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

The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day