02.28.19

Gemini version available ♊︎

T 0489/14: Will the European Patent Organisation Put an End to Software Patents at Long Last?

Posted in Europe, Patents at 11:56 pm by Dr. Roy Schestowitz

A shocked Battistelli

Summary: Another upcoming opportunity for the EPO’s Boards of Appeal to say “no” to software patents; sadly, however, the judges lack the independence they need

THE U.S. Patent and Trademark Office (USPTO) is still coming to grips with courts’ consistent rejection of software patents. We’re still seeing new reports of yet more US patents (granted by the USPTO) that the Federal Circuit rejects based on 35 U.S.C. § 101. So does the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) are growing in number. Anticipat has been trying to spin it all by selective (cherry-picked) statistics, but the trend is rather clear and we shall say more about it in our next post.

Yesterday afternoon Scott King and Matthew Hoyles at Kluwer Patent Blog wrote to say that “Computer implemented simulations referred to the Enlarged Board of Appeal” (the term “computer implemented” means algorithms).

Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the EPO’s Enlarged Board of Appeal do not come around often, referrals in the area of computer technology even less so.

The purpose of referrals to the Enlarged Board of Appeal is to prevent divergence and/or provide clarity on the implementation of the law.

The Enlarged Board of Appeal of the European Patent Organisation (EPO) has another chance to thwart European software patents, but it’s tightly controlled by Team Battistelli/Campinos, so don’t expect that to happen.

“It shouldn’t be assumed that “Remain” means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come).”Yesterday the ‘geniuses’ at the PR department were still promoting software patents while calling these “CII” because they’re banned. “The next study visit taking place in The Hague will focus on peculiarities of CII-related patent applications and the challenges they pose in search and examination,” they wrote. Hours apart (earlier on and for the second time in one day) the EPO pretended to itself that it can grant such patents just by framing/describing these as “CII” (because they’re banned/verboten without such buzzwords). The EPO wrote: “Which computer-implemented inventions in #medtech can be protected by patents and how?”

They’re using “medical” and “SMEs” to distract from the fact that these are algorithms.

Proponents of software patents try to bypass the courts or create new ones that are questionable because of the way they operate. The UPC’s chances got even slimmer/prospects worse, as we explained a day ago; there’s growing uncertainty about what will happen (if anything at all) to Brexit. Nevertheless, Aurélia Marie (Cabinet Beau de Loménie) and Phil Burns (Wrays) continue to pretend that the UK already left the EU. Never mind if there’s no Brexit, at least not yet (if ever). Lexology published this: “The UK can decide to halt the process without consent from the other 27 EU States and stay in the EU at any time up to Brexit Day.”

It shouldn’t be assumed that “Remain” means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come). The UPC’s collapse means that the Enlarged Board of Appeal is here to stay; its decision on T 0489/14 will matter.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  2. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  3. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  4. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  5. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  6. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  7. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  8. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  9. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  10. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  11. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  12. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  13. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  14. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  15. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  16. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  17. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  18. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  19. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  20. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  21. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  22. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  23. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  24. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  25. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  26. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  27. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  28. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  29. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  30. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts