Bonum Certa Men Certa

The António Campinos-Led EPO is Over-Relying on Bogus and Abstract Software Patents to Fill the Gaps

Creating more paths (mostly buzzwords) for dodging well-understood restrictions

Mind the gap



Summary: In an effort to bypass courts (while lobbying for dubious courts like the UPC) the EPO continues to issue a lot of software patents, typically calling these something like "artificial intelligence" (almost any algorithm can be called that with sufficient verbal creativity)

THE EPO's management certainly knows the restrictions on software patents in Europe, which is why this management keeps coming up with workarounds, notably lingual wizardry. We wrote a lot of articles about it (several dozens) when Battistelli was still in charge; prior to him, back in the Brimelow days, "as such" was the only notorious term being brought up. Sacrificing patent quality for the sake of something else is never ever a good idea. Ever! It's a compromise on justice itself.

“The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents.”
      --Anonymous
The brainwash machine of the EPO isn't doing too well. IAM has in fact just 'gone dark' (no access to articles, RSS feeds deleted) and greenwashing by the EPO is far too shallow. Here's an example from yesterday to which I responded with: "Granting a monopoly on a solution to climate issues isn't helping. It's arguably making things worse..."

The EPO relies on some truly esoteric patent applications; as usual, at least twice per day, they nowadays promote software patents. They have already done that twice by midday today. It has gotten a lot more frequent since António Campinos took over. It's a sharp difference (we tracked these things closely under several years of Battistelli as well). They did that at least three times on Monday (yesterday), with examples including this tweet: "Takeaways from the EPO's event on patenting #ArtificialIntelligence provided by Grant Philpott, Chief Operating Office ICT at the European Patent Office..."

Grant Philpott is pushing/promoting software patents again; they're linking to an old YouTube video with barely any views after 3 weeks online (about 5 views per day after the video was promoted, totaling 90 views when we last checked). Then there's this tweet: "Patenting #artificialintelligence: how do EPO and industry experts view this fast-growing phenomenon? Find out here: http://bit.ly/AIpatents"

Those are just software patents. The EPO's official account and Web site are pushing/boosting such patents yet again and people see past the stupid buzzwords. Here's one response to it: "TL;DR : 🤑🤑🤑🤑. ( I didn't actually read it but it's an easy guess :) ) How should normal people view €« Patenting #artificialintelligence €» ? : 😱😱🤬😱😱"

Watch what the EPO retweeted only a few hours ago (in French).

Then (also yesterday) the EPO together with patent zealots from the US (Intellectual Property Owners Association) carried on pushing "CII and AI" (acronyms that mean computer-implemented inventions, a.k.a. software patents, and artificial intelligence).

"If you work in patents and have stakeholders who do business in Europe, then this event is for you," they said. The EPO promoted this again a few hours ago. They help American companies pursue software patents in Europe (to then potentially sue software companies in Europe). The Intellectual Property Owners Association was mentioned by Patent Docs yesterday in relation to this upcoming webinar on dodging quality control at the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) often intercept software patents. "The Intellectual Property Owners Association (IPO)," it said, "will offer a one-hour webinar entitled "From BRI to Phillips at the PTAB: Consequences for Practice" on September 6, 2018 from 2:00 to 3:00 pm (ET). Eric Cohen of Brinks Gilson & Lione, Kevin Greenleaf of Dentons US LLP, and Shaun Zang of Goldman Ismail Tomaselli Brennan & Baum LLP examined dozens of litigations in recent years where both district courts and the PTAB construed the same patents, and will provide useful insights as the PTAB is expected to switch from BRI to Phillips in post-grant proceedings this fall."

They will be looking for new ways to work around PTAB, that's for sure.

Another patent maximalists' site, Managing Intellectual Property, has meanwhile published: "Dmitry Andreev discusses issues in patenting blockchain-related technologies, and explains how to avoid the most common grounds of rejection" (this too is behind paywall, albeit nowhere as a extreme a paywall as IAM's new one).

This patent maximalists' site is pushing software patents again, but it suggests disguising these using buzz like "blockchain" and "AI" (same thing EPO exploits to rebrand algorithms these days). Then came another article, this one a puff piece of Patrick Wingrove in the form of an interview.

"AI plays a bigger role in making them," this patent maximalists' site says, using the buzzword "AI" to promote patents on medicine that's not necessarily even novel. This is so typical yet still nauseating.

If that's not bad enough, watch what Managing Intellectual Property has just published regarding Alice: "Section 101’s power wanes after Berkheimer" (we've already published several rebuttals to it based on numbers from the patent microcosm itself [1, 2, 3]).

Ellie Mertens and Michael Loney from the patent maximalists' site have just pushed semi-truth or a lie about Berkheimer. If often seems like not only patent lawyers are liars but also people who write about patent lawyers and "engage" with them. Perhaps lying is an art form and this is what people pay $200/hour for. Hire a liar. From their summary (outside the paywall):

New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate


The negligible decline they cite has nothing to do with this case (Berkheimer), but "alternative facts" seem popular among patent law firms with an agenda. Or propaganda sites like IAM, which unfortunately went completely dark and are thus impossible to track and correct (face-check) anymore. They just want to write exclusively to those who pay them to write a bunch of nonsense; they cannot afford outside scrutiny. Maybe Managing Intellectual Property is the next site to go completely dark (they added the partial paywall about a year ago, but we still get the gist of their slant).

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
 
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026