Bonum Certa Men Certa

How Long Can the EPO Bend the Rules Before the Avalanche of Invalid Software Patents?

The epidemic of patent trolls in Germany is becoming ever more visible

German troll



Summary: A 35 U.S.C. €§ 101/SCOTUS moment in Europe will likely squash loads of abstract European Patents granted by the EPO; shouldn't the EPO foresee this and immediately cease granting such obviously bogus patents, whose main beneficiary is a bunch of patent trolls?

THE European Patent Office (EPO) belatedly admits severe patent quality problems [1, 2, 3]. It has said nothing publicly, only internally, so surely António Campinos is aware (but chooses to keep silent, as usual).



We predict that in the coming days, maybe late on a Friday as usual, EPO management will push something into the media (or its site) to control/change the narrative; we also imagine, as we explained earlier this week, that one day a lot of abstract European Patents will perish in bulk (like many on biological processes a couple of years ago).

"We predict that in the coming days, maybe late on a Friday as usual, EPO management will push something into the media (or its site) to control/change the narrative..."Why has the EPO taken such a suicidal path? It's devaluing hundreds of thousands of existing European Patents and stakeholders won't be happy about it. Only lawyers benefit from this legal barbwire.

Charles Russell Speechlys LLP's Mary Bagnall, in a new and paid Lexology 'article' (self-promotional ads is what these sites boil down to), has just put out something titled "Brexit: Implications for Intellectual Property" [sic] -- an 'article' like many before it which covers UPC and other things lawyers want for litigation invoicing. They want as many lawsuits as possible and they worry that Brexit puts that at risk/peril.

"They want as many lawsuits as possible and they worry that Brexit puts that at risk/peril."Another law firm, Withers & Rogers, has just hijacked a publication to promote illegal software patents in Europe (under the guise of "AI"). Harry Strange and Stuart Latham, partner and patent attorney at Withers & Rogers, put out something titled "A guide to protecting AI and machine learning inventions" in so-called 'media' (marketing) and it's all about the EPO:

As well as there being evidence of more global patent filings, the AI and machine learning technologies featured in these applications have become increasingly sophisticated. To illustrate this, a recently published patent highlights technology capable of generating audio using a convolutional neural network. Preliminary examination of the patent carried out by the EPO indicates that the invention does indeed meet the described patentability criteria. The 'technical effect' produced by the patented invention is considered to be a reduction in the computational requirement to generate waveform data compared to existing methods. This should be reassuring for both innovators and practitioners, as it clearly shows that the guidelines are being followed by the examiners at the EPO.


These are all just algorithms. Why does the EPO still welcome patents on algorithms? Surely it knows that courts have repeatedly rejected this, citing the EPC. Surely it also knows what happened in 2005 in Parliament. Surely it can see that national patent policy have barred such patents. Why is the EPO actively promoting illegal patents under the guise of "CII" or "AI"? So frequently in fact, to the point of banality...

Yesterday the EPO wrote: "What are the best IP strategies when it comes to your computer-implemented inventions in #MedTech? Find out at this event..."

"Why is the EPO actively promoting illegal patents under the guise of "CII" or "AI"? So frequently in fact, to the point of banality..."This is the third such tweet in little over a week (the first one did not have the "CII" part, which was only included in the cited page).

These patents are definitely not benign; there's plenty of trolling with software patents in Germany. Some of this has been measured and it's a fast-growing trend. As recently as half a day ago we saw a report titled "Enforcement of German injunctions forces Huawei to take MPEG LA's AVC Patent Portfolio License" (MPEG-LA is technically a troll) and it makes Germany resemble the worst districts in the US. It's bad enough that the U.S. Patent and Trademark Office (USPTO) granted something like a million or two software patents. Thankfully, owing to Alice and expiries few of these are worth anything anymore. There are some caveats, sure, but trolls mostly rely on subjective courts in particular districts (litigation venue does matter).

"It's understandable that people who make a living from litigation just want more and more and more patents."A couple of days ago we saw David Lisch at Watchtroll with the title "The Newest Patent ‘Rocket-Docket’: Waco, Texas" (around the centre of Texas, if not a tad to the east albeit not Eastern Texas or notorious EDTX/TXED). So maybe the trolls can be their new Branch Davidians? That would not vibe well with about 120,000 locals. Being a litigation capital won't do any good for the town's reputation.

It's understandable that people who make a living from litigation just want more and more and more patents. Consider Gene Quinn's "Mitigating ‘Justified Paranoia’ via Provisional Patent Applications" (at Watchtroll, same day as above) and loads of similarly-misleading calls for patenting, such as the above from Withers & Rogers. But it's malignant and corrosive to the real economy. Shouldn't Europe learn from the mistakes of the United States? Instead of repeating these? There's no lack of cautionary tales. Last night, for example, Unified Patents spoke of a rather infamous patent troll, Leigh Rothschild, who suffers a blow in the Patent Trial and Appeal Board (PTAB) after an inter partes review (IPR). Josh Landau (CCIA) has also just brought up Blackbird (another notorious troll) in the context of the Federal Circuit's decision on Berkheimer.

"The EPO is mostly enabling trolls by granting such bogus patents, knowing that courts might never get around to scrutinising these.""These changes represent serious threats to the tools that have been developed to combat low-quality, invalid patents," he argued. "Those patents, as I wrote earlier this week, do more than threaten to take money out of the pockets of large companies. They also threaten the existence of small companies—the exact companies who most need the kind of quick, inexpensive processes for fighting a patent that Berkheimer deters."

Thankfully, however, a lot of patent trolls who rely on software patents are worthless and penniless now; some get disbanded. If they target small companies there's little chance of a day in court (to challenge the underlying patents or infringement thereof), so these patents must never exist in the first place. The EPO is mostly enabling trolls by granting such bogus patents, knowing that courts might never get around to scrutinising these. In the case of MPEG-LA, such patents get leveraged in bulk to make legal challenges extremely long and expensive. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
 
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day
The Fate of "Alicante Mafia" at the EPO Yet to Be Determined
It'll be interesting to hear what they say about the secret meeting regarding the future of Campinos
Gemini Links 15/10/2026: Medical Difficulty, Science Fiction, and Playstation 3 Dies
Links for the day
Links 15/10/2026: Cuts to Public Health and Misuse of License Plate Data for Social Control
Links for the day
Links 15/10/2026: ALPRs Are Mass Surveillance, GAFAM Front Group ('New' EFF) Asks the Wisconsin Supreme Court to End Warrantless ALPR Searches
Links for the day
IBM RAs: "It's on Me"
IBM has no respect for the workers and it tries to hide the layoffs
Gemini Links 15/10/2026: Literature, Funerals, and Devices
Links for the day
The Efforts to Criminalise Opposition to a Ponzi Scheme Sold as "Super Intelligence" (Plagiarism Engines, Disinformation Generators)
Cops are becoming combatants for slop bros, i.e. they use power to promote a Ponzi scheme
Clownflare Sees Most Requests in Africa Coming From Android (Linux)
Android is the dominant platform
IBM's "RA Season" is Nearly Upon Us, But Tens of Thousands Are Already Marked for Removal With PIPs (as "Low Performers")
IBM is a dying company
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026