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

Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
 
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan