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

Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
 
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026