Bonum Certa Men Certa

EPO Continues to Disobey the Law on Software Patents in Europe

Eponia Star Wars
Source



Summary: Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope

TO say that the EPO operates as though it's above the law would be an understatement. We have covered many dozens of examples to that effect.



Our original gripe/complaint about the EPO was solely about software patents in Europe. This actually started under Battistelli's predecessor, more so after her "as such" debacle, but here we are almost a decade later and the EPO continues to disregard the rules. It just refers to software patents as "CII" in order to give the impression that algorithms are "inventions".

Yesterday, the EPO's buddies at IAM published this article which was immediately thereafter copied across from IAM to its new "partner" site. Jacobacci & Partners' Andrea Perronance repeated the term "CII" (they don't even want to say "software", so they say "computer" instead) and here is the core of it. It came into effect a fortnight ago:

The European Patent Office Guidelines 2017 were recently published on the European Patent Office (EPO) website. They entered into force on November 1 2017.

Like the previous edition, this year’s guidelines include substantial, extensive and comprehensive improvements with regard to guidance on the eligibility of computer-implemented inventions (CII) parts. These parts have been discussed with the European Patent Institute (epi), in particular with the CII sub-committee of the European Patent Practice Committee.

The changes appear mainly in Parts F-IV and G-VII of the European Patent Convention Guidelines (the Patent Cooperation Treaty Guidelines are also available) and deal with the presentation of information eligibility and patentability. There is also a substantial revision of one example of eligible/non-eligible, patentable/non-patentable subject matter in CII, as asked and suggested by epi (see relevant article in epi Information 1/2017).


Why is this still even up for debate and why is the European Patent Institute there and not any software developers? It says a lot about the underlying intentions. It has nothing whatsoever to do with science or innovation. It's just about cash for the EPO and the patent 'industry'. This is just wrong.

Incidentally, the same site also published this take on patents in Denmark, courtesy of Accura Advokatpartnerselskab's Morten Bruus and Christoffer Ege Andersen. Software patents are banned in Denmark, as can be expected (they're banned in just about every European nation, as least in principle). But there are tricks around that. Remember that the DKPTO's chief until 1.5 months ago was Battistelli's protector, who immediately entered the private sector after he had allegedly been pushed out (maybe for conflict of interest) and turned out to have lied about retirement.

Anyway, from the relevant sections:

To what extent can inventions covering software be patented?

In general, software as such is not patentable (Section 1(2) of the Patents Act). However, it is possible to patent software as part of a patent whose subject matter is a process. Further, software is patentable if it has the potential to bring about, when run on a computer, a further technical effect that goes beyond the normal physical interactions between the program and the computer.

To what extent can inventions covering business methods be patented?

In general, business methods as such are not patentable (Section 1(2) of the Patents Act). That said, business methods can be patented as part of a patent whose subject matter is a process. However, jurisprudence shows that it is difficult to invent business methods that essentially differ from known methods, which is why patents are rarely granted for business methods.

To what extent can inventions relating to stem cells be patented?

Stem cells that have an inherent ability to create human life (so-called ‘totipotent stem cells’) cannot be patented, whereas pluripotent and multipotent stem cells can be patented, as they cannot create human life.


That last part is a reminder of the fact that, just as EPs got invalidated in bulk for being inappropriately granted (on organisms), one day EPs on software too may get invalidated in bulk. We are waiting for that day.

That same site also mentioned former French colony Tunisia, whose special arrangement with the EPO we published in full a couple of months back. Marks & Clerk, writing in Lexology, say this:

From 1 December 2017, it will become possible to validate European patents in Tunisia.

Until now, patent protection in Tunisia could only be obtained as a national patent filed directly or by national phase entry from a PCT application. From December, applicants wishing to file in Tunisia will be able to do so via a European patent application.


Who would that be useful for if not few of Battistelli's French friends? No disrespect for Tunisia, but it's hardly known for EPs, let alone patents in general. Such validation agreements make the EPO look feeble and pathetic. Battistelli and his cronies have already traveled to sign such deals in countries with not a single EP! What's the point?

Recent Techrights' Posts

BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
 
Genini Links 05/09/2025: Community, ROOPHLOCH, and PITkit
Links for the day
Links 05/09/2025: Vaccine Sceptics Poison the Well, Two Exploited Vulnerabilities Patched in Android
Links for the day
Gemini Links 05/09/2025: Logitech Lift and DIY Gemini Servers
Links for the day
Links 05/09/2025: Sainsbury's Caught Spying on In-Store Shoppers and Microsoft "OpenAI is Using Legal Threats to Harass its Critics"
Links for the day
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025