Bonum Certa Men Certa

US Lobbyist for Software Patents, David Kappos, Uses EPO's Snubbing of the EPC to Spread Misinformation and Patent Monopolies on Software/Algorithms

David Kappos Source: David Kappos 2013 interview



Summary: How the lawlessness at the European Patent Office (EPO) has a sort of knock-on effect on the US patent system, where powerful lobbies want to cement patentability of software

THE EPO's patent scope is a joke. Things got a lot worse in recent years and EPO staff marched the streets to protest against it. There are now patents on plants, sometimes patents on software in spite of a ban, and many patents (more and more of them) get invalidated by courts, which is indicative of declining examination quality, probably caused by pressure from the top.



Last night we spotted (from two places) this new article titled "Mobilisation for start of mass opposition against patent on tomatoes". It recalls the cause for woes, amid Battistelli's own reign (not predecessors): "In 2015, the European Patent Office (EPO) granted patent EP 1515600 to Syngenta, which claims tomatoes with a high content of so-called flavonols. These compounds are supposedly beneficial to health. The patent covers the plants, the seeds and the fruits. This so-called "invention", however, is simply a product of crossing tomatoes from the countries of origin (Latin America) with varieties currently grown in the industrialised countries. Furthermore European Patent Law prohibits patents on plant varieties and on conventional breeding. All in all, around 1400 patent application on conventional breeding were filed at the EPO so far and around 180 patents are granted already."

"We recently saw David Kappos doing a lot of lobbying for software patents, having been paid by large US corporations that always lobby for software patents."This is absolutely horrible and several people we hear from are mortified by this trend, including patent lawyers and examiners. Is the EPO turning into another USPTO, where quality control is virtually non-existent any longer (because any such lenience helps profit and passes the toll/bill to the public)? Where are we going with this? As we shall show in this article, this actually helps companies from the US, or globalists whose interests are orthogonal to those of Europe ("sharply divergent").

We recently saw David Kappos doing a lot of lobbying for software patents, having been paid by large US corporations that always lobby for software patents. Our writings about Kappos are thus reactionary and we hope he will get a life outside of the lobbying sphere, where he merely discredits the US patent system as a whole (the perception that it's shaped, controlled and paid for by large corporations). The issues are magnified and the controversy deepens now that Kappos contributes to contamination of Europe with software patents. Kappos uses EPC snubs or the EPO's perturbations of law (under Battistelli's reign) to lobby for his clients in favour of software patents. To quote Benjamin Henrion from FFII, "Kappos has begun telling clients that patent protection for software is more robust in other countries like CN [China] or EU," and to quote Kappos: "Courts in other countries like Germany have been moving in the opposite direction" or "It's time to abolish Section 101, and the reason I say that is that Europe doesn't have 101" (it has the EPC actually).

"Kappos and Battistelli have much in common now. They pretend to be ignorant of the law in order to break the law and they're both actively lobbying politicians. To whose advantage is this patent maximalism working? Kappos even mocks/disregards the highest US court, SCOTUS, just like Battistelli in the host nation, Holland."It should not be so hard to see that Kappos now uses the out-of-control EPO as a pretext for software patents in the US, where these types of patents diminish (unlike in Europe, which goes the other way under Battistelli's reign). Kappos isn't a USTPO official but a lobbyist now (dangerous man, greedy man, whose clients are reckless and aggressive) and various sites that address patent lawyers carry his message (which is probably exactly what he wants and needs). Henrion asked the publisher, "could you make the whole article public?" It is a stubborn paywall, effectively ensuring that only patent lawyers with a subscription to Law 360 can see what their lobbyist, Kappos, is saying ("I found out that you can get the whole article by using their ow.ly link," Henrion later added, so workarounds exist for those who know them). Mark Cuban "liked" our previous article about Kappos, so it's important to elaborate on the subject and research it further. Cuban invests a lot of his own money in patent reform in the US, so given suitable information he can hopefully work towards crushing software patents, not just "bad" patents or "trolls" (that's what his lawyers at the EFF are doing nowadays).

"In the law360 article," Henrion explained, "Kappos says Europe does not have section 101, and what about art52 EPC? All the exceptions are about abstract matters" (exactly what most/all software patents count as, as per the SCOTUS ruling on Alice).

Kappos and Battistelli have much in common now. They pretend to be ignorant of the law in order to break the law and they're both actively lobbying politicians. To whose advantage is this patent maximalism working? Kappos even mocks/disregards the highest US court, SCOTUS, just like Battistelli in the host nation, Holland. This is perhaps the first time that dots are connected between Kappos (former USPTO Director), the EPO, and Battistelli. Kappos has essentially declared himself enemy of software developers (not just FOSS developers), with money that comes from proprietary software monopolists. Then there's the special treatment the EPO offers to Microsoft, so here again there are potentially interesting parallels. Last night I asked IBM's and Microsoft's patent chiefs, "how much did you guys at IBM/MS pay to help the attack on software developers using software patents?" Remember that both are paying Kappos for his lobbying work (the latter recently left or got sacked).

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
 
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day