Article 52 of the European Patent Convention (“EPC“), including mathematical methods, business methods and programs for computers. Claims directed to such subject matter would normally not be patentable, but the updated Guidelines elaborate on the types of claims which still might be eligible for patenting, and provide concrete examples of such eligible claims.

[...]

Nevertheless, these developments have to be seen alongside the other efforts being taken by the EPO in ensuring that European patent law remains suitable and robust to tackle computer-implemented inventions. In May 2018, the EPO held (for the first time) a conference on patenting Artificial Intelligence and soon after, in June 2018, the heads of the five largest patent offices (USPTO, EPO, JPO, the Korean patent Office and the State Intellectual Property office in China) re-emphasised the impact of AI on the patent system as one of their “main strategic priorities“. In December 2018, the EPO will host a conference on the patenting of blockchain-based inventions.

These recent developments are indicative of the EPO’s proactive response towards the changing technological landscape, and a willingness to engage with and potentially grant patents for computer-implemented inventions such as AI- or blockchain-enabled technologies if they meet the applicable criteria.


So the EPO lost all legitimacy on patent scope. Quite flagrantly it ignores the European Patent Convention and disregards a European directive. The EPO is just above the law. They openly tell candidates for examination (of which there are none; there's a permanent hiring freeze) or current examiners (while they last or manage to survive) to grant such patents and they just say to applicants that it they include terms like "AI" or "blockchain" or some other nonsense, then they'll be granted a patent on algorithms.

This isn't even a legacy of Battistelli alone; had Campinos shown interest in genuine patent quality (never mind actually obeying the rules and the law), he would stop this, not accelerate it as he does.

In the interests of 'production' (low quality of patents as priority) the EPO further limits access to facts, to oppositions, to appeals etc.

Joanna Rowley (Haseltine Lake LLP) has just published this article:

New EPO Guidelines On The Issuance Of A Summons To Oral Proceedings As The First Action In Examination



A summons to oral proceedings before the Examining Division is usually only issued after at least one examination report – if not several – has been issued. However, last year the EPO revised the Guidelines for Examination to state that the Division may issue a summons to oral proceedings as the first action in examination after issuance of the extended European search report, albeit only in exceptional cases.


So they cut some more corners, except "in exceptional cases."

Great resurgence of patent quality or just further deterioration (which also makes more staff redundant)? Remember that examiners' contracts are now time-limited, so not even layoffs per se are needed; Campinos can just patiently wait for their work contract to expire (unless they leave earlier or get fired under strange circumstances, as some do).

Not only software patents are the problem; the EPO also continues to double down on patents on nature. Want beer? Sorry, that's patented. The beer and the seeds it's made from. Under Campinos this disturbing policy was recently reaffirmed and there's this new article about a 'compromise':

A second patent granted to Carlsberg and Heineken related to conventionally-bred barley has been reduced in scope by the European Patent Office (EPO).

The patent, which covered conventionally-bred barley, its usage in brewing and the resulting beer, and is now restricted to plants with a specific mutation which can influence the content of these flavours.

This is the second patent of this type that has been reduced in scope by the EPO following pressure from lobbying groups.


So they still allow patents on life and nature; as if people invent nature by manipulating it a little.

Recent Techrights' Posts

The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026