Bonum Certa Men Certa

The EPO Continues to Grant Software Patents Even Though Many European Patents Are Being Invalidated Already

The legal certainty associated with European Patents is rapidly ending

USS EPO



Summary: "Strong patents aligned with a company's products help secure exclusivity in core markets," the EPO wrote yesterday. The EPO, however, is no longer a place for strong patents (certainly not anymore) because its patents are of low value, low legal certainty, and work is poorly researched (examiners not given sufficient time to do the work properly); the EPO just lowers the bar and violates the EPC in the process, hoping to replace the courts so as to mask this gross violation

LAST WEEK we gave almost a handful of new examples wherein European Patents, granted by the European Patent Office (EPO), were thrown out by courts, including the highest British court. The new President doesn't seem to care. To the credit of the EPO's examiners, some of them also threw out patents after oppositions; but they, like the appeals' processors (not the same thing), do not enjoy independence from this President and they're grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly).



GenomeWeb has another new reminder that patent quality suffers. Even the EPO itself can admit this:

The European Patent Office has revoked a patent held by Pacific Biosciences, the company's rival Oxford Nanopore Technologies said today.

Oxford Nanopore had challenged the validity of the patent, EP3045542, titled "Methods for nucleic acid sequencing," which was granted in 2016.


2016 means under Battistelli at the height of all the scandals.

"To the credit of the EPO's examiners, some of them also threw out patents after oppositions; but they, like the appeals' processors (not the same thing), do not enjoy independence from this President and they're grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly)."At the turn of the new year I was personally alarmed to learn just how bad things had become at the EPO. And almost nobody talks about, certainly not the corporate media. I decided to throw aside coverage of American affairs in favour of EPO stories (this is the fourth one so far today). The newly-confirmed buyer of Red Hat, IBM, is pushing for "AI" patents in Europe -- the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament. Less than a day ago Patent Docs advertised for the patent extremists at the Intellectual Property Owners Association (IPO), notably backed by IBM (with a dedicated "task force" for software patents), who prop up the Berkheimer lie. Among the bulletpoints there: "Finjan, Inc. v. Juniper Network, Inc. (N.D. Cal.), where the court ordered the section 101 invalidity defense be decided at trial, but the ultimate jury instructions and verdict form did not address Section 101" (this horrendous patent troll has USPTO-granted patents passed to it by IBM).

"The newly-confirmed buyer of Red Hat, IBM, is pushing for "AI" patents in Europe -- the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament."Also less than a day ago Watchtroll published an interview with "Mark Ringes, Vice President and Assistant General Counsel for IBM, and Manny Schecter, Chief Patent Counsel for IBM" -- an interview in which they're denying that patent trolls are a problem ("just noise" is what they say) because IBM itself acts like a patent troll. They now bring that very same agenda to Europe. The same patent maximalists' site that recently revealed IBM proudly promotes this "AI" agenda in Europe (algorithms as "AI") has caught the eye of FFII. "It is a computer program," FFII's Benjamin Henrion wrote yesterday, alluding to this text: "Which is a problem for AI patentability because the technology is seen by some as pure mathematical methods and nothing else."

Henrion had also taken note of some new event [1, 2, 3] about "AI" patents. "Here’s what you need to deliver as inputs for your patent attorney to protect an AI-related invention," one tweet said, along with Bastian Best "discussing levels of abstraction for patenting AI-related inventions #AMLD2019. He even prepared a 20-page document describing how to write the perfect invention disclosure report."

"So highly successful European/French software projects -- this one with over 3 billion downloads -- are at risk due to software patents."Best is still promoting software patents (in Europe) as he has done for like a decade (even picking a Twitter username to that effect, "swpat"). Another person was "discussing EPO practice wrt AI-related inventions..."

These are all just patents on algorithms -- clearly in defiance of the EPC. Courts would not accept these.

"VLC is constantly receiving patent threat letters," Henrion wrote, "ignoring them for now, and the UPC will change the whole EU situation, French courts won't have to power to reject EPO software patents anymore..."

So highly successful European/French software projects -- this one with over 3 billion downloads -- are at risk due to software patents. They're being threatened in Europe and patent attorneys (like the ones above, boosters of "AI" patents) typically also lobby for the UPC, in an effort to bypass national courts.

As of yesterday, the EPO carries on with the usual, promoting illegal software patents using hype waves like "blockchain" (just software basically). It wrote this: "What does the future of #blockchain and its impact look like?"

"The more software patents the EPO grants, the worse its reputation will get."Crowell & Moring LLP's Kristof Roox, Geert Bogaert, Steven Verbeke and Linh Truong have just written about another (albeit similar) trick for legitimising software on computer vision (software and mathematics, geometry), citing the "European Patent Office's Study on Patent Applications for Self-Driving Vehicles Technologies in Europe". They all push for patents on algorithms by calling these something else, typically 'hot' and 'trendy' acronyms that circulate in the media (perpetuating the concept of them being 'innovative').

Yet another conference pushing software patents in Europe was advertised at the start of this week, with the press release saying "Patent Protection for Software-Related Inventions in Europe and the USA", then elaborating with "Examples and approaches for protecting software and computer-related innovations, taking into account the unique requirements in the US and Europe..."

Then came another with the same title. The more software patents the EPO grants, the worse its reputation will get.

Recent Techrights' Posts

'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
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
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
 
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
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
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"
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
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
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
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day