Bonum Certa Men Certa

Lack of Justice at the EPO Continues to Usher in Fake Patents on Abstract Things

The three Frenchmen who spit on the European Patent Convention

The three Frenchmen



Summary: Signs suggest that the EPO keeps granting software patents like there's no tomorrow and in the meantime there's challenge over the legitimacy of decisions issued by the Boards of Appeal (including the Enlarged Board of Appeal) since 2014 when a colleague was illegally attacked by Battistelli

THE situation at the American courts is encouraging. We're pleased to learn that software patents continue to perish (even if the U.S. Patent and Trademark Office (USPTO) keeps granting some) and we post links related to that every day (under "Links"). We wish Europe already had its Alice/35 U.S.C. €§ 101 moment, whereupon the lunacy of software patents in Europe would end. EPO President António Campinos is a barrier to reform; he's another Battistelli, but he looks different (even if he too is French).



"These people are losing everything nowadays because they have bet everything on silly patents covering utterly dumb 'brainfarts'."The demise of software patents in the US is notable and it is measurable. Yesterday we saw Watchtroll's Gene Quinn pretending that Google's poor performance had something to do with patents (in "As Google’s Ad Revenue Slows, Alphabet May Soon Regret Its Anti-Patent Strategy"; it's actually about ads, not patents). We also saw this report about Watchtroll's Paul Morinville, whose fake software patents got trashed (again) by the Federal Circuit. It's hilarious. These are the very same nuts who always blame Google and anyone who disagrees with them is a "Google shill" (we wrote many articles about this ludicrous hypothesis before). These people are losing everything nowadays because they have bet everything on silly patents covering utterly dumb 'brainfarts'. It's a lot like Team UPC and its misguided investment in a rogue regime. It didn't go well, did it? Vincent Look (Womble Bond Dickinson) is apparently not aware that the UPC is dead. He has just repeated famous lies and offered bad advice. Under "What To Know In The Lead-Up To Brexit And The Unitary Patent System" he said: "Patent applicants who wish to file for a European patent and receive patent protection in the United Kingdom (UK) should consider whether they want the European patent to have "unitary" effect and be mindful of the UK's participation in the Unitary Patent system."

What "unitary" effect? There. Is. No. UPC. Need they carry on pretending that only "the UK's participation" is in doubt? Those are the two famous lies we keep pointing out.

Speaking of Team UPC, IP Kat/Bristows carries on with its series about a think tank of the litigation 'industry' (funded by big aggressors). “This session was moderated by Adam Mossoff,” said this tenth part, revealing that Koch-funded stooges are running the show (at the EPO it's patent trolls). The next part showed Paul Michel and then Team UPC's favourite, SPCs. Everything about this think tank should leave no doubts; it's an echo chamber where people come to lie to one another (music to their ears, a symphony). No opposing opinions are permitted or tolerated.

"Everything about this think tank should leave no doubts; it's an echo chamber where people come to lie to one another (music to their ears, a symphony). No opposing opinions are permitted or tolerated."Now, regarding the EPO itself, litigation is high on its agenda. We know this because we see who Campinos keeps meeting (lawyers and their front groups) and who he almost never meets (scientists). D Young & Co LLP's Hanns-Juergen Grosse has just published Double patenting - will prohibition end at last?

We wrote about it last month on several occasions. Today's EPO just wants lots and lots of utterly rubbish European Patents; judging by these upcoming seminars, the EPO is increasingly viewed as an extension of the USPTO (with low patent quality) rather than a legitimate competitor or alternative to it. Both offices nowadays use similar buzzwords as well. Consider Mondaq's latest copy of shameless self-promotion by Philip Cupitt from Marks & Clerk. He is the latest to promote bogus software patents under the guise of "AI" -- something that the USPTO has been encouraging lately. When people who don't code write about "AI" (buzzword/nonsense) it's bound to be laughable like this new piece from IP Kat and here is what Cupitt wrote (with our remarks added):

Patenting Artificial Intelligence [algorithms] At The European Patent Office



Artificial intelligence (“AI”) is one of the most exciting technologies [buzzwords] of our time. Although AI has been a field of research [and practice] for over sixty years, it is only in recent years that it has begun to realise its [full buzzword] potential.

One factor in AI’s coming [marketing] of age has been the development of new machine learning algorithms [or rebranding of these], through which a computer can learn to perform a particular task without being explicitly programmed [although this is hardly new]. The growth of machine learning algorithms has been fuelled by the availability of vast quantities of data [surveillance] from which those algorithms can learn [train], and ever more powerful computer hardware with which to process that data [so it's about scale, not innovation]. (In this article, the term “artificial intelligence” is used to refer to a broad range of technologies that includes machine learning algorithms.)

The rise to prominence of AI [media buzz] has been accompanied by a significant increase in the number of patent applications for [algorithms 'dressed up' as] AI. For example, the EPO has seen more than a fifty per cent increase in the number of European patent applications that broadly relate to [or mention the term] AI over the period from 2010 to 2014 (the most recent year for which the EPO’s statistics are available), with around six thousand such applications in 2014 [because it opened up loopholes]. Over the same period, the EPO has seen nearly a threefold increase in patent applications for so-called “core AI” technology [i.e. double-worded buzzwords].


To clarify, machine learning algorithms is an area I worked on about 15 years ago; it's hardly novel and the annotations above are "tongue-in-cheek" but pretty serious. The law firms are happy to mislead the public if that means more software patents for them to "sell" (applications/renewals/transfers) and initiate lawsuits over. Frivolous lawsuits too are something for them to profit from (the client loses, but the law firms never lose).

"The law firms are happy to mislead the public if that means more software patents for them to "sell" (applications/renewals/transfers) and initiate lawsuits over."What is desperately needed right now is a European judgment that makes it crystal clear "AI" patents are just abstract patents that are bunk, void, and nullified. As mentioned by SUEPO last month, the EPO is well aware that it's granting a lot of patents (European Patents) in defiance of the EPC. Also mentioned on Tuesday by SUEPO was this article whose comments are rather revealing. It's about the lack of justice at the EPO, whose judges were sent to 'exile'.

"Would it really be so damaging to the EPO to reverse the decision to send the Boards into exile?"

So says the first comment. Well, that would be a tacit admission that Battistelli did something illegal. Here's the full comment:

Would it really be so damaging to the EPO to reverse the decision to send the Boards into exile?

Of course, applicants might not be happy at the cost and any (short term) inconvenience associated with relocation. However, these factors would easily be outweighed by gains in the long term.

A first gain would be practical, in that applicants would again have a significantly more convenient location (with respect to travel, accommodation and local amenities) for oral proceedings before the Boards.

Another gain, however, would be much more important. That is, the Enlarged Board of Appeal would establish a precedent for reversing decisions of the EPO’s executive (the President and the AC) that do not respect the rule of law.

The AC and the President have, upon multiple occasions, effectively demonstrated contempt for the rule of law – as is evident, for example, from the plainly absurd questions referred to the EBA in G3/19. For the EPO to stand any chance of maintaining (or rebuilding) the confidence of applicants and the public, it is imperative that this situation is addressed.

Whilst it is perhaps possible that the EBA may find nothing wrong with the relocation of the Boards to Haar, they should certainly not be strong-armed into reaching that conclusion. Indeed, the EBA should be free to reach their own conclusion, even if this might cause practical problems for the EPO.

Let’s be honest, reversing the relocation of the Boards would not damage the reputation of the EPO so much as it would damage the reputation of the INDIVIDUALS (within the EPO’s management and the AC) that were involved in proposing or accepting that relocation. It might just also make the political masters of the delegates to the AC sit up and take notice of the negative consequences of turning a blind eye to the rule of law at the EPO.


How can these judges be expected to independently decide on patentability of plants and maths (as per the EPC)? Another comment says:

Interesting approach. The law is the law but if righting a wrong would cost money then overlook it?

Yes, the EPO has to be prudent with the money it receives, but committing a lot of money to an illegality is not good grounds for perpetuating it. Holding responsible those who got it wrong would be the correct procedure.


SUEPO keeps talking about the enormous fiscal toll of this 'exile' and the next comment says that the "EPO has even to pay money for this empty building: cleaning services, maintenance and I am told even penalties for the partly unoccupied canteen."

If any of our readers became aware of these penalties, please get in touch. This is new to us (if true). The full comment:

I agree with you that the EPO should treat the funds it receives with respect. However, considering the whole picture I arrive at the opposite conclusion. I am told that since the Boards moved to Haar about 1,5 years ago the oral proceedings facilities in the Isar building are barely used. The office space that they used in the Isar building is now occupied by staff formerly located in the Pschorr, with the result that half of one of the Pschorr buildings is completely empty. Apparently the EPO has even to pay money for this empty building: cleaning services, maintenance and I am told even penalties for the partly unoccupied canteen. Thus the EPO is actually wasting the money for the location of Haar plus the costs for the maintenance of it empty building and oral proceedings rooms. The relocation of the Boards is a perfect example of waste of public money. The longer it lasts the more money will be wasted. And all this for a location that neither the users nor (apparently) the staff like. Thus I hope that, whatever the Enlarged Board will decide, Mr. Campinos will end this farce and move the Boards back to one of the EPO buildings in Munich. The sooner the better.


Haseltine Lake LLP, a law firm sometimes cited by SUEPO, has just spoken of "More Work For The Enlarged Board Of Appeal" (which is already overworked and understaffed). "The second question relates to a suggestion that the location of the EBA may no longer be in conformity with the EPC, following their move to the municipality of Haar, which lies just outside Munich," they say. Here's more:

Taking off from where our last article in this series ended; another referral to the Enlarged Board of Appeal (EBA), G2/19, includes questions relating to two seemingly unrelated matters. The first question relates to whether an appeal filed by a third party is, at first glance, inadmissible. The second question relates to a suggestion that the location of the EBA may no longer be in conformity with the EPC, following their move to the municipality of Haar, which lies just outside Munich.

[...]

In the referral, the second question to the EBA includes the statement that "no other remedy is available to third parties". This, of course, is true by design so that third parties don't do exactly what is happening here, i.e. file third party observations and appeal if the application still proceeds to grant. In this case, it appears the third party is not entitled to appeal and, regarding the Article 84 EPC issue, if it's good enough for the Examiner, many might say that should be good enough for the third party.

The second part of this referral relates to the question of whether the new location of the Boards of Appeal is contrary to the EPC, because it means that at least one section of the EPO is no longer located in either Munich or The Hague (Article 6 EPC). This question appears to have nothing to do with the first two questions forming the basis for this referral to the EBA, and indeed it may give a hint as to why the appeal exists at all.


We're sort of stuck in a situation where the EPO keeps granting fake patents or IPs (invalid patents), knowing there's nobody that can stop that, certainly not the Boards which are terrified of the Office (i.e. those whom the judges assess; they're supposed to oversee the Office). Not even the Patent Trial and Appeal Board (PTAB) have had their independence attacked in quite the same way. Lawlessness prevails at the EPO and the whole thing is bound to explode sooner or later.

Willy Minnoye caricature

Recent Techrights' Posts

The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
 
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025