Bonum Certa Men Certa

T 0489/14: Will the European Patent Organisation Put an End to Software Patents at Long Last?

A shocked Battistelli



Summary: Another upcoming opportunity for the EPO’s Boards of Appeal to say "no" to software patents; sadly, however, the judges lack the independence they need

THE U.S. Patent and Trademark Office (USPTO) is still coming to grips with courts' consistent rejection of software patents. We're still seeing new reports of yet more US patents (granted by the USPTO) that the Federal Circuit rejects based on 35 U.S.C. €§ 101. So does the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) are growing in number. Anticipat has been trying to spin it all by selective (cherry-picked) statistics, but the trend is rather clear and we shall say more about it in our next post.



Yesterday afternoon Scott King and Matthew Hoyles at Kluwer Patent Blog wrote to say that "Computer implemented simulations referred to the Enlarged Board of Appeal" (the term "computer implemented" means algorithms).

Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the EPO’s Enlarged Board of Appeal do not come around often, referrals in the area of computer technology even less so.

The purpose of referrals to the Enlarged Board of Appeal is to prevent divergence and/or provide clarity on the implementation of the law.


The Enlarged Board of Appeal of the European Patent Organisation (EPO) has another chance to thwart European software patents, but it's tightly controlled by Team Battistelli/Campinos, so don't expect that to happen.

"It shouldn't be assumed that "Remain" means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come)."Yesterday the 'geniuses' at the PR department were still promoting software patents while calling these "CII" because they're banned. "The next study visit taking place in The Hague will focus on peculiarities of CII-related patent applications and the challenges they pose in search and examination," they wrote. Hours apart (earlier on and for the second time in one day) the EPO pretended to itself that it can grant such patents just by framing/describing these as "CII" (because they're banned/verboten without such buzzwords). The EPO wrote: "Which computer-implemented inventions in #medtech can be protected by patents and how?"

They're using "medical" and "SMEs" to distract from the fact that these are algorithms.

Proponents of software patents try to bypass the courts or create new ones that are questionable because of the way they operate. The UPC's chances got even slimmer/prospects worse, as we explained a day ago; there's growing uncertainty about what will happen (if anything at all) to Brexit. Nevertheless, Aurélia Marie (Cabinet Beau de Loménie) and Phil Burns (Wrays) continue to pretend that the UK already left the EU. Never mind if there's no Brexit, at least not yet (if ever). Lexology published this: "The UK can decide to halt the process without consent from the other 27 EU States and stay in the EU at any time up to Brexit Day."

It shouldn't be assumed that "Remain" means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come). The UPC's collapse means that the Enlarged Board of Appeal is here to stay; its decision on T 0489/14 will matter.

Recent Techrights' Posts

SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
 
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
Legal Letters Are Not Postcards
It seems like intimidation, nothing more
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026