Bonum Certa Men Certa

EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

Everything under the sun becomes a European Patent

Snow under the sun



Summary: The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either

THE New€® and Improved™ President of the European Patent Office (EPO), António Campinos, has done absolutely nothing to curtail patent trolls and improve patent quality. Nothing whatsoever. He arguably made things even worse, exacerbating quality as brain drain persisted and quotas were raised.

"...the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving")."Another day passes and we have yet another example of EPO management promoting software patents in defiance of its governing principles/document. As we noted last week (and yes, it's happening again), the EPO is disguising software patents as "medical", knowing these are not patent-eligible but looking for excuses to grant such fake patents (as if they're "life-saving").

The latest tweet about it isn't as vague as the previous one because they've just added "CII" when they wrote: "We will be looking at computer-implemented inventions in #MedTech and discussing the value of patents for SMEs at this event in Sweden..."

They still use "SMEs" to pretend it's all about the "small guy", not just "health".

"We have discussed the challenges of drafting and prosecuting patent applications for AI inventions," the EPO then wrote, in effect propping up software patents in Europe (see our older writings about this ‘artificial intelligence’ (AI) hype).

This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli.

"This is the typical 2-3 EPO tweets per day that directly or indirectly promote software patents. It's even worse now than it was under Battistelli."D Young & Co LLP's Anton Baker now celebrates the granting of bogus European software patents under the guise of "AI"; this deviation from the law is rebranded "certainty" ("Patenting AI: certainty at last from the EPO?"); that's is quite a joke! There's no certainty in actual courts; rather the opposite. Lexology's paywall obscures most of this nonsense, but it starts as follows: "In recent years the importance of artificial intelligence (AI) and machine learning (ML) has grown relentlessly as its application has spread..."

No, a lot of things that used these techniques for a number of decades just rebranded accordingly, mostly for marketing gain and patenting loopholes. This article is from a firm which describes itself as "European intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights." That's just Team UPC's mentality. It's that familiar mindset of patent maximalism with increasing litigation in mind.

"A lot of these patents would be rendered invalid by courts (if challenged there)."We said we would no longer cover US affairs unless software patents make a comeback. Thankfully, that's not happening. Bogus software patents continue to perish in the US and Charles Bieneman has several new examples of US courts rejecting software patents [1, 2]. We've come across several more.

A lot of these patents would be rendered invalid by courts (if challenged there). Joost Duijm has in fact just written this article about a European Patent that's on shaky ground in the domain of medicine; A German court rejected this European Patent, whereas a Dutch court reaches another decision. Only lawyers benefit from this questionable presumption of validity and return to court. To quote:

On 16 January 2019, the District Court of The Hague ruled that the Dutch part of Eli Lilly and Company’s patent EP 1 313 508 is valid. The judgment was handed down in an invalidation action brought by Sandoz International GmbH.

[...]

At the end of the decision, the Dutch Court explicitly refers to the German decision by the Bundespatentgericht (BPG). The Dutch Court says that it is aware of the fact that it comes to a different outcome than the BPG. The Dutch Court suggests that this might be because the Bundespatentgericht based its decision on (partly) different (combined) prior art than the art in the Dutch proceedings, and because the debate at the BPG also seems to have been different on other points.


What will happen to all those software patents if or when they land in court? Florian Müller recently wrote about Blackberry's exploitation of highly dubious European Patents on software. Yesterday he carried on by writing: "Today the Seventh Civil Chamber (Presiding Judge: Dr. Matthias Zigann) held a first hearing in a BlackBerry v. WhatsApp & Facebook case that is part of a set of eight Munich patent infringement actions--over five different patents--against Facebook and its WhatsApp and Instagram subsidaries. The patent-in-suit discussed today: EP1746790 on a "method of sharing an Instant Messaging history." It's undoubtedly a pure software patent, and Judge Dr. Zigann noted, diplomatically, that such patents are "at the margins of the scope of patent-eligible subject matter." However, the focus of first hearings in Munich is on claim construction and infringement analysis (so the parties can prepare accordingly for the second hearing, which is normally a decisive trial), not on validity."

"So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage."BlackBerry, probably inspired by the likes of Qualcomm, wants a German injunction; so software parent grants are now causing ridiculous embargoes (or attempts at embargoes) over rather basic implementations that are neither novel nor original. Blackberry lacks a real business strategy; as Benjamin Henrion has just put it: "Blackberry vs NTP was the lawsuit that created the "patent troll" term back in 2006, now failed Blackberry is turning into a troll, what a surprise."

He then mentions Nokia, which Microsoft turned into a troll.

Müller has complained to me that corporate media isn't covering the case. The EPO certainly wouldn't want this noticed; watch what it published late on Friday as its weekly "highlight": it's this ridiculous fluff: (warning: epo.org link)

The EPO's art collection comprises some 800 works. Founded in 1980 and dedicated to emerging art, the collection aims to provide a link to society and, at the same time, to enhance the workplace for EPO staff and reflect its multicultural nature.


So the EPO has an extensive art collection, yet it can't be bothered with prior art or with the EPC before granting outrageous patents that cause a lot of damage.

Recent Techrights' Posts

An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
 
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day
Under IBM, Some Fedora Blog Posts Have Become LLM Slop! (Red Hat is Doomed by Slop Fanaticism)
Who would even bother reading such trash?
Lots of People Leaving IBM Today
IBM cannot be trusted
Dances With Wolves, Wakes Up With Fleas
Small minds say "td;dr" whereas the rest say, "give me information, give me time to study it"...
LLM Slop Rare and Scarce This Friday
We still hope that by the end of this year slop will become nearly extinct
Defending British Democracy From American Predators
We stand united and strong in the face of predators
Links 06/03/2026: LLM Prompt-injection Vulnerability in Microsoft's Proprietary GitHub, "260,000 Federal Jobs Lost"
Links for the day
It's Friday and Many People Publicly Announce Leaving IBM (Which is Engineering 'Willful' Departures to Mask RAs' Scale)
We understand from whistleblowers that IBM already destroyed Red Hat's culture
Dr. Richard Stallman (RMS), the Man Whose Mind Scares GAFAM et al, Began Speaking in Switzerland
His ideas and ideals are not obscene
Gemini Links 06/03/2026: "Setting up the Feed" and Using Molly Brown
Links for the day
Links 06/03/2026: Can't Copyright Slop in US, Microsoft Became Slop Provider for Militarism
Links for the day
Garrett Does Not Just Try to Cover Up for Himself, He's Clearly Covering Up for His Mates From Microsoft (and Admits Third Parties Fund His Litigation, With Their Legal Bills Estimates Already Approaching $1,000,000)
They have already sent us about 75 KG of legal papers. How is any judge supposed to keep up?
Richard Stallman in the United States - Part IV - Back to Switzerland
The "cancel mob" tried to "finish off" RMS 5 years ago
Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
Threats Issued to Daniel Pocock Having Launched the JuristGate Web Site Which Covers Financial Fraud in "Legal Insurance" Clothing
Is our world governed by laws or by rich corporations (or nations/superpowers) with well-connected lawyers/politicians?
International Women's Day: At the EPO, for Women to Become Managers They Need to Sleep With Well-connected Men and Mingle With Corrupt Men
Sunday is International Women's Day
Dr. Richard Stallman Starts His Talks in Switzerland in 8 Hours
They try to assess how many people plan to attend to ensure everyone gets a seat (without compromising the privacy/identity of those attending)
IBM Red Hat Layoffs: It's Not About "AI"
"Automation" is not "AI", it's just a generic term which can describe jobs left for machines to do, sometimes computers
Microsoft Windows Used to be Identified on Over 99% of Web Requests From Benin. Now It's Around 50%.
Or a lot less
Microsoft 'Open' 'AI' Has Severe Financial Problems, Version Inflation ("GPT-5.4") is Mindless Hype and a Misleading Distraction
In practice, both users and sponsors of ChaffGPT are fleeing
The Techrights Static Site Generator (SSG) Turns 5 Next Year
It's still under active development in our Git servers
New XBox Boss (Sharma) Implicitly Confirmed XBox (the Console) is Now Dead
Vista 11 is now also known as "XBox"
Murder as a 'Joke' to GAFAM People (Sociopathy)
When it comes to Microsoft and Salesforce, they profit from this mentality
GNU/Linux Seen as Rising to 20% in Eritrea, But That's statCounter Identifying "Unknown" as GNU/Linux
What if statCounter managed to figure out what all those "unknowns" are?
Microsoft ‘Project Helix’ is Just a Tweet in MElon's "X"
Some "tweet" is easy, as words are cheap
Microsofters' SLAPP Censorship - Part 4 Out of 200: Rianne’s Version of Events and Narrative
today we tell Rianne's experience
EPO Staff to 'Meet' This Coming Tuesday to Plan Industrial Actions Including Upcoming Strikes
using Microsoft spyware to organise this can be an own goal because Microsoft serves the dictators, not the union that tries to topple them
Thousands of EPO Workers Rally Against EPO Management
The staff is furious to see what became of the EPC and the EPO. This is not sustainable.
In Argentina Firefox is Measured at Only 1%, Google Chrome (Proprietary) at About 90%
And it has long been that way
IBM's March 2026 Layoffs Already Happening (to Accelerate Soon in Europe and America)
We're probably seeing some of the last years of IBM and it's anything but certain that IBM can survive the coming decade
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 05, 2026
IRC logs for Thursday, March 05, 2026
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026