Bonum Certa Men Certa

The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

Ignorance is bliss

Antonio Campinos



Summary: The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value

WE ARE very thankful for 35 U.S.C. €§ 101/Alice/Mayo (SCOTUS). Earlier today we asked for recent examples of court outcomes that can overturn/overrule 35 U.S.C. €§ 101 precedents. We got none. Nothing of high importance/level (higher courts) and/or precedential. Nothing since Valentine's Day of 2018 (Berkheimer). The U.S. Patent and Trademark Office (USPTO) and the ITC are managed by patent maximalists like the EPO's António Campinos, who is promoting software patents in Europe. But what has far more weight is a combination of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which are still effective at squashing software patents in the US, and the Federal Circuit affirming PTAB much of the time and correcting (overturning) district courts if they tolerate software patents. I've put links about it in Techrights daily links. We try to focus on the Linux Foundation and the EPO instead. Our battle against software patents has been partly successful in the US, but not in Europe. Not yet anyway.



"Apparently, everything (or just about anything) software or code or computer or machine or algorithm is "AI" now."Focusing on Europe, as usual, yesterday we caught the EPO tweeting about "blockchains" again (i.e. illegal patents that the EPO keeps granting in defiance of caselaw, EPC, instructions from European authorities and demands from software professionals).

"Have a look here to learn how patent professionals are navigating the changing landscape of blockchain," the EPO wrote, linking to the usual nonsense.

Also yesterday (nighttime) Managing IP published 3 new articles. The first said “Argentina’s trademark updates continue clumsily” and readers can guess what they mean by “clumsily” (not as profitable for us and our clients). So says a headline of a lawyers’ front group, funded by law firms to masquerade as a news site and grant them awards, puff pieces, lobbying events...

On the same night the site resumed promoting software patents disguised as "AI", alluding to its "US Patent Forum" as follows: "Conversations around artificial intelligence (AI) innovations concluded with more questions than answers at Managing IP’s US Patent Forum in New York City on April 4."

"So the USPTO basically continues granting patents which it knows in advance courts would reject."Apparently, everything (or just about anything) software or code or computer or machine or algorithm is "AI" now. It's a passing fad, surely, which faded away before (the term ot the concept is hardly new). Then the site promoted this sheer nonsense about patents on "tech and life sciences" (they mean software and nature/life). This article is thoroughly false as its title (yet again) claims "USPTO eligibility guidance could create consistency" even though the opposite is true (judges throw out patents while puring cold water on Iancu).

So the USPTO basically continues granting patents which it knows in advance courts would reject. This is the same thing the EPO is nowadays doing. This is one of the many reasons examiners have complained for about half a decade.

"It's like a copy of the EPO's press release, which was dishonest."IPPro Magazine's Rebecca Delaney has just published this article that's a puff piece (as it's not Barney, her colleague). It's like a copy of the EPO's press release, which was dishonest. We wrote about it yesterday, stressing that the EPO is again offering money for sellout 'scholars' who produce propaganda disguised as 'research' in an effort to “encourage more academic research” (to use their words).

Research like what? How wonderful patents on pigs, figs and seeds would be? As recently as yesterday we saw patent maximalists like Andrew Bentham (J A Kemp) not caring about common sense, only litigation euros, even over patents on life itself (and nature itself). In Mondaq J A Kemp published (probably for a fee):

Recent weeks have seen important developments in the debate on patent-eligibility of plants in Europe, with the EPO's Boards of Appeal and its President, Administrative Council and member states pulling in opposite directions. The President has now referred questions, published today, to the Enlarged Board of Appeal, but the admissibility of the referral is uncertain, so it is unclear how or when the Enlarged Board will react. Applicants in this field will therefore face further delay and uncertainty. More generally, this is also a highly unusual, polarised situation that highlights the potential for conflict between different branches of the European patent system. Fortunately, however, this issue only directly affects some plant-related applications, not all that generally relate to plants in some way.


Rose Hughes also wrote about it yesterday (third time in recent weeks!) to say:

The President's referral follows swiftly from the Board of Appeal (BA) decision in T 1063/18 (Pepper). For the full background to the case see IPKat post here. In summary, the EBA found in G 2/12 (Broccoli/Tomato II) that Article 53(c) did not exclude plants produced by essential biological processes from patentability. The European Commission subsequently issued a notice of the (non-legally binding) opinion that the biotech directive excluded plants produced by essentially biological processes from patentability. In response, the Administrative Council (AC) amended Rule 28 EPC to explicitly exclude plants produced by essentially biological processes from patentability.

The BA in T 1063/18 (Pepper) found that the AC's interpretation of Article 53(b) EPC by amendment of Rule 28(2) EPC was in conflict with the prior interpretation of the Article by the EBA in G 2/12 (Broccoli/Tomato II). The Board in T 1063/18 (Pepper) found that the AC Rule amendment was void. The Board in T 1063/18 (Pepper) also did not feel it necessary to refer the issue to the EBA, reasoning that the EBA had already decided on the question in G 2/12 (Broccoli/Tomato II).


Sadly, EBA cannot rule as it sees fit as per the law; there's a risk involved, having witnessed the fate of Judge Corcoran, their former colleague (back in the days before the exile to Haar, which is rightly perceived as collective punishment and a stark warning).

"...the EPO is again offering money for sellout 'scholars' who produce propaganda disguised as 'research'..."A comment was left yesterday to speak about the defunct EPO structure: "It will be interesting to see how independent from the president and the AC the members of the BoA and of the EboA are under the new performance evaluation system which has a direct influence on their reappointment."

People aren't forgetting. The above site (IP Kat) has also just published an article for the notoriously aggressive law firm the EPO hired to stalk and bully me (Mishcon de Reya). Rosie Burbidge published for these thugs something about "IP [sic] and the gaming industry". Yesterday I got a couple more threatening letters asking me to remove articles -- a request I strongly reject. I will say more on that sooner or later as we examine and consult people who know how to handle it.

"Yesterday I got a couple more threatening letters asking me to remove articles -- a request I strongly reject."The book in question does not mention "IP", but Mishcon de Reya interjected this nonsense into the headline. There is no such thing as "IP", but yesterday the EPO wrote: "University spin-offs need access to the relevant IP early on."

I responded by asking: "Did you mean to write patents and then some PR person or lawyer rewrote it?"

That misleading propaganda term is again supposed to make us think that patents are rights, are property (hence "property rights") and are granted some magical power for being "intellectual" (are plants and seeds intellectual even though they had existed in nature since before humans even existed?). We're supposed to think nature itself is science.

"That misleading propaganda term is again supposed to make us think that patents are rights, are property (hence "property rights") and are granted some magical power for being "intellectual" (are plants and seeds intellectual even though they had existed in nature since before humans even existed?).""We'll be discussing the business advantages of IP," the EPO also wrote a short time apart, "illustrated by the story of a successful SME, at this event in Bucharest..."

Here are some more "IP" tweets from yesterday, some with "IP" in their hashtags too.

We're guessing that the EPO will resort to more two-letter acronyms like PR, IP and AI because that's about short enough for the mental capacity of Team Campinos, a team led by a former banker with zero background in science and several of his former colleagues.

Recent Techrights' Posts

IBM 'Value' Fell 20%, The Executives Took Bonuses and Bonus Hikes
IBM is paying more and more money to the executives
More Information on IBM Red Hat Layoffs in April 2026, Hundreds of Skilled GNU/Linux Engineers Laid Off (300+ Simultaneously)
How long can the corporate media ignore IBM layoffs for?
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
 
Three Years Ago We Disconnected From the United States, Now France Does the Same
Maybe in the coming months France will recruit loads of UNIX/Linux specialists
While Thousands of EPO Workers Are on Strike the President of the EPO, Who Bribes His Voters, Gives Himself Millions of Euros and 5,000 Euros Per Month in Housing Allowance
Campinos is immune, inherently corrupt, and habitual briber of his 'voters'
IBM and Red Hat Whistleblowers Versus a Dying Fourth Estate (Journalism Seems to Have Died as Silently as IBM RAs Go)
What a crazy world we live in!
Slopfarms We Forget About Because They Silently Die
The hard reality (for slobs and sloppers) is, slopfarms have no future
Gemini Links 10/04/2026: Flexiveganism, What Happened to Twitter, and Algorithm Fetishes
Links for the day
Links 10/04/2026: Indonesia's Social Control Media Bans Extend to Google YouTube, "I.M.F. Says Iran War Will Drag Global Growth Lower"
Links for the day
Media Blackout Regarding Mass Layoffs at Red Hat
To be very clear, what happened is certainly real
SLAPP Censorship - Part 42 Out of 200: Getting the Very Basic Technical Concepts Very Wrong, or Where Miscomprehension Begets "Plausible Deniability"
It's difficult to argue with people over things that they do not even understand
This Coming Weekend and Next Week We'll Cover EPO Scandals a Lot, There Are Still Perpetual Strikes That the Media Intentionally Avoids Covering
Expect our focus on EPO corruption to grow again
Raw: Extensive Evidence of Red Hat's Mass Layoffs in China (IBM Meets Geopolitics)
This has nothing to do with workers' performance
We'll Never Ever Do Social Control Media, Nate Silver's Article Helps Explain Why
If you want to research and publish, stay away from it
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day
Henry Abbott (TrueHoop) Says Microsoft Taken Public by Alvin Bernard "Buzzy" Krongard (in New Interview About Jeffrey Epstein)
He has claimed that the man who took Microsoft public was a banker and also connected to the CIA (former Executive Director)
Quick Roundup of "Linux" Slop
Today we saw a slopfarm again in Google News
Links 09/04/2026: Microsoft Attacking VeraCrypt and "Canada’s New Surveillance Law"
Links for the day
Gemini Links 09/04/2026: Shopping, LLMs That Ruin the Net, and Moving to GNU/Linux
Links for the day
Links 09/04/2026: TikTok Sets Up Another Outpost in Finland (EU), "Trump Attacks On Public Media Blocked by Judge"
Links for the day
Microsoft's DevDiv Executive Has Quit (Is GitHub on the Chopping Block?)
CodePlex all over again?
Chatbots (or LLMs) Are Killing Us, and We Ought to Talk About It
We need to talk (to each other, not to bots)
Microsoft Also Fires Senior Executives
Microsoft is a very feeble company pretending to be a giant
Microsoft Windows in Ireland: From 90% to Just 16%
When it comes to Ireland's Web usage, not much of it is from Windows anymore
SLAPP Censorship - Part 40 Out of 200: Putting Forth Frivolous Claim Only a Few Days Before Running Out of Time (12 Months)
my response to a frivolous claim from Graveley
IBM Layoffs by Performance Improvement Plan (PIP) and More Evidence of Layoffs at HashiCorp After IBM Took Over
Notice how the media does not cover IBM layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 08, 2026
IRC logs for Wednesday, April 08, 2026
Gemini Links 09/04/2026: On the Radio, Boogie Notes, Slop in Search Engines and USENET
Links for the day
Countries Where Windows is Measured Below 1%
Windows' monoculture is going away
SLAPP Censorship - Part 39 Out of 200: Recycled Text for Garrett and Graveley (Buy One, Get One Free?)
perhaps thousands of pounds per hour
Microsoft Azure is Now “Perpetually on Life Support”, Even Microsoft Sites Express Concerns
Less than a decade ago Microsoft-connected sites kept saying that AWS was doomed and Microsoft would replace AWS with Azure
IBM's Fedora Project Sees Sharp Increase (Over 25%) in Code of Conduct Complaints, i.e. Censorship Demands
Remember that IBM lawyered up against its own community in an effort to shut down a site critical of it
Malicious Bots
Tackling corruption in the world is never easy
Slopfarms Marginalised, Some Suspend Operations
some people who become lazy and prompt LLMs are just signalling that they throw in the towel
Gemini Links 08/04/2026: "Managing Dotfiles with GNU Stow" and "Observations on Blocking Various Webbots"
Links for the day
Links 08/04/2026: GAFAM "Abandons Multi-Billion Dollar Data Centres in US as Investors Demand Energy, Water Usage"; Artemis II Astronauts Updates
Links for the day
Links 08/04/2026: Dems Call for 25th Amendment Remedy, Bill Epsteingate Summoned in Jeffrey Epstein Investigation
Links for the day
A Lot of Law Firms Are Collapsing
There has been a lot of discussion about this lately
IBM Red Hat Profited From 5+ Weeks of War in Iran
remember that IBM's current CEO comes from a military family (on both sides)
Associated Press Failed Financially, Now It's Offloading What's Left to Slop (How Sites Die 'Cheaply')
LLMs are not intelligent or any form of intelligence, they are just falsely marketed as such
Microsoft Shares Down 35% in 5 Months, Executives Leave Microsoft
Many people leave (or flee) Microsoft because, seeing what goes on insider, they know what's coming
Are Some Obscure or Chinese Operating Systems (Like Huawei's) Taking Over in "Unknown" Clothing?
statCounter still cannot detect many operating systems
SLAPP Censorship - Part 38 Out of 200: Advertisement or £10,000+ Classified Ad in the Form of Court Filing in Another Continent
Graveley fancies himself some world-renown something
Software Freedom is Closely Connected to Privacy
privacy can be a matter of life and death
What Communities Mean and Look Like (If They're Effective and Focused)
Last week we wrote about this in the context of distros and alleged "inclusion"
April 2026 FSF LibreLocal Concludes in Atlanta
Happy Hacking
Gemini Links 08/04/2026: GPG Symmetric Encryption and Slop in USENET
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 07, 2026
IRC logs for Tuesday, April 07, 2026