Bonum Certa Men Certa

EPO Promoting Software Patents in Countries Where These Are Illegal

Ready to protect the law and protest this afternoon

The unitary software patents
Image credit: Benjamin Henrion (FFII)



Summary: The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong

THE European Patent Office (EPO) does not seem to mind the EPC, which it flagrantly violates routinely. It doesn't care what courts say, either (or Parliament). António Campinos came from EU positions, so he should know better. Battistelli got his EPO job through connections (arguably the INPI job as well) and his current CEIPI job was set up by Campinos, who vacated this position if not reserved it. It's all corrupt. We find it ironic that a law school is literally run by a criminal now. Are lecturers and students all aware of it? Surely they all know of the Benalla scandals (if not other scandals as well).



"As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted."The US patent system was shaken by 35 U.S.C. €§ 101, which nowadays invalidates just about every software patent that lands on a court's or a judge's lap. We cover new examples in Daily Links almost every day (no detailed articles due to lack of time). Nothing has changed.

What about Europe? Totally different story. As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted. Who's to stop it?

Just promoted in Lexology was this item from Kilburn & Strode LLP's Matt Aldridge and Kristina Cornish (patent litigation). It's about San Marino 'outsourcing' stuff to the EPO (within about 3 weeks):

It was announced at the end of November that, effective 1 January 2020, San Marino has closed the national route and thus will no longer accept European patent applications, or act as a receiving office under the PCT. This does not mean that patent protection in this mountainous microstate is not available, rather that all applications must now be filed directly with the European Patent Office (EPO).

Closing a national route to filing a European application is not new.

A dozen EPC contracting states have already closed their national route, namely:

Belgium, Cyprus, France, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Monaco, the Netherlands and Slovenia.

Any PCT application must go through the EPO in order to obtain protection in these states.

Whilst this particular change is unlikely to have an impact on most filing strategies (there were only four applications made through the national route in San Marino in 2016), it is worth bearing in mind the potential advantages, and disadvantages, of using a national route when filing in Europe.


Letting a lawless, unaccountable, corrupt entity run or replace one's national patent system is beyond unreasonable. We saw similar EU ambitions in UPC and those who shape everything were litigation firms, not scientists. There will be a protest against the UPC later today.

We've meanwhile noticed this new tweet from the EPO (from half a day ago). The EPO is very blatantly promoting software patents in Europe. It's doing it again. Illegal patents. To quote: "Patents are granted for new inventions such as products and processes, including inventions carried out using computers. You can read more on #patenting computer-implemented inventions here..." (the cited page talks about "4IR" and "AI" -- the usual buzzwords).

Another new tweet from yesterday spoke of “disruptive technologies such as … AI.” (in the cited page).

Yesterday the EPO wrote: "#patentfact: High-quality #patents are assets for inventors because they can help attract investment, secure licensing deals and provide market exclusivity."

"So why does the EPO attack patent quality," I replied, citing this EPO leak.

The matter of fact is, the EPO does everything it can to fake 'production' -- typically by violating the EPC and turning the EPO into a patent 'printing machine'. This includes patents on mere concepts.

The EPO's propaganda arm, IAM, is still posting so-called 'news' that's actually lobbying pieces from litigation firms looking to legalise illegal patents such as software patents. "Australian lawyers pushing for software patents," wrote Benjamin Henrion some hours ago, pointing to this recent article outside the IAM paywall. To quote:

One of the top issues on the agenda for this year’s IPBC Australasia was software patent eligibility – we knew that in the run-up to the event, a Full Bench of the Federal Court of Australia could be issuing a key ruling in the area. As it turned out though, there was no landmark to discuss. To judge from this morning’s panel on the topic, that has created significant frustration among stakeholders.

The closely-watched case was that of Encompass Corporation Pty Ltd v InfoTrack Pty Ltd, in which the claims of two Encompass-owned innovation patents were held invalid (not directed to a “method of manufacture”). The judges dismissed Encompass’ appeal, but passed over the opportunity to set down bright line rules.


Has IAM spoken to actual software developers? No! The usual.

Henrion and fellow technical people will protest in Brussels later today. The yellow shirts are ready (photo copied to the top of this article).

Recent Techrights' Posts

Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
 
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026