Bonum Certa Men Certa

EPO Corruption is Helping Patent Maximalists in the United States

They want software patents to return because they make money from litigation

A lifeline or orange lifesaver



Summary: The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have moved in opposite directions. One permits more abstract patents, whereas the other must disallow these (mainly because of courts' decisions).



"People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing."There were a couple of EPO tweets on Monday about "AI" and similar nonsense that António Campinos uses to usher in European software patents.

People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing.

Kluwer Patent Blog, where many concerns about patent quality have been raised, has just said : "What were the most popular articles of the Kluwer Patent Blog in 2018? A look at the list shows that – even more strongly than in previous years – one topic drew more readers than anything else: the functioning of European Patent Office."

"The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production')."IP Kat refuses to touch the subject (anymore); Team UPC, which is now in control of that blog, views EPO scandals as detrimental to its interests.

Jones Day's Alastair J. McCulloch, Christian Paul, Indradeep Bhattacharya and Roland J. Graf have just published "Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?"

This was mentioned a few weeks ago in some other blogs, including IP Kat. There are all sorts of 'artistic' ways to pursue abstract patents, e.g. making them seem physical ("on a car") or medical (as if they "save lives") and Watchtroll (US) had just exploited Roberta Romano-Götsch (EPO) to that end. She spoke to Watchtroll's Gene Quinn some months ago and prior to that she had worked exceptionally hard for Team Battistelli (thus she has negative reputation among EPO staff). She said they're "seeing an increase in applications from SMEs as well." How good are these applications? The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production').

"Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents."The worrying thing to us (because we're reducing focus on the US patent system) is that American patent maximalists are nowadays embracing this unhinged EPO (which shamefully breaks its own rules) to promote software patente even outside Europe (also against the rules).

Days ago we wrote about the latest 35 U.S.C. €§ 101 guidance with new spin like "computer implemented inventions." It was typically the EPO using this ridiculous term (along with "technical effect"), but now it spreads across the Atlantic. Yesterday, in "Daily Business Review", a rather bizarre suggestion was published, conflating/mixing one patent office with another:

Using EPO to Chase 'Alice' Out of the Rabbit Hole



The European Patent Office (EPO) issued guidelines for Nov. 1, 2018, that in many ways summarizes the direction and guidance of U.S. jurisprudence and USPTO policy for patent eligibility for computer implemented inventions. Much of the recent U.S. guidance evolves from the 2014 U.S. Supreme Court decision Alice v. CLS Bank International (573 U.S. 208) concerning a computer implemented electronic escrow service for facilitating financial transactions where the patent claims were found invalid as being drawn to an abstract idea. Patent ineligibility was found using a two-step process. The first step determines whether a patent claim is an abstract idea such as an algorithm or a method of computation. If the patent claim includes an abstract idea such as an algorithm, then the patent eligibility process must go to the second step and determine whether the patent claim adds “significantly more” to the idea that embodies an inventive concept. Although “significantly more” really does not provide much concrete guidance, the court did find that a mere instruction to implement an abstract idea on a computer or the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.

Since Alice, although a significant majority of cases reviewed by the Federal Circuit have found computer implemented inventions patent ineligible, the pendulum has started swinging slightly in the direction of eligibility by clarifying what they meant by “something more” with a few cases where patent eligibility was found. See Thales Visionix v. United States, Amdocs (Israel) v. Openet Telecom, McRO v. Bandai Namco Games America, Bascom Gobal Internet Services v. AT&T Mobility, Enfish v. Microsoft, DDR Holdings v. Hotels.com or Research Corporation Technologies v. Microsoft.


Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents.

IAM, which is based in Europe and constantly promotes software patents for patent trolls that pay its bills, has said: "Top five sectors for quantity of patent sales deals in the US, according to the latest data: (1) software; (2) electronics; (3) industrials; (4) medical; (5) semiconductors. Does demand for software patents indicate Alice trepidations lessening?"

“...I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101.”
      --Joshua Landau
Joshua Landau from the CCIA has just said (in response to the above): "Software was the top sector in 2017 and 2016 as well. So I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101."

The spin from IAM is expected; they're bound to ignore evidence about the harms of software patents as long as the sponsorship money demands so; for similar reasons they kept lying about UPC for a number of years, only to admit the lie/error about a week ago.

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
 
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day