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

Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
 
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026