Bonum Certa Men Certa

The EPO Technical/Enlarged Board of Appeal Would, Potentially (If It Enjoyed Actual Independence), Serve a 'European Alice' and Eliminate All/Most Software Patents in Europe

Original/full (see the part about AMBA below): English [PDF] | German [PDF]

Boards of Appeal concern



https://twitter.com/ManagingIP/status/857998331263549440

Summary: For over half a decade the judges at the EPO have lacked the independence they need to appropriately govern patent scope; this is a very serious issue because it means that EPO corruption might in fact be the principal barrier in the face of software patents' abolition

SEEING that the United States now deals (at the highest level) with copyright cases and no patent scope cases (fee shifting does not interest us much, but that can definitely imperil patent trolls), we will press on with our ever-increasing focus on the European Patent Office (EPO). It seems safe to say that nothing is going to change the status quo when it comes to software patents in the US, at least for the time being. Rather than delve into inter partes reviews (IPRs) and Federal Circuit cases (a few mentioned in our daily links this morning; US patent news has been relegated to this), patent maximalists obsess over Patent Trial and Appeal Board (PTAB) interactions with examiners regarding mere applications. Focus on what they distract from, not what they distract with. As always. Lies by omission are in law firms' toolbox of the 'trade'.



In Europe, unlike the US, software patents are still a major issue. The EPO advertises these every day, at the very least in Twitter (sometimes elsewhere, too). Florian Müller, who had campaigned against such patents a decade and a half ago in Europe, recently told me that he found these EPO tweets disturbing.

"In Europe, unlike the US, software patents are still a major issue. The EPO advertises these every day, at the very least in Twitter (sometimes elsewhere, too)."Team UPC and boosters of software patents in Europe (like Janal Kalis in another continent) took note of what could, in theory, become somewhat of a European Alice (35 U.S.C. €§ 101/SCOTUS), at least at the EPO level (not European courts, which António Campinos lacks control over). It would be very tricky for Campinos to simply ignore BoA, let alone smack some more judges in acts of overt retribution.

This is what "Patently German" (calling himself after patents) wrote a few days ago about the 'simulation' patent (actually a computer program):

The outcome of the referral has in my view implications far beyond simulation programs, for example also to inventions based on machine learning (ML). If you replace in the referral questions “simulation” by “machine learning process”, the same issues arise.

There can be no doubt: If the first two questions of the referral are not answered in the affirmative by the EBA, applicants of various types of computer-implemented inventions in Europe will be in trouble.


So even the software patents zealots acknowledge the importance of this referral, warning that a particular outcome could and would sweep away "various types of computer-implemented inventions [i.e. software patents] in Europe..."

"So even the software patents zealots acknowledge the importance of this referral..."I've come across only a few more posts/articles like the above. Certainly there are more on the way because of the possible ramifications. Coverage will, without a shadow of a doubt, be dominated by the patent microcosm. We wrote about it twice before [1, 2] (citing only the patent microcosm), noting in particular the judges' lack of independence since the start of the term of Campinos. Even the judges admit this and bemoan this. Can they rule in defiance of patent maximalists without putting at jeopardy their job (or extension of tenure)? No, not as things stand. As "EPO Observer" put it a short while ago in this comment: "Haar has been chosen on purpose to remind the board members that they would pay the consequences of unwelcome decisions. So I expect the reminder to work and the members of the Enlarged Board to take the right (for the management decision) , confirming the lawfulness of the relocation to Haar." Remember what happened to Judge Corcoran (hospitalisation). There are some more new comments of interest there. It's all about the lack of the Boards' independence and SUEPO linked to this earlier this week. The EPO has long been a dictaorship and one that violates its own rules.

The above speaks of the Enlarged Board of Appeal, but the same applies to the Technical Board of Appeal.

"If only European people were as active in their opposition to abstract patents as they are in opposition to the copyright 'reform' in the EU..."European software patents need to be buried once and for all, not just in the US but in Europe, too. If legal certainty associated with such patents gets obliterated (like in the post-Alice US), there will be no more lawsuits -- or far fewer lawsuits -- not to mention fewer such applications. Nobody really wants or needs patents that are duds. Even as 'trophies', these can be very expensive to earn and maintain. They're hard to sell, too.

We certainly hope that the situation w.r.t. software patents in Europe might change some time soon. The sad thing is, programming gurus and habitual programmers don’t seem bothered enough to protest, let alone speak out. If only European people were as active in their opposition to abstract patents as they are in opposition to the copyright 'reform' in the EU -- a subject Florian Müller has been covering a lot lately (with much impact)...

Recent Techrights' Posts

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
 
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day