Bonum Certa Men Certa

António Campinos and Comrade Iancu (US) Both Push Software Patents Into Europe to the Detriment of Small Businesses and Developers

Comrades



Summary: The EPO continues its war on European companies and the European public; to alleviate public worries the EPO publishes yet another lying 'study' (one of many EPO-commissioned 'studies') -- one that claims the very opposite of what's true

SOMETIMES it feels like the European patent system exists to serve American multinationals, not the European public (or even European businesses). Look no further than the policy being advanced. Ask simple questions like, "who benefits the most from this?"



"When European law firms call American companies their "biggest clients" we have yet additional conflicts."It's all tilted! It's corrupt. It's lobbied for. It's not neutral. It's rigged by design.

When European law firms call American companies their "biggest clients" we have yet additional conflicts.

Mondaq has just propped up this article from Phillips & Leigh, where the firm says that "the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely." The President of the European Patent Office (EPO) has already meddled -- even openly -- in this case. We covered this at the time. This reaffirms the notion that the Office totally corrupted the concept of separation of powers. He's pushing for the judges to approve software patents -- by extension -- in this very important case. The "Guidelines" he put forth already use nonsensical terms like "AI" to achieve the same and here's what the firm wrote this week:

The Guidelines reflect only those decisions of the Boards of Appeal incorporated into the EPO’s general practice due to their general procedural significance, but there may on occasion be diverging decisions of Boards of Appeal; and in such cases EPO examiners and formalities officers will, as a rule, follow the common practice as described in the Guidelines, which applies until further notice. However examiners must follow the law and so the Guidelines are not the last word.

While changes to legal provisions are clearly flagged by notices on the EPO website, it is somewhat more difficult to determine whether case law is leading to a change in practice, particularly when Boards of Appeal reach contrary positions.

It is for precisely this reason that we, as professional representatives before the EPO, find it important to keep up with the case law, especially when it coincides with the particular areas of interest of our clients. For instance, the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely.

Whilst it is always helpful if the patentability of your application is supported by the Guidelines, it's part of the nature of innovation to come up with new and unexpected approaches which previous precedent didn't necessarily expect. Assessing an application in the light of the Guidelines is often only the beginning of the process of arguing a case, not the be-all and end-all of it.


So it doesn't seem to matter that the EPC, the courts, the Parliament and so on say no software patents in Europe; the new US Director, Andrei Iancu, similarly ignores or distorts the record of SCOTUS, the Federal Circuit, and Patent Trial and Appeal Board (PTAB). He's trying to resume granting bogus software patents -- weak patents which he very well knows courts would throw out. Meanwhile, the U.S. Patent and Trademark Office's (USPTO) Web site quotes Iancu's EPOPIC lies. Here's one portion of interest:

For example: what level of detail is necessary in a patent disclosure as to the structure and functioning of the algorithm that underlines a new AI tool? An AI algorithm, that by definition is capable to learn on its own, sometimes performs certain tasks in ways unknown to the programmers. So, how can the inner workings be disclosed such that one of ordinary skill can replicate the invention without undue experimentation (a requirement of our patent system)?


He merely suggests working around 35 U.S.C. €§ 101 (or put another way -- working to violate it). Such a policy would definitely be harming software companies in Europe (usually relatively small ones) in favour of US-based software monopolies like Microsoft and IBM.

"This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls."A few days ago SUEPO linked to a relatively new paper, “RRI and Patenting: a Study of European Patent Governance” -- a paper which unlike everything that the EPO's management funds isn't mere propaganda for Campinos and Battistelli, with the likes of Gene Quinn quoting Battistelli's liar Yann Ménière (all of them are very vocal proponents of software patents). This has just been amplified by Watchtroll ("European Patent Office Study Shows Patents Matter for SMEs, Economic Growth"), published within hours after the EPO's "European patents help SMEs commercialise high-potential inventions, new study shows" (warning: epo.org link); Watchtroll's role here isn't hard to see as they're close to and have been helping corrupt EPO management for a number of years now, e.g. puff pieces, so-called 'interviews', promotions of "CII" in Europe and much more. The latest is more of the old propaganda (same lie with a more recent year stamped on it). It's that "SME" nonsense again; while working for law firms and monopolies they're looking for corruptible people to do 'studies' for them and help warp perceptions, whereupon "tweets" can be posted every day (or every other day), repeating the same lie over and over again, then googlebombing the term "SMEs" to mislead everyone. Here's what they wrote yesterday:

A new study published today by the European Patent Office (EPO) finds that small and medium enterprises (SMEs) rely on European patents to protect their high-potential inventions and that two thirds of these inventions are commercially exploited.

The study, entitled “Market success for inventions – Patent commercialisation scoreboard: European SMEs”, finds that SMEs depend heavily on partnerships with domestic or foreign partners. The report shows that half of all commercialised inventions protected either by a European patent application or a granted European patent are exploited in collaboration with an external partner via a licencing agreement (62% of the respondents), co-operation (49%) or spin-off (32%). Moreover, the partner is usually from another European country. This reveals how resource-constrained SMEs use partnerships as a way of entering new markets or sharing the financial burden of innovation.


Now the misleading tweets can carry on every day for a year. The Office that harms SMEs will remind us every day just how much it adores SMEs, citing its very own 'study'...

Who funded the 'study'? Better not ask. Generally speaking, every report and 'study' which comes out of the EPO in recent years is as reliable as Big Oil-commissioned 'studies' on global warming. This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls. Nowadays the EPO openly and proudly associates with infamous trolls.

Recent Techrights' Posts

At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Omarchy is Already Dying
Same as the life cycle of slopfarms
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026