Bonum Certa Men Certa

The EPO Has Found 'Creative' New Ways to Bribe the Media and Promote Software Patents

When they speak of "IoT" and "fourth industrial revolution" they allude to a patent thicket comprising many software patents

Industry 4.0



Summary: From Computer-Implemented Inventions (CII) and "Industry 4.0" the EPO is moving to creative new misnomers for carriers of software patents, SEP (patents-encumbered 'standards'), so-called 'FRAND' etc.

THE EPO ended the year with another big scandal -- one that most of the media conveniently ignored; instead, the media covered EPO PR, which involved the EPO's management actually paying the media (not from its own pocket but stakeholders'). Some of it was pushed during the weekend (e.g. [1, 2]) by the EPO's Twitter account. Working on a Saturday?



We remind readers that our criticism of the EPO over the years was purely about software patents. We are not against the EPO and certainly not against patents in general. In fact, our intention over the past few years was to save the EPO from the litany of patents and the tyranny/dictatorship of Battistelli. Patent quality matters. Examination matters, not so-called 'production'. If only the EPO stayed true to its sloganeering...

The patenting of software in Europe remains a problem. We recently wrote about Microsoft and the EPO doing all this under the framing/guise of "IoT" -- a trend that can be seen perpetuated in the latest EPO 'study' (with other buzzwords/terms like "fourth industrial revolution"). Some sites of lawyers carried EPO agenda as recently as Friday and there was also this press release about a company that "specializes in the creation of Internet of Things (IoT) and Artificial Intelligence" (the title is "Gopher Protocol, Inc. Files Patent Application in the European Patent Office").

What we basically have here are some new tricks or loopholes for software patents in Europe. They just refer to these in different terms, big words other than "CII".

Also on Friday, Thorsten Bausch said that "[t]he Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not been rectified by the applicant upon request by the examiner (following FCJ X ZB 17/73 Regelventil)."

This isn't about software in particular, but noteworthy here is the insistence of the court (which isn't motivated by 'production' but law/accuracy). Too many times or oftentimes we see public advocacy by law firms for loopholes that enable patenting the patent-ineligible. This is particularly true in the domain of software.

Will software developers ever be able to coexist with software patents? It's unlikely. Programmers neither want nor need such patents. A couple of days ago (also on Friday) Simon Phipps from the Open Source Initiative published this article and asked: "What if software patents were used in a way that made using software patents unthinkable? A kind of "Patentleft"?"

That, in part, has been tackled by GPLv3 (copyleft), but here is what Phipps proposes:

The word “copyleft” arises from a clever hack by Richard Stallman who used the laws relating to copyright — a statutory device to incent creativity by granting limited monopolies to creators — to create a world where creators are incented to share instead of monopolise their work.

Since the Berne Convention makes all creative works the automatic sole property of their creator, the only way others can use it in any way until the monopoly expires is with the express permission of the creator of the work, who is said to hold the copyright. Copyleft grants everyone receiving the work an unlimited license to use, improve and share it, but only on the condition they grant the same conditional rights to every recipient. Copyleft thus makes more and more works freely usable as more and more people improve them.

Could we do the same thing to subvert patent law? It seems that’s at least part of the motivation behind the use of a controversial combination of the BSD open source copyright license and a broad patent grant by Facebook. A few years ago they silently standardised on releasing all their open source projects — including popular codebases like RocksDB storage engine and the React.JS user interface framework — under the venerable 3-clause BSD license supplemented by a unilateral grant to any of Facebook’s patents necessary to use the software.


As we shall show later today, the US is moving further and further away from software patents, drifting away from patent trolls in the process. Will such a 'post-software patents' world (or post-Alice world) materialise in Europe as well? How about China, possibly the last safe haven for such patents? The sure thing, activism in this domain remains necessary, and activism depends on vigilance.

Recent Techrights' Posts

Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026