Bonum Certa Men Certa

Today's EPO Envisions a Europe of Patent Trolls, Not of Science and Technology

Litigation rather than innovation (good for lawyers)

Marks & Clerk



Summary: The rapidly-declining quality of European Patents (EPs) would necessarily flood the market with patents that are good for nothing but extortion (as actual lawsuits would have these patents voided by judges); this means that non-producing actors are set to benefit the most, whereas small companies should prepare for a lot of harm (legal costs)

THE quality of European Patents (EPs) worried us for quite some time, predating António Campinos and even Battistelli, in particular because of software patents. Things have gotten worse over time. Today's European Patent Office (EPO) very openly and shamelessly promotes software patents in Europe, calling them "AI" or "CII" or "ICT" or "IoT" or "4IR" or whatever (there are over a dozen buzzwords like these, usually cryptic acronyms).



We aren't against patents, not as a whole and not per se, either. We're pro-patent quality, that's all. No need to settle or go to court over patents that judges would not annul, as per the law. Examiners feel the same way, judging by the petition many of them signed last year. Earlier this week we saw this press release:

... notified by the European Patent Office (EPO) of its intent to grant the Company a new patent (EP3325623) covering the combination of AsiDNA™, Onxeo’s first-in-class agonist of the DNA Damage Response (DDR) , with any PARP inhibitor (PARPi), in all countries of the European Union (EU).


DNA?

Remember when the EPO granted patents on physical things? Actual inventions, not just lives (nature) and code (mathematics)? Back when the EPO actually cared about patent quality, seeing it as a top priority? Now it's just a trolls' granting (for litigation pipeline) machine. Earlier this week the EPO took note of the first EP ever granted (warning: epo.org link): "EP 0 000 001 was only one in a batch of 112 applications published on that day. Others included a "Combination lock" (EP 0 000 003), a "Lifting device" (EP 0 000 008), and a "Method for the manufacture of amino-formaldehyde resins" (EP 0 000 096). They came from applicants based in Luxembourg, Sweden, the UK, the US, Japan and other countries."

Notice how those are physical, concrete inventions. And these went to actual inventors.

Earlier this week the patent trolls' lobby mentioned how Nokia's patents had ended in the hands of patent trolls. "It was owned by Nokia," IAM wrote. "They transferred it to an NPE in 2017. Now it’s being sold. There are 3,500 families, so a lot of patents."

The subject was brought up here. "Prior to this headline," Florian Müller, "I wasn’t aware of Nokia planning to divest a huge patent portfolio. Could be an interesting deal."

The said article dubbed it "news of a huge Nokia patent disposal."

"New Nokia portfolio for sale is the largest open market patent deal in telecoms since Nortel and could provide a guide to how attractive the IP sector is to private equity funds and other investors," it says further down.

As a reminder to our readers, Microsoft had instructed Nokia to pass patents to patent trolls (e.g. MOSAID/Conversant) which then attacked Linux, i.e. Microsoft's competition.

Is this actually beneficial to Europe? Or to innovation?

Now, going back to the EPO, here is what it wrote earlier this week: "The main challenge for patent offices from AI will be its rapid growth across a range of technical fields. More on how the EPO is well prepared to face this challenge here: http://bit.ly/AIpatents"

"AIpatents" are just software patents. Applicants just start calling lots of algorithms "AI" (which in itself is algorithms anyway) and the EPO then grants fake software patents. At around the same time the EPO wrote:

Few inventions in the 21st century stand to have as great an impact as self-driving vehicles. This study provides a comprehensive picture of current trends & emerging leaders in self-driving vehicle technologies. http://bit.ly/SDVstudy #FutureOfCars #SelfDriving pic.twitter.com/AJC6zuRNNF


The EPO is mostly advertising patents on computer vision here, i.e. algorithms or software patents. It added: "Drawing on the most recent data from the EPO & incorporating advanced technology expertise, this study is a unique source of intelligence for policymakers and industry leaders looking to understand changes in the #selfdrivingvehicles sector..."

"SDV" is just their latest buzzword (among many). How about "Blockchain"? The EPO invited very notorious patent trolls (still active, based on IAM) to its panel on the topic. There are two aspects to that; one is management of patent data and the other is patenting of blockchains (techniques pertaining to these). Regarding the former, IP Kat's Tian Lu has just published this article about (mis)use of "Blockchain" by the litigation 'industry' (not examination even):

Blockchain technology, for all its merits, is not (that) new. This Kat believes that even before all the above-mentioned Courts’ nice initiatives, parties could submit any forms of evidence they preferred, which of course could include the blockchain-related evidence. In other words, China does not suddenly give the green light towards blockchain authenticated evidence nor does it give a total and unconditional acceptance. The blockchain evidence, as a type of electronic data, must fulfill the legal admissibility requirements on evidence in general, with no exception -- the Chinese courts retain an open and neutral stance in this sense.


It's all about lawsuits, as usual. The EPO became all about lawsuits and it's imitating China when it comes to patent quality. This is a dangerous recipe. Do we want a Europe full of Nokias or full of patent trolls like the ones it's nowadays arming? Ericsson does the same.

Recent Techrights' Posts

openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
 
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day