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

Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026