Bonum Certa Men Certa

The Reputation of the EPO is Ruined But Now It Ruins the Lives of Staff and Europeans

A single incident if not a few incidents can be highly corrosive to an institution's name

EPO pepper spray



Summary: Team Campinos, formerly known as Team Battistelli, is failing to show that things have changed at the European Patent Office (EPO) because software patents are being advocated every day, even patents on life/nature/animals/plants/seeds/beverages

"EPO study reveals the trends in self-driving vehicle innovation and the massive growth in European patent applications in this field in recent years," the EPO wrote yesterday. I personally wrote some software to that effect, so it bothers me to see the EPO promoting buzzwords (see the remainder of this tweet) to describe what I know to be mostly statistics and geometry, i.e. mathematics.



"The confidence in European Patents will continue to erode if they work around the law or violate the law.""We have just published this summary of our conference on patenting #artificialintelligence," the EPO then added, using that old foolish buzzword "AIpatents", which is very obviously software patents or patents on algorithms. Who do they think they're fooling?

The 'Battistelli of WIPO', Mr. Gurry, is meanwhile propping up this same software patents agenda using the "AI" buzzword -- the same dirty trick as "AIpatents" from the EPO. As IP Watch put it yesterday:

WIPO Sheds Lights On Artificial Intelligence Patenting Trends In New Report



The World Intellectual Property Organization today released its first report on artificial intelligence showing a sharp rise in patenting activities over the last few years. WIPO Director General Francis Gurry called artificial intelligence a “game changer” during a press briefing yesterday and said WIPO hopes to spark a conversation on the issue among its member states this year. As in most other fields, leading patent offices are the United States and China.


We previously showed how the U.S. Patent and Trademark Office (USPTO) had worked around 35 U.S.C. €§ 101/Alice (SCOTUS) by copying "AI" from the EPO. It copied some other buzzwords from the EPO.

"The EPO should never grant patents on life and on maths. Never."The confidence in European Patents will continue to erode if they work around the law or violate the law. Courts aren't in the business of granting patents but delivering justice, grounded in underlying laws. The EPO should never grant patents on life and on maths. Never. As this article from EUbusiness in 2017 (and also a couple of months ago, "Headlong rush on UTP directive is jettisoning EU principles - and won't help any farmer"), there's a growing perception that the EU and the EPO are against small businesses, farmers, etc. It's hard to disagree because this perception is correct. IPPro Magazine wrote this article yesterday. "Controversial tomato patent revoked following Syngenta withdrawal," the headline said, followed by:

Syngenta has withdrawn a controversial European patent on a tomato plant derived from conventional breeding following massive public outcry.

Following Syngenta’s withdrawal, the European Patent Office (EPO) has officially revoked patent EP1515600 which claimed tomato seeds, plants and fruits as its invention.

The aspect the patent claimed to invent was not genetically engineered but was derived from conventional breeding.

The pressure group No Patents on Seeds, which is a vocal opponent to the EPO’s stance on animal and plant related patents, said some 65,000 individuals from nearly 60 countries and 32 organisations participated in the opposition.


Why was it granted in the first place? Whose idea was it to allow such patents? The appeal boards that are being intimidated by Office management? Whose independence is virtually non-existent (not free to judge without fear of consequences any longer)?

"Patent trolls would benefit from this the most because this is their business model."As we've demonstrated using many new examples over the past week (even yesterday), including some from the highest British court, upon closer inspection a lot of European Patents turn out to be bunk and patent courts in Europe do not tolerate these.

Florian Müller's many posts (as of late) about Qualcomm culminated in this one yesterday:

Four Qualcomm patent suits against Apple dismissed by Munich court, four others in zombie mode



[...]

These are eight cases because there are two cases for each of the four patents, always one against Apple Inc.--the U.S. HQ--and one against two European Apple entities. The older ones of the four patents-in-suit (too old to be challenged before the European Patent Office post-grant, but they are being challenged in the Federal Patent Court of Germany), EP1956806 and EP1955529, are not infringed--for the aforementioned reason (no "standby"). That disposes of four of the eight cases. Qualcomm can appeal, but the "standby" question appears to be an insurmountable hurdle for Qualcomm, and the EPO opinion on the other two patents, while neither final nor binding on the Federal Patent Court of Germany, strongly suggests that the entire patent family is doomed to be invalidated.

Non-infringement was successfully argued for Apple by Freshfields Bruckhaus Deringer's Prince Wolrad of Waldeck and Pyrmont.

Instead of outright ordering a stay of the other four cases (over the two younger patents the EPO deems invalid on a preliminary basis), the court made the procedural decision to give Qualcomm a chance---by way of a reopening of the proceedings--to respond to the EPO's preliminary findings of invalidity. That's because the EPO opinion came in so shortly (just about a week) before today's ruling date in the infringement cases.

[...]

Also, the EPO's opposition hearings will take place later this year, so if the Munich I Regional Court allowed enforcement (which wouldn't matter because iOS 12 contains a workaround) but the EPO issued a final (though appealable) revocation decision later, it wouldn't look good, while the EPO's preliminary opinion justifies a stay of those four cases (short of a silver bullet on Qualcomm's part), and should the EPO change mind, Qualcomm wouldn't have lost much time for enforcement.


We previously covered some rejected (in German courts) European Patents and yesterday Kluwer Patent Blog and IP Kat mentioned a FRAND-related ruling in Germany and SEP in England (those two things are closely related). Reading between the lines, it seems like the EPO is totally disconnected from the rule of law and courts' decisions reflect/show this. What good is a patent that courts do not care for? It's just a piece of paper, usable for extortion purposes at 'best'. Patent trolls would benefit from this the most because this is their business model. They just 'monetise' things of no market/real-world value.

Recent Techrights' Posts

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
 
A Lot of Law Firms Are Collapsing
There has been a lot of discussion about this lately
IBM Red Hat Profited From 5+ Weeks of War in Iran
remember that IBM's current CEO comes from a military family (on both sides)
Associated Press Failed Financially, Now It's Offloading What's Left to Slop (How Sites Die 'Cheaply')
LLMs are not intelligent or any form of intelligence, they are just falsely marketed as such
Microsoft Shares Down 35% in 5 Months, Executives Leave Microsoft
Many people leave (or flee) Microsoft because, seeing what goes on insider, they know what's coming
Are Some Obscure or Chinese Operating Systems (Like Huawei's) Taking Over in "Unknown" Clothing?
statCounter still cannot detect many operating systems
SLAPP Censorship - Part 38 Out of 200: Advertisement or £10,000+ Classified Ad in the Form of Court Filing in Another Continent
Graveley fancies himself some world-renown something
Software Freedom is Closely Connected to Privacy
privacy can be a matter of life and death
What Communities Mean and Look Like (If They're Effective and Focused)
Last week we wrote about this in the context of distros and alleged "inclusion"
April 2026 FSF LibreLocal Concludes in Atlanta
Happy Hacking
Gemini Links 08/04/2026: GPG Symmetric Encryption and Slop in USENET
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 07, 2026
IRC logs for Tuesday, April 07, 2026
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026