Bonum Certa Men Certa

Who Does the Legal System Really Serve or Favour in European Patent Disputes?

People like myself are being denied access to the underlying facts

Florian on Ericsson
Image credit: Florian Müller



Summary: People who oppose software patents are being denied access to the courts, the media and so on; the EPO keeps getting away with serving patent trolls, e.g. those that are connected to large companies such as Ericsson (as above)

THE existence of software patents in Europe is a threat to all programmers. Why are they being granted? It's illegal. The European Patent Office (EPO) has not had a scientist as President for over a decade now. António Campinos is a former banker, Battistelli is a politician and Brimelow is regarded or considered to be a public servant (vague term). This is a problem because it means that people with no clue are responsible for bad decisions, having perhaps been instructed by (or consulted) law firms, legal departments, and even patent trolls. They barely ever meet any scientists. It's like they don't care about the impact of patents on science and technology -- an impact which is rather intricate.



"It’s like they don’t care about the impact of patents on science and technology — an impact which is rather intricate."Yesterday, responding to this new post that said "IP [sic] has become ever more concentrated into the hands of capitalism’s high temple – the corporation," Australian attorney Mark Summerfield said: "Not only is this true, it is possible to track the transition historically."

He added the following, linking to his blog:

There is data on this in Australia, that I think may be unique globally. Last year I worked with IP Australia to generate data (using a machine learning system) going back over 100 years distinguishing between corporate and individual applicants. The results show a clear transition during the period between the first and second world wars, between dominance of individual applicants (i.e. the inventor as patentee) and corporate applicants (i.e. the employer as patentee).

I think that this data is fascinating, and I would love to see it linked to economic or sociological research. However, there does not seem to have been much interest in this to date.

An article presenting this data (with links to the source) can be found on my blog: https://blog.patentology.com.au/2018/05/new-data-released-by-ip-australia.html


This is a real problem. The patent system has been rigged.

Yesterday, for example, a famous patent blogger (Florian) wrote: "An Ericsson privateer named #OptisWireless opposed a petition I filed last year for access to a Federal Patent Court case file, arguing that I'm "a blogger known for positions critical of the #patent system." Court ruled in favor of my petition: screenshot #privateering #patents" (screenshot at the top).

Ericsson keeps a bunch of these patent trolls around. We wrote about these before. I happen to know that Florian attempted to crack open some more 'worm jars' (secret or scarcely-explored patent disputes in his country) only to be fought by corporate lawyers and judges, who are terrified by people like us, the critics and sceptics. No transparency. Florian had sent me some legal documents to show reactions. It would be jaw-dropping it I didn't already know that it is a system of powerful people; it's a system that discriminates against 'poor' 'activists', unlike greedy and monopoly-centric corporations. The above just serves to show what we patent realists face in a court of law.

Speaking of Ericsson, watch how the patent trolls' lobby (literally funded by trolls), a site called IAM, is publishing Ericsson propaganda (composed by Ericsson itself). They promote a large thicket of bogus patents, mostly software patents, wrapped up using buzzwords such as "IoT" (published Monday at 2PM). Ericsson tries to distance itself from the extortion, so it uses trolls in various parts of Europe to bully just about everyone, even Chinese companies. It's a protection racket.

Where does the EPO stand on all this? Well, yesterday it promoted software patents again, using hype waves as usual. "Over 300 participants from around the world attended our conference on #patentingblockchain," it said.

Benjamin Henrion looked at the cited document [PDF] and quoted "Klaus Haft, attorney-at-law at Hoyng Rokh Monegier, added that open source does not mean patent-free #blockchain #swpats …"

Software patents and "open source" (Free/libre software) can never coexist and they know it. IBM-centric and Microsoft-connected front groups lie to us about it.

Meanwhile, the EPO is also intentionally conflating inventions with patents. It does so every single day (almost) and yesterday it wrote: "This guide is intended to help you avoid many of the common mistakes associated with inventions" (they mean patents).

Words like "inventions" are commonly being misused by these people. Here is an example from yesterday (article titled "Pam Bryer: Scots have never lost the urge to invent"). The corporate media is really that awful* and it is not being composed by journalists.

The Scotsman is regularly used for patent propaganda (marketing/sales as "news"), usually from Marks & Clerk LLP. This includes software patents promotion and lawyers' lies about UPC prospects. We covered that before and named The Scotsman as a culprit. Generally, this so-called 'news' paper may be good in other sections, but by posting such crap it does its reputation a great disservice. In this case, patent extremists smear Scotland to cause Scots to come to their employer, Marks & Clerk LLP, and ask for patents (thinking it's the same as inventions). Just look at the insulting headline. It's worth noting that only at the very end the disclosure comes: "Pam Bryer is a patent attorney for Marks & Clerk LLP" (so it is marketing and should be labeled as such).

Novagraaf's Philippe Vigand has meanwhile written about the EPO getting another chance to eliminate software for good. "The EPO’s Enlarged Board of Appeal is to consider the patentability of computer-implemented inventions in the context of appeal T0489/14," he wrote. Will he mention that the appeals board lacks independence and may therefore not be able to judge impartially? An issue that the judges themselves keep complaining about? _____ * We've just noted the lack of coverage about EPO corruption. Due to an 'economic' nature of this greedy society and publication 'industry', a lot of so-called 'news' these days is just "tweets", ads, computer-generated crap, self-promotional nonsense and intentional falsehoods/fabrications with agenda in mind. Really bad state of affairs. Honesty may be dead.

Recent Techrights' Posts

More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
 
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026