Bonum Certa Men Certa

The European Patent Office Admits That It's Faking Its 'Results' by Granting Loads of Illegal Software Patents

Clear and obvious violation of the EPC, but today's Office treats the EPC like Donald Trump treats every law he has run over

We saw growth in patents. Patents on software



Summary: The EPO is making it easy for all to see that much of its supposed 'growth' actually comes from patents that it should never have granted in the first place because they're illegal

THE DANCE or the "waltz" around the term "software patents" isn't a new thing. The EPO has done that for well over a decade, preceding the Mafioso and and his 'son'. "CII" used to be the most common dance around the most meaningful and fundamental term, but people caught up with the true meaning of it; so the game of words moved on a bit, with "CII" being more like the old and familiar 'dinosaur'. When one says "CII" inside and outside the EPO people generally know that it's a synonym ("software patents" with words like "invention" inserted for extra excitement). Who would deny a patent on an actual "invention"? After all, algorithms are inventions in the same sense cookie recipes are inventions. Or mathematical formulae.



Anyway, we've already written several hundreds of articles on the topic of why software patents are undesirable, harmful and unwanted by almost every single person who develops software (coder/programmer/tester or more modern buzzwords like "DevOps"). We're more or less certain that senior EPO examiners are familiar with the arguments and they generally know that it tends to be a battle between attorneys and actual (practicing) engineers. One group wants to work in peace and another group wants to destroy in war. Too blunt? Well, it's true. Ask those attorneys what computer program/s they wrote. I asked some before; someone called Gene Quinn (Watchtroll's founder) even lied to me about it, then he ran away and blocked me in Twitter (to escape any further questions, which embarrassed him and destroyed his credibility/integrity). It turned out he didn't even know what a computer program is and how it works (he insisted a markup object/Web page was a program!).

"It brags about granting illegal patents."Anyway, today's European Patent Office (EPO) illegally grants patents on all sorts of things and then brags about it. It brags about granting illegal patents. The people who manage the EPO aren't coders and they don't really understand what they grant patents on. All they care about it a bunch of graphs and plots moving upwards. What about quality? They call speed "quality"; the faster they grant, the better the... quality?!

Just before the weekend the EPO boasted: "With a #patent application increase of 10%, #computertechnology was the second fastest growing technology field at the EPO in 2019. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

Oh, here we go again with "DigitalisationIndex" and "computertechnology" (so broad and vague a category). Then they did "DataRetrieval"; More buzzwords for illegal software patents that aren't allowed in Europe -- patents that the EPO is granting and mostly to American firms (US and Canada), by its very own admission: "In #DataRetrieval, applicants from the US led in terms of share (48%), while EPO member states (23% share) continue to steadily innovate in this field. Further details: https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

So they're granting loads of software patents, giving these monopolies to American companies. What's in it for Europe? Nothing.

The EPO also tweeted: "Applications in image data processing and generation have also spiked. From 2018 to 2019, the field received 11% more #patent applications. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

This is my area of research. More illegal software patents are being granted, soon to be categorised as "image data processing and generation" (that's maths!). These patents are being illegally granted by corrupt EPO management, looking to fake 'growth'. It'll certainly pave the way for frivolous litigation and extortion in Europe. All this to the detriment of everyone but patent trolls and law firms...

The EPO then tweeted: "Our European Patent Academy's #elearning centre offers a broad range of online training courses on #patents and IP topics. http://bit.ly/EPO_eLearning"

This page starts with "Videogaming and IP: how to play the game" -- another class of software patents (on games).

Are the EPO's best spinners ill? Are they replaced by cheaper PR staff that's openly bragging about software patents several times per day?

The EPO also bragged: "Between 2018 and 2019, the EPO posted a 29% overall increase in patent applications in #MachineLearning and #PatternRecognition. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

How much more obvious can it get? Those are software patents! No question about it. There's not even a "device"...

In other words, the corrupt EPO management decided to break the law (yet again) and allow such patents against all treaties and laws. This while shielded -- with diplomatic immunity of course! -- so the people responsible for this crime will never be held accountable.

They're setting up an avalanche here. The US saw the same thing. Here's a brand-new example of "CII" falling on its sword again at the Federal Circuit in the US. It's a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.”

Here's what happened, as reported a couple of days ago:

The Federal Circuit has an internal practice of only issuing R.36 affirmances-without-opinion in cases where the court holds oral arguments. Most of the oral arguments have been cancelled for the court’s April sitting. The result then is that either (1) the court is going to write a lot more opinions or (2) the court will shift its practice to now start issuing no-opinion judgments even without oral arguments.

Today's short decision in In re Thomas (Fed. Cir. 2020) (per curiam) suggests to me that the court will be writing the opinions. Douglass Thomas is a patent attorney and his claimed invention is a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.” The examiner rejected the claimed invention as ineligible and that decision was upheld by the PTAB (along with finding the claims anticipate/obvious).


So even US courts are nowadays rejecting the sorts of patents the EPO is granting.

The EPO tweeted: "Curious about #blockchain & #patents? We'll be talking about the patent landscape in this field at this free-of-charge webinar: https://bit.ly/2V56AJV"

Here they go with "blockchain" again...

The cited page (warning: epo.org link and requires JavaScript to view) says: "In this webinar we will present the emergence of Blockchain related technologies in terms of patenting activity. Blockchain has captured the attention of the public and research has intensified in this field over the last few years, making it a highly interesting topic of study for patent analysis in order to obtain insight into the developments of this emerging technology."

They also grant patents on blockchains whilst openly admitting that those are software patents.

Over in China, the 'role model' of today's EPO, the patent office is formally allowing software patents or patents on mere maths. This helps fake 'innovation' in circles that measure that based on number of patents alone. Days ago the patent maximalists published this article entitled "China’s new patent examination guidelines a boon for AI and blockchain" and Karry Lai said "IP counsel from IBM, Megvii and others welcome CNIPA’s open approach but see room for more clarity..."

When IBM asks for "clarity" it basically asks for broader patent scope. IBM continues to blackmail loads of companies using its thousands if not tens of thousands of software patents.

Someone has just pointed out, citing an article in German, that "[C]hina has most patents in 2019" and I responded by simply stating that it says nothing about the quality of patents. China flooded WIPO with junk and WIPO likes it (fake 'growth'). "I can make my own patent office," I added, and "grant a million patents a day ;-)"

The upcoming avalanche of fake patents will be costly not to law firms but to productive companies gullible enough to pursue such patents, based on a misunderstanding or misinterpretation of law.

In the US, for example, the number of new patent lawsuits that involve software patents declined a great deal. It's not even easy to find such lawsuits anymore. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) often thwart such patents before they even reach the courts.

Suffice to say, patent maximalists and sites in their pockets have no problem with any of that; they profit from this sort of patent inflation. Here's a new 'ad for an upcoming "Webinar on Proofreading Your Patent..."'

Maybe if you focus on typos rather than substance your patent isn't about invention but shallow formality for unjust monopoly.

Over at IP Kat we're noticed Anastasiia Kyrylenko doing 'ads' for CEIPI, which is run by a criminal, Battistelli, along with EUIPO, WIPO, and the villainous 4IP Council. That says a lot about what interests today's IP Kat is interested in pushing. "CEIPI has announced that its “New Trade Mark Law in France” conference is now going online," she wrote. Remote working must be good for Battistelli, their chief. Now he can drink his expensive wine boxes all day long, being drunk on the 'job' whilst ordering additional crates at tens of thousands euros apiece, using the money he stole from the EPO.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026