Bonum Certa Men Certa

EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

It takes courage -- not just intelligence -- to oppose misnomers such as "artificial intelligence" patents

Software patents and artificial intelligence patents



Summary: Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices

THE European Patent Office (EPO) has taken control of another EPO, the Organisation. Battistelli started it and António Campinos continues just that. He even rendered his 'boss' at the Council his 'butler'. Imagine that! How is that even legal/constitutional? Maybe it isn't. But who's to actually enforce the law/constitution (or EPC)? This is a circular issue.



Advocacy of software patents by the EPO isn't news; we saw some forms of it way back in the Brimelow days, but it has been getting worse since and judges have since then totally lost any sense of autonomy and independence. They will probably 'vote' (decide) the "usual way" some time soon (patent on software simulation) because Campinos is already meddling towards that outcome! See what happened in G 2/19.

"They will probably 'vote' (decide) the "usual way" some time soon (patent on software simulation) because Campinos is already meddling towards that outcome!"Sometimes we still see examples of software patents being thrown out inside rather than outside the EPO. Sometimes even loud proponents of software patents (no, not software professionals) admit it. Such was the case the other day when Bardehle Pagenberg wrote: "Authenticating individuals based on liveness probability: non-technical EPO refused to grant a patent on a method of authenticating financial transactions based on biometric data."

Bardehle Pagenberg is, in our experience, the most vocal and shameless proponent of these bogus patents. They focus on these. Bardehle Pagenberg's Patrick Heckeler, having published this page, even promoted another case where:

The first instance examining division refused searching the claimed subject-matter because it allegedly lacks technical character...


Forget about all that "technical" (or "technical effect") nonsense; it's the wrong test or criterion/criteria. Same for "problem-solution". The sole riddle ought to be, does this cover something physical (where that physical thing is strictly required)? If not, then it's abstract. Throw out the application/patent.

Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like "machines"; they associate the overused term "AI" with "machine learning" (what it means originally) as if there's some machine or device somewhere. This week they also repeat the nonsense which is "machine translations" when they say: "What is the role of machine translations in proceedings before the EPO?"

"Sadly, however, the EPO adopted clever little tricks and loopholes, such as misuse of words like "machines"; they associate the overused term "AI" with "machine learning" (what it means originally) as if there's some machine or device somewhere.""Those are not "machine translations" but lousy algorithms that take something in and spew garbage out," I told them, "an incoherent mess for most languages, with no legal validity whatsoever..."

It's rather worrying to see how the EPO deals with obvious software patents that under 35 U.S.C. €§ 101 the U.S. Patent and Trademark Office (USPTO) would be pressured to throw out, either at first instance (examination) or Patent Trial and Appeal Board (PTAB) -- or, failing that, district courts, the Federal Circuit and SCOTUS (no potent challenge to that in 5 years at that level).

Recent Techrights' Posts

EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
 
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026