Bonum Certa Men Certa

António Campinos and Comrade Iancu (US) Both Push Software Patents Into Europe to the Detriment of Small Businesses and Developers

Comrades



Summary: The EPO continues its war on European companies and the European public; to alleviate public worries the EPO publishes yet another lying 'study' (one of many EPO-commissioned 'studies') -- one that claims the very opposite of what's true

SOMETIMES it feels like the European patent system exists to serve American multinationals, not the European public (or even European businesses). Look no further than the policy being advanced. Ask simple questions like, "who benefits the most from this?"



"When European law firms call American companies their "biggest clients" we have yet additional conflicts."It's all tilted! It's corrupt. It's lobbied for. It's not neutral. It's rigged by design.

When European law firms call American companies their "biggest clients" we have yet additional conflicts.

Mondaq has just propped up this article from Phillips & Leigh, where the firm says that "the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely." The President of the European Patent Office (EPO) has already meddled -- even openly -- in this case. We covered this at the time. This reaffirms the notion that the Office totally corrupted the concept of separation of powers. He's pushing for the judges to approve software patents -- by extension -- in this very important case. The "Guidelines" he put forth already use nonsensical terms like "AI" to achieve the same and here's what the firm wrote this week:

The Guidelines reflect only those decisions of the Boards of Appeal incorporated into the EPO’s general practice due to their general procedural significance, but there may on occasion be diverging decisions of Boards of Appeal; and in such cases EPO examiners and formalities officers will, as a rule, follow the common practice as described in the Guidelines, which applies until further notice. However examiners must follow the law and so the Guidelines are not the last word.

While changes to legal provisions are clearly flagged by notices on the EPO website, it is somewhat more difficult to determine whether case law is leading to a change in practice, particularly when Boards of Appeal reach contrary positions.

It is for precisely this reason that we, as professional representatives before the EPO, find it important to keep up with the case law, especially when it coincides with the particular areas of interest of our clients. For instance, the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely.

Whilst it is always helpful if the patentability of your application is supported by the Guidelines, it's part of the nature of innovation to come up with new and unexpected approaches which previous precedent didn't necessarily expect. Assessing an application in the light of the Guidelines is often only the beginning of the process of arguing a case, not the be-all and end-all of it.


So it doesn't seem to matter that the EPC, the courts, the Parliament and so on say no software patents in Europe; the new US Director, Andrei Iancu, similarly ignores or distorts the record of SCOTUS, the Federal Circuit, and Patent Trial and Appeal Board (PTAB). He's trying to resume granting bogus software patents -- weak patents which he very well knows courts would throw out. Meanwhile, the U.S. Patent and Trademark Office's (USPTO) Web site quotes Iancu's EPOPIC lies. Here's one portion of interest:

For example: what level of detail is necessary in a patent disclosure as to the structure and functioning of the algorithm that underlines a new AI tool? An AI algorithm, that by definition is capable to learn on its own, sometimes performs certain tasks in ways unknown to the programmers. So, how can the inner workings be disclosed such that one of ordinary skill can replicate the invention without undue experimentation (a requirement of our patent system)?


He merely suggests working around 35 U.S.C. €§ 101 (or put another way -- working to violate it). Such a policy would definitely be harming software companies in Europe (usually relatively small ones) in favour of US-based software monopolies like Microsoft and IBM.

"This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls."A few days ago SUEPO linked to a relatively new paper, “RRI and Patenting: a Study of European Patent Governance” -- a paper which unlike everything that the EPO's management funds isn't mere propaganda for Campinos and Battistelli, with the likes of Gene Quinn quoting Battistelli's liar Yann Ménière (all of them are very vocal proponents of software patents). This has just been amplified by Watchtroll ("European Patent Office Study Shows Patents Matter for SMEs, Economic Growth"), published within hours after the EPO's "European patents help SMEs commercialise high-potential inventions, new study shows" (warning: epo.org link); Watchtroll's role here isn't hard to see as they're close to and have been helping corrupt EPO management for a number of years now, e.g. puff pieces, so-called 'interviews', promotions of "CII" in Europe and much more. The latest is more of the old propaganda (same lie with a more recent year stamped on it). It's that "SME" nonsense again; while working for law firms and monopolies they're looking for corruptible people to do 'studies' for them and help warp perceptions, whereupon "tweets" can be posted every day (or every other day), repeating the same lie over and over again, then googlebombing the term "SMEs" to mislead everyone. Here's what they wrote yesterday:

A new study published today by the European Patent Office (EPO) finds that small and medium enterprises (SMEs) rely on European patents to protect their high-potential inventions and that two thirds of these inventions are commercially exploited.

The study, entitled “Market success for inventions – Patent commercialisation scoreboard: European SMEs”, finds that SMEs depend heavily on partnerships with domestic or foreign partners. The report shows that half of all commercialised inventions protected either by a European patent application or a granted European patent are exploited in collaboration with an external partner via a licencing agreement (62% of the respondents), co-operation (49%) or spin-off (32%). Moreover, the partner is usually from another European country. This reveals how resource-constrained SMEs use partnerships as a way of entering new markets or sharing the financial burden of innovation.


Now the misleading tweets can carry on every day for a year. The Office that harms SMEs will remind us every day just how much it adores SMEs, citing its very own 'study'...

Who funded the 'study'? Better not ask. Generally speaking, every report and 'study' which comes out of the EPO in recent years is as reliable as Big Oil-commissioned 'studies' on global warming. This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls. Nowadays the EPO openly and proudly associates with infamous trolls.

Recent Techrights' Posts

Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025
Slopwatch: Google News is Promoting Fake 'Articles' About Fake Xubuntu, Fake Articles About Replacing Windows With GNU/Linux
The quality of the Web deteriorates and unless someone cleans up the mess, real sites will lose an incentive to produce anything
When "AI Layoffs" Mean Layoffs Due to the "AI" Bubble Popping
many people that are laid off by Microsoft claim to be specialists in "AI"
Mysterious grant forfeited, $100,000 from Software in the Public Interest accounts 2023
Reprinted with permission from Daniel Pocock
Evidence: bullying, student union behaviour: Armijn Hemel's FSFE resignation
Reprinted with permission from Daniel Pocock
Evidence: psychological abuse, stalking, Galia Mancheva, Susanne Eiswirt ignored by FSFE judgment for Matthias Kirschner
Reprinted with permission from Daniel Pocock
Helping FSFE scam victims and conference organisers
Reprinted with permission from Daniel Pocock
Nigerian fraud in FSFE constitution
Reprinted with permission from Daniel Pocock
Worrying and Amusing Stories of "Clown Computing" Gone Awry
Many of these disasters could be avoided
Links 22/10/2025: Amazon Plans to Replace Workers With Robotics, AWS and Clown Computing in General Ridiculed
Links for the day
Gemini Links 22/10/2025: Niri Completely Changes Multitasking and Overview of Diff-ers
Links for the day
Links 22/10/2025: Study on Misinformation by Slop and Heavily Debt-Sabbled Microsoft OpenAI (ClosedSlop) Uses "Browser" as Gimmick/Distraction
Links for the day
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)