Bonum Certa Men Certa

The EPO Ignores This Week's Decision Which Demonstrates Patent Scope Gone Awry; Software Patents Brought Up Again

It's all about money and replacing examiners with machines

Battistelli and money



Summary: The worrisome growth of European Patents (EPs) -- a 40% jump in one year in spite of decline in the number of patent applications -- is a symptom of the poor judgment, induced largely by bad policies that impede examiners' activities for the sake of so-called 'production'; this week's decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)

THE EPO has said absolutely nothing about the Board or about Broad. Odd, isn't it? Not even a tweet. Sometimes they do link to decisions of the Boards of Appeal, but not this time. Instead, there's this junk about a new Benoît Battistelli photo op (warning: epo.org link). We don't know if they're intentionally distracting from something, but we can only guess. Got to maintain the perception of top-notch patent quality, right?



"Battistelli took a flight on some plane and all he got was a lousy photo op (in which he is barely even visible)."As usual, this EPO 'news' is all about Benoît Battistelli. Heck, the entire Web site of the EPO is a shrine to Battistelli. How many years will that take to undo?

The world's news aggregators said nothing about the above meeting, which is pretty insignificant anyway. Battistelli took a flight on some plane and all he got was a lousy photo op (in which he is barely even visible). Blog post imminent? Either way, let's look at the real news.

"The EPO went overboard, unhinged from the actual purpose and function of patent offices."Fallout of EPO granting (in error) patents on life is very much visible. It's prominent in the news. We already wrote 3 articles about it earlier this week (on Wednesday and Thursday [1, 2, 3]). On Thursday it was widely covered by sites that -- judging by their names -- promote these monopolies for the most part [1, 2, 3, 4, 5]. Sites of lawyers too weighed in (some of them profit from CRISPR prosecution if not persecution). IAM, by the way, has still said nothing about it; the same goes for Watchtroll and other patent maximalists who would rather pretend nothing happened on Wednesday. CRISPR monopolists are in 'damage control' mode over this decision. They issue paid press releases which are face-saving spin.

"Merit-based patents (e.g. on economic grounds) will endure, but algorithms are already protected by copyright law and actual programmers do not want patents."Yesterday, IP Watch published an article (behind paywall) about an "EPO-EU Conference [which] Examines Hot Topic Of Patentability Of Plants In Europe" and to quote what's outside the paywall: "The last couple of years have brought heated discussions in Europe on the patentability of plant innovations, leading to a recent amendment of patent application rules at the European Patent Office. Two major actors share this innovation landscape: the biotechnologists and the plant breeders, with similar but not identical needs for protecting their invention. A joint conference on innovation in the plant sector was held recently by the EPO and the Community Plant Variety Office."

The Community [sic] Plant Variety Office is somewhat of a sham. We wrote several articles about it. The EPO should never permit patents on life and the Community Plant Variety Office is basically the opposite of what its name suggests [1, 2]. It helps to think of it like a corporate think tank.

Curiously enough, not even IP Kat wrote about any of the above. Not at all. Instead, revisiting software patents in Europe, IP Kat wrote this blog post yesterday.

"But what if the Boards lacked independence and feared the Office whose President is a clueless patent maximalist?""Is the EPO stretching the line for patentable subject-matter, again?"

So asks the headline. Sooner or later all software patents (the EPO always says "computer-implemented inventions" (CII) -- a sneaky term which avoids "software patents" being mentioned) too will get wiped, as per the EPC. It happened with plants, seeds, genome etc. so why not software?

The EPO went overboard, unhinged from the actual purpose and function of patent offices. Merit-based patents (e.g. on economic grounds) will endure, but algorithms are already protected by copyright law and actual programmers do not want patents. Any time the EPO loses touch/alignment with the law the Boards should be there to correct it. But what if the Boards lacked independence and feared the Office whose President is a clueless patent maximalist? Battistelli's cluelessness is well documented and it's an embarrassment to the entire organisation, not just the Office. There were warning signs about it right from the early stages (his candidacy) when he publicly admitted to not having a talent like creative people and inventors (his own words). His inability to comprehend software has repeatedly led to poor decisions, letting automation poorly replace some workflow at the Office. Staff repeatedly complained about it.

As Frantzeska Papadopoulou put it yesterday:

The new Guidelines for Examination of the EPO, valid from 1st of November 2017, include an interesting revised (and rather detailed) section G II 3.7, dedicated to the patentability of claims based on presentation of information. Presentation of information under 52(2)(d) of the EPC includes any form of information (such as visual or, audio) and covers both its cognitive aspect as well as the means of communication. However, the fact that the claims include purely cognitive (and thus non-technical) aspects does not automatically mean hat they are excluded from patentability. Presentation of information that assists the user in achieving a technical task has a technical effect (confirmed also in T336/14 and T1802/13).


Read the comments as well (they tend to be better than IP Kat posts). The first one says

Rather the Guidelines add examples from the case law in order to assist users how to find the rather difficult boarderline between patentable and non-patentable inventions in the field of computer implemented inventions.


The term "computer implemented inventions" is just a synonym of software patents. Don't be misled by it. The next comment says: "I must confess that I'm slightly confused as to how a claim to lean manufacturing would be considered as a presentation of information, unless the claims were very poorly drafted. The link to pure business methods isn't convincing at all, I'm afraid."

"what is the definition of the word "technical" that is so heavily being leaned upon?" So said the next comment and one person replies: "What is a "pure business method?""

"Let's quit pretending that these semantic and syntactic trick somehow (miraculously) permit the impermissible."Exactly. These are pretty meaningless terms ("technical", "pure" and so on) which were created to set up loopholes ("as such") for patenting algorithms. The Boards ought to put an end to all this nonsense; the sooner, the better. Sure, it would harm Battistelli's 'productivity' claims, but who cares about this megalomaniac? Just because he's still bullying a judge from the Boards? One might suggest that -- gasp! -- he does so intentionally.

Anyway, the above issue was also brought up yesterday by Simon Kahn and Joshua McFarlane from Boult Wade Tennant. They've just published "EPO Board of Appeal advises how to determine technical subject matter for assessing inventive step" and here are a couple of portions:

Computer implemented inventions, such as computer software, can be easy to copy but time-consuming to develop. Therefore, companies and developers are keen to ensure that relevant intellectual property is obtained for the computer implemented inventions, in which they have invested considerable resources. Patent protection seems like a good choice for protecting such products, because it can provide broad protection and can be enforced without any need to prove copying. Although patent law often restricts protection for computer-implemented inventions, many such inventions are patentable. Nevertheless, there are still grey areas, where protection may be obtainable, but only in certain circumstances and each patent office assesses such inventions in a different way.

[...]

This decision does not change the approach taken by the EPO to assessment of inventive step for computer-implemented inventions that contain some technical subject matter. Nevertheless, it does remind us of the difficulties that are often faced in securing patent protection for computer-implemented inventions. Such objections from Examining Divisions come up frequently and it is important to be aware of how they can be overcome, so the applicant can be awarded the protection to which they are entitled.


Notice their use of words like "inventive step", "computer-implemented inventions" and so on. Let's quit pretending that these semantic and syntactic trick somehow (miraculously) permit the impermissible. In the US, more so after Alice (2014), the word "abstract" is thrown around a lot. Based on major European law firms, the US is now more strict than the EPO and has made it harder to obtain software patents (than in Europe). If the EPC still means anything and isn't just an old piece of paper, then it's time to enforce the rules and curtail the endless expansion of patent scope. WIPO might not like it, but so what? The patent systems need not operate like a capitalist enterprise in pursuit of constant growth. What is this growth anyway? An expansion of monopoly? Is this even desirable?

Recent Techrights' Posts

At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
 
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same