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

Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
 
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026