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

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
 
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025