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

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
 
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026