Bonum Certa Men Certa

IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

IBM explains that "HEY HI" (AI) helps applicants patent software where such patents are not actually legal

On shortcuts



Summary: The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO

THE European Patent Office's (EPO) President António Campinos, the chosen successor of Battistelli, continues to promote software patents in Europe. This is no laughing matter; what they do is illegal. We're not exaggerating. It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal. The damage is potentially enormous. It's difficult to measure because much of this is happening behind closed doors (e.g. secret settlements, like those IBM has plenty of). I've heard lots of stories, but there are NDAs.



"It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal."Where's the media? Where the Hell is the media? Why on Earth is nobody covering these things? Why do real journalists no longer write at sites such as those that specialise in patents? We used to know some. But they're gone. Did something happen? I've asked those whom I know. They don't want to talk about it, perhaps fearing retribution. We've been investigating in recent days why European (or EU-ropean) "news" sites no longer cover EPO corruption. I sent questions to people I knew, questions like "Why do you no longer write at [x]?"

"Did something happen?"

"Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely)."Several European (or EU-ropean) "news" are bribed by American billionaires (we know that much as they admitted it) and we have legitimate reasons to believe they demote or even fire people for covering crimes. That's just not good for attracting businesses, advertisers and so on. Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely). It hardly covers that at all anymore. Amplifiers of law firms dominate the media; their business model is just that. It's not really news, it's just marketing that looks like reporting. Look at last week's 'reports' about the EPO's 'festival' in Australia. Some sites literally copied press releases from the EPO and filed those under "news" or "articles" sections. How about this new one? It's rather frustrating to see. This morning I saw one company running a paid press release about being granted patents by patent offices not exactly renowned for quality (yes, EPO). I hardly find anything (anymore) about EPO scandals. One might be led to think that everything is suddenly rosy. SUEPO too is afraid to speak directly. IP Kat has become an utter joke (we wrote about it recently). What gives? As we pointed out over the weekend, World Intellectual Property Review (WIPR) had done lots of puff pieces recently about "hey hi" (AI), pushing software patents using these buzzwords. WIPR is like EPO PR. It used to cover EPO scandals, but not anymore. I can guess why, but I'm waiting for replies (if any). Here is the new EPO puff piece from WIPR. It's about its annual 'festival' that cost millions of euros per hour (they even pay for so-called 'journalists' to fly over).

"Amplifiers of law firms dominate the media; their business model is just that."Staying with WIPR for a moment, it has just done another "hey hi" article ("TPN Europe 2019: Keep software patents simple, says IBM lawyer"). Blue Bully IBM, which is buying Red Hat, is a pusher of algorithm monopolies in Europe (yes, Red Hat's stance on software patents is in trouble because lawyers from IBM will wipe it out). “With the EPO, it’s a lot clearer [and] a lot easier," IBM lawyers say. Some large European law firms too have publicly said (at events) that it's easier to get software patents at the EPO (than the USPTO and others). That's how bad things have become. To quote some portions:

According to Kevin Fournier, IP lawyer at IBM in the UK, when drafting a software patent application, the best means of assessing an idea or an invention was to show it to a software developer.

Speaking at Technology Patent Network Europe 2019, hosted by WIPR in London last Thursday, June 20, Fournier said that “if software developers are impressed by the invention, then you’re really on a winner”.

Outlining his approach to patent claim construction, Fournier said “the worst thing that you can possibly do is have a method claim that requires the action of three or four different entities”.

The IBM lawyer advocated for the single method patent claim as a useful tool for patent attorneys.

The more complex a claim and the more actors are involved, then an applicant has “more to prove; [it’s] another argument that you have to make,” Fournier said.

[...]

Commenting on the UK Intellectual Property Office’s approach, Fournier said that, in his experience, “the technical contribution seems to be interpreted more narrowly”.

“With the EPO, it’s a lot clearer [and] a lot easier, as long as you can show that the features that are critical to the invention are contributing to the technical effect,” he added.

Fournier also questioned Kennedy on his observations on emerging principles in AI patent drafting.


Notice that part about "hey hi" (AI); it's their favourite term these days. Benjamin Henrion has just found this tweet: "Una vez más, como experto en el Comité de Derecho de Patentes de @wipo #scp30 con interesantes documentos sobre "licencias obligatorias", "actividad inventiva en química" e "Inteligencia Artificial, IA" los dos últimos elaborados a propuesta de la @OEPM_es (IA con @INPIFrance) pic.twitter.com/LNeMgs7G5W"

"Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents."IA, AI... different languages, same nonsense. On "hey hi" he also noted "Coons and Tillis to restore US swpats: "we will investigate ways to sharpen the "field of technology" requirement to ensure that critical advances like AI and medical diagnostics qualify, but not economic transactions or social interactions" https://is.gd/elsynt" ("Cached here," he told me because of the paywall)

"Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense."Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents. As Henrion noted, linking to this page and new tweets, the EPO also still allows software patents which are disguised as hardware. To quote these vocal proponents of software patents in Europe: "Protecting a cryptographic computation against power attacks is considered a technical problem if, and only if, the computation is actually carried out on hardware and thus open to such attacks."

"Oh, wait," I responded, "I thought I was going to execute it with/on pen and paper. Software (patents) are "hardware" (patents) because machines can run programs?"

As we said at the start, nobody covers these very serious issues that will cost Europe billions in damages. Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense.

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day