Bonum Certa Men Certa

European Commission Betrays the Public by Promoting Software Patents

Software patents named



Summary: Software patents named by the European Commission as a given rather than challenged in line with everything that the Parliament, EPC, and European public generally insist on

THE EPO has gone way too far with patent scope. It threatens Europe as a whole, for reasons we'll show in the coming days (in relation to the US where patent scope is belatedly being narrowed).



"Sadly, however, the European Commission has become part of the problem."The EPO recently dropped the guillotine on a lot of patents pertaining to plants and seeds, but it ought to go further with a drop of software patents too, as per the directive, the rules and so on. There are many articles these days about the EPO's decision to eliminate patents in bulk, notably patents on life. Publications are writing about it not just in English but also in French, in German and so on. (via [1, 2]).

Why stop there? As we put it a few days ago, "The EPO Should Throw Away All Software Patents in the Same Way It Threw Away Patents on Plants and Animals" (as per input/instructions from politicians).

"...Elżbieta BieÅ„kowska from the Commission cares more about the UPC (Trojan horse for software patents) than about justice..."Sadly, however, the European Commission has become part of the problem. As we showed earlier this month, Elżbieta BieÅ„kowska from the Commission cares more about the UPC (Trojan horse for software patents) than about justice, and the FFII's founder wrote yesterday that the "European Commission [is] promoting “Responsible Innovation” via software patents" (via the FFII's president).

To quote what he wrote:

The pattern of promoting software patentability is similar to that of asylum law (e.g. the principle of non-refoulement). There is an agenda that must be followed, beyond discussion, backed by top level judges. Studies must somehow legitimate it, at least in their introductory part or in the executive summary. Discussion about the fundamental issues is systematically evaded. Instead you do have pointless discussions about how to identify the real invention or the real refugee. If you dig down deeper, however, you find that the studies do provide answers to the fundamental question of effects of the touted policy vs the unthinkable alternative, and even ones that are quite devastating to the touted solution. Since it is difficult to completely suppress the truth, those who order the study are satisfied with an executive summary that can be served to fool the public with help of willing journalists who just copy and paste from press releases.


“Responsible Innovation” is the latest catchphrase apparently.

As someone put it: "Innovation killer! This is where a phrase or line of code can be copyrighted and making logical programming within a language, a minefield."

"Furthermore," it says in a new report, "we also consider patents on computer-implemented inventions (CII)..."

"What on Earth are they doing and what hope is there that the Commission will not stab software developers in their backs?"Then there's this: "When the open source and open are applied to the patent system" (FOSS is not compatible with software patents because of its distribution paradigm).

Note at the bottom: "This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 731940..."

What on Earth are they doing and what hope is there that the Commission will not stab software developers in their backs? They have done this for ages (e.g. with FRAND, discrimination in procurement and so on). We've already given many examples where European software developers -- including Free software developers -- directly suffered from such patents. Does the Commission listen to anyone but huge corporations that are often multinationals rather than European corporations?

As Patently-O incidentally put it yesterday, in some areas "time-to-market has become shorter, and, likewise, product life cycles have become shorter."

"Why is the Commission -- like the EPO -- besieging the software industry?"This is one of the many reasons software patents are unsuitable. Patently-O adds: "Competent practitioners should consider several things. One is to recognize that diligent prosecution is becoming more important for clients. Another is that examining whether to discuss with clients the use of Track One, PPH, or the pilot program (or the program — forget its name — that allows for accelerated examination when there’s an older inventor named)."

It doesn't matter how quickly patents are granted (infringement penalties aren't calculated since the time of grant); the very concept of patents on algorithms is obscene. Even the US is moving away from that grave mistake. Why is the Commission -- like the EPO -- besieging the software industry?

Recent Techrights' Posts

EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete