Bonum Certa Men Certa

The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

Even several times per day, as shameful as it may seem

EUIPO outsourcing



Summary: The EPC in the European Patent Office and 35 U.S.C. €§ 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks

DISREGARD for the rule of law is pretty normal at the EPO. There are endless examples of it and a broad range of aspects to it. We spent years covering that. Today, however, we would like to focus on how the EPO (as well as the USPTO) gets to grant software patents, never mind if courts dismiss these.



Mostly illegal software patents that pertain to my research field (computer vision) are being openly promoted and bragged about by today's EPO. This did not happen under Battistelli; this is a Campinos thing. We cannot stress often enough that as far as software patenting is concerned Campinos seems a lot worse than Battistelli; judging by how often the EPO promotes such patents under the leadership of Campinos (as opposed to Battistelli's). It is a race to the bottom. Just before the weekend the EPO wrote: "The number of European patent applications relating to self-driving vehicles increased by 330% between 2011 and 2017."

A few days ago a news report was published under the headline "GM Patents the Blockchain Solution for Driverless Cars".

"We cannot stress often enough that as far as software patenting is concerned Campinos seems a lot worse than Battistelli; judging by how often the EPO promotes such patents under the leadership of Campinos (as opposed to Battistelli's)."Combining two buzz/hype waves, blockchains and SDV (the EPO's buzzword/term of choice), these people nowadays facilitate and permit patents on software. Software patents are bogus however. They're likely worthless too as most judges would laugh them out of court (if it ever gets this far).

And speaking of blockchains, which the EPO promotes patents on (misleadingly-named event, which is actually about patents but doesn't explicitly say so), mind this new article from Swiss media (in French). The headline speaks of blockchains and "open source"; a French-speaking Free software ("open source") developer just said: "Software patents, the end of free software..."

By granting patents on blockchains the EPO blatantly tramples/stomps on Free/Open Source software, which is fundamental to the adoption of blockchains.

We understand that the Campinos-led EPO saw a hype wave and decided to ride/surf it, but at what cost? The concept of blockchains is being brought up even by those who don't understand it; several days ago Forbes published "Blockchain For Business: This Startup Thinks It Solves All Of Blockchain's Worst Problems" (marketing disguised as an article).

This is eerily similar to the "AI" hype, which resurfaced about a year ago. Everyone started rebranding things "AI", years after they had rebranded everything "smart" and "cloud" or whatever (more buzzwords to be mentioned below).

"By granting patents on blockchains the EPO blatantly tramples/stomps on Free/Open Source software, which is fundamental to the adoption of blockchains."Even the lawyers admit it's just hype/buzz. This new article from a law firm starts with this sentence : "Artificial Intelligence (AI) is a loaded technology buzzword that comes in different forms in various commercial products."

Yes, it's a buzzword. So far this month we've seen an "Artificial Intelligence Trading Expert" [1, 2] (just using algorithms; nothing new) and this article titled "'Buzz about AI' lends to Linguamatics win". Calling mere algorithms "AI" is now as commonplace as can be. Here is an example from a few days ago: "Artificial intelligence technology has helped build software that can analyze videos for better capturing of events, understanding patterns and surveillance."

"Everyone started rebranding things "AI", years after they had rebranded everything "smart" and "cloud" or whatever..."All of these examples (above) mention patents and "AI". Everything is being called "AI" these days... for marketing purposes. "iCAD Announces FDA Clearance of ProFound AI™ for Digital Breast Tomosynthesis," says this new press release. Here comes the Allied Security Trust (AST) and the "AI" hype; lots of bogus patents as usual. But... "AI"! So it's innovative!

Software potentially puts the patent 'industry' in the ashtray; so they call software "AI" now, as usual (because they're technically inapt). "Wave Computing€®," states another new example, "the Silicon Valley company that is accelerating artificial intelligence (AI) from the cloud to the edge..."

All the above are from the past fortnight alone; "AI" and "patents" everywhere. It is intentional. As we recently noted on numerous occasions, even the USPTO has swallowed the "AI" hype and offers it as a route towards software patentability. An article by Sameer Gokhale (Oblon, McClelland, Maier & Neustadt, LLP) makes it very obvious. They're pretty shameless about it.

"As we recently noted on numerous occasions, even the USPTO has swallowed the "AI" hype and offers it as a route towards software patentability."How about "Smart" and "IoT"? These are two more buzzwords recently embraced everywhere (globally even).

"Smart devices in IoT need a smarter patenting strategy," IAM's new headline says. Just keep stuffing buzzwords like "smart" and "IoT" in hope of enabling software patents, right?

"This article provides a comprehensive report on the challenges faced in patenting technology in the Internet of Things domain," it says. It's a domain that just means devices with an Internet connection. It's far too vague, intentionally so.

We are meanwhile seeing European law firms trying hard to find all sorts of ways to patent software. Philip M. Nelson and Ronald J. Schoenbaum (Knobbe Martens), for example, have published [1, 2] "Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process?"

"We are meanwhile seeing European law firms trying hard to find all sorts of ways to patent software."Here they go again with "Medical Device", two cheeky terms combined to associate software with "life-saving" and "physical" (even when it boils down only to code). Marks & Clerk's Thomas Prock has just published "A feather in one’s app: why the UK could lead the way for medical app patents" (similar talking point). It adds the buzzword "app"...

Suyoung Jang, Cheryl T. Burgess and Mauricio Uribe (also of Knobbe Martens) are still pushing anti-Section 101 lies. It's that classic software patents propaganda, spread at all costs (even to multiple publishers that charge for it; it's cross-posted [1, 2] again). They're using the fata morgana that is "Berkheimer and Aatrix"; the latter became known for little more than that patent lawsuit (Aatrix is mostly/only mentioned in relation to patents, even when it's not about patents) and the former became a placeholder for "I don't like Alice and Alice sucks because fact-finding."

"Today's EPO is rotting with corruption and fake patents (that bear no presumption of validity)."António Campinos may not say much on the subject, but his actions in a leadership position are revealing. The EPO's Twitter account has just quoted Campinos as saying: “In my time at the EPO I’ve been able to rely on the expertise, dedication and commitment of an experienced staff to help in the transition process...”

What transition? Some staff calls him "mini Battistelli" and some claim that he's even worse than Battistelli; it's clear that nothing is changing, except for the worse. Today's EPO is rotting with corruption and fake patents (that bear no presumption of validity). Staff cuts are implemented (he did the same in another agency) by means of limited (with time limits) contracts, longterm hiring freeze and encouragement of early departure/retirement.

Recent Techrights' Posts

Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
 
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026