Bonum Certa Men Certa

Marks & Clerk Reveals That António Campinos, With Zero Experience in Software, is Lobbying Judges (Who Are Supposed to be Independent But Are Actually Controlled by Him) to Open the Floodgates to Illegal Software Patents

Is it Campinos v BoA G 1/19?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Summary: There seems to be no improvement when it comes to the autonomy of judges at the EPO; the 'king' of EPOnia does everything by decree, but it's more or less disguised as an extensive legal process (see G 2/19)

THE EPO became so bad at or uncaring about patent quality that it became more lenient than even the USPTO (home of software patents) when it comes to granting software patents. Marks & Clerk, a large law firm, said so publicly.



"...we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be."Putting aside yet more fluff/propaganda sourced from the EPO (e.g. "Report [sic] Reveals UK at the Forefront of 3D Printing" from 3D Printing Progress; there's more in languages other than English*), we've just found an article by Lara Sibley (Marks & Clerk), on behalf of software patents boosters. It is about a hearing to which one had to sign up (register) in advance. It was published in Mondaq on Friday (two days after the said hearing). As a reminder, António Campinos is already meddling in the case, pushing for an outcome that favours software patents in Europe, because just like Benoît Battistelli he doesn't believe these judges have independence and EPC is just some 'nuisance' to be bypassed, not something to be respected.

"A pending case (G 1/19) relating to computer implemented simulation has been referred to the Enlarged Board of Appeal," Sibley wrote. "The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally."

This is why it can become an Alice-like test for Europe. Here are bits of the article with our comments added in yellow:

Computer simulations are widely used in the development of new products. Often simulations can have significant real world impact - much of the response to the ongoing coronavirus pandemic for example has been driven by detailed simulations of the impact on transmission rates of differing policy approaches [here we go again; opportunistic exploitation of COVID-19 by patent maximalists; this case predates COVID-19]. As with other software-based innovation however, patent claims directed to methods of simulation, design or modelling generally comprise features which in Europe are considered to fall under the category of mathematical methods [because that's just what it is; statistics and predictions based upon statistics].

A pending case (G 1/19) relating to computer implemented simulation ["computer implemented" just means software, but they make it sound fancier and physical] has been referred to the Enlarged Board of Appeal. The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally. A hearing was held for G 1/19 on 15 July 2020. The background to this case, together with an overview of the hearing, is presented below.

[...]

Turning to the details of the case, G 1/19 concerns a computer-implemented method [read: algorithm] of modelling pedestrian crowd movement in an environment that includes the simulating of movement of a plurality of pedestrians through the environment.

The appellant submitted that the invention produced a technical effect in the form of "a more accurate simulation of crowd movement". As to the technicality of simulating crowd movement, the appellant argued that simulating the movement of pedestrians yielded results which were no different from those obtained by modelling an electron using numerical methods. [Classic software patent]

The Board of Appeal was not convinced that numerically calculating the trajectory of an object as determined by the laws of physics is in itself a technical task producing a technical effect. In the Board of Appeal's view, a technical effect requires, at a minimum, a direct link with physical reality, such as a change in or a measurement of a physical entity. [Sounds like they're preconditioned/warm to the view that this is abstract, as per the US (case)law]

However, the EPO Guidelines for Examination refer to an important case (T 1227/05) where the Board of Appeal allowed a claim to a numerical simulation of a noise affected circuit. [Under whose administration?]

[...]

The referred questions 1 to 3 were then considered in order. The submissions concerning Question 1 were the most extensive, with some of these submissions also being referred to during the discussion of the later questions.

As regards Question 1, the meaning of a computer-implemented simulation "as such" was discussed. [Back we go to Brimelow's "as such"; it is quite meaningless and in India it's "per se"] The questions i) to v) posed by the Enlarged Board in their communication of 22 June 2020 (and summarised in the section above) were then considered. On question i), the appellant and the representatives of the President both made submissions that the "COMVIK case law" was suitable for the examination of computer-implemented simulations. During the discussion of potential and virtual technical effects in relation to question ii), various hypothetical examples were put forward by the representatives of the President, including that of a virtual wind tunnel, in which a virtual technical effect could solve the same technical problem as a real technical effect. On question iii), the appellant and the representatives of the President also both put forward submissions that a feature relating to a "non-invention" (such as a mental act) can still contribute to technical character in the context of a claim to a solution to a technical problem [Notice meddling by the Office, on behalf of patent maximalists]. Concerning question iv), and consideration of the purpose of the simulation, the appellant raised an intermediate example, lying between the case where a claim specifies simulation of an undefined "technical system" and the case where a claim specifies a very specific technical purpose (for example, simulation of a circuit subject to 1/f noise, as specified in T 1227/05). In relation to question v), it was submitted by the appellant that in the present case, the simulation of human behaviour is used to control a technical system, in particular the simulation can be used to improve the building structure. The representatives of the President also put forward the view that a technical contribution could still be present in certain circumstances, even where the simulation models human behaviour. Simulations used in the field of self-driving cars were put forward as an example here. [Very weak arguments from the President, who never wrote a single computer program in his whole life]

[...]

Once issued, the decision in G 1/19 may have a significant impact not just on patenting of simulations but also on the patenting of software at the EPO more generally, depending on the response and reasoning of the Enlarged Board. Encouragingly, [for this author's litigation giant] the EPO President's response to the questions are in favour of maintaining the patentability of simulations without, for example, requiring a direct link with physical reality, and expressed the view that it is sufficient the simulation method reflects, at least in part, technical principles underlying the simulated system or process. However, the Enlarged Board is not bound in any way by the President's comments and will reach its own conclusions. [Nonsense! You clearly are in denial, perhaps out of convenience, about the Office's abuse of these judges and there may be consequences for ruling the 'wrong' way.]


The outcome will likely be known later this year; we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be. ____ * As we noted before, we'd rather not spend too much time obsessing over this misuse of shallow journalists who think their job is to just amplify for PR departments of corporations and organisations (the "easy job"; no fact-checking needed, no real understanding or investigation of the underlying issues). Judging by sentences like "European inventors and businesses accounted for almost half of all AM patent applications filed with the EPO in the period from 2010 to 2018," among others, we can tell they put no effort into actual journalism. They just reprint 'prepared' sentences from the EPO's PR department.

Recent Techrights' Posts

SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
 
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026