Bonum Certa Men Certa

EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

Everything under the sun becomes a European Patent

Snow under the sun



Summary: The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either

THE New€® and Improved™ President of the European Patent Office (EPO), António Campinos, has done absolutely nothing to curtail patent trolls and improve patent quality. Nothing whatsoever. He arguably made things even worse, exacerbating quality as brain drain persisted and quotas were raised.

"...the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving")."Another day passes and we have yet another example of EPO management promoting software patents in defiance of its governing principles/document. As we noted last week (and yes, it's happening again), the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving").

The latest tweet about it isn't as vague as the previous one because they've just added "CII" when they wrote: "We will be looking at computer-implemented inventions in #MedTech and discussing the value of patents for SMEs at this event in Sweden..."

They still use "SMEs" to pretend it's all about the "small guy", not just "health".

"We have discussed the challenges of drafting and prosecuting patent applications for AI inventions," the EPO then wrote, in effect propping up software patents in Europe (see our older writings about this ‘artificial intelligence’ (AI) hype).

This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli.

"This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli."D Young & Co LLP's Anton Baker now celebrates the granting of bogus European software patents under the guise of "AI"; this deviation from the law is rebranded "certainty" ("Patenting AI: certainty at last from the EPO?"); that's is quite a joke! There's no certainty in actual courts; rather the opposite. Lexology's paywall obscures most of this nonsense, but it starts as follows: "In recent years the importance of artificial intelligence (AI) and machine learning (ML) has grown relentlessly as its application has spread..."

No, a lot of things that used these techniques for a number of decades just rebranded accordingly, mostly for marketing gain and patenting loopholes. This article is from a firm which describes itself as "European intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights." That's just Team UPC's mentality. It's that familiar mindset of patent maximalism with increasing litigation in mind.

"A lot of these patents would be rendered invalid by courts (if challenged there)."We said we would no longer cover US affairs unless software patents make a comeback. Thankfully, that's not happening. Bogus software patents continue to perish in the US and Charles Bieneman has several new examples of US courts rejecting software patents [1, 2]. We've come across several more.

A lot of these patents would be rendered invalid by courts (if challenged there). Joost Duijm has in fact just written this article about a European Patent that's on shaky ground in the domain of medicine; A German court rejected this European Patent, whereas a Dutch court reaches another decision. Only lawyers benefit from this questionable presumption of validity and return to court. To quote:

On 16 January 2019, the District Court of The Hague ruled that the Dutch part of Eli Lilly and Company’s patent EP 1 313 508 is valid. The judgment was handed down in an invalidation action brought by Sandoz International GmbH.

[...]

At the end of the decision, the Dutch Court explicitly refers to the German decision by the Bundespatentgericht (BPG). The Dutch Court says that it is aware of the fact that it comes to a different outcome than the BPG. The Dutch Court suggests that this might be because the Bundespatentgericht based its decision on (partly) different (combined) prior art than the art in the Dutch proceedings, and because the debate at the BPG also seems to have been different on other points.


What will happen to all those software patents if or when they land in court? Florian Müller recently wrote about Blackberry's exploitation of highly dubious European Patents on software. Yesterday he carried on by writing: "Today the Seventh Civil Chamber (Presiding Judge: Dr. Matthias Zigann) held a first hearing in a BlackBerry v. WhatsApp & Facebook case that is part of a set of eight Munich patent infringement actions--over five different patents--against Facebook and its WhatsApp and Instagram subsidaries. The patent-in-suit discussed today: EP1746790 on a "method of sharing an Instant Messaging history." It's undoubtedly a pure software patent, and Judge Dr. Zigann noted, diplomatically, that such patents are "at the margins of the scope of patent-eligible subject matter." However, the focus of first hearings in Munich is on claim construction and infringement analysis (so the parties can prepare accordingly for the second hearing, which is normally a decisive trial), not on validity."

"So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage."BlackBerry, probably inspired by the likes of Qualcomm, wants a German injunction; so software parent grants are now causing ridiculous embargoes (or attempts at embargoes) over rather basic implementations that are neither novel nor original. Blackberry lacks a real business strategy; as Benjamin Henrion has just put it: "Blackberry vs NTP was the lawsuit that created the "patent troll" term back in 2006, now failed Blackberry is turning into a troll, what a surprise."

He then mentions Nokia, which Microsoft turned into a troll.

Müller has complained to me that corporate media isn't covering the case. The EPO certainly wouldn't want this noticed; watch what it published late on Friday as its weekly "highlight": it's this ridiculous fluff: (warning: epo.org link)

The EPO's art collection comprises some 800 works. Founded in 1980 and dedicated to emerging art, the collection aims to provide a link to society and, at the same time, to enhance the workplace for EPO staff and reflect its multicultural nature.


So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage.

Recent Techrights' Posts

IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026