Bonum Certa Men Certa

To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

This means that another shallow attempt to nail software patents onto Europe (through courts, not patent offices) may have failed for good

Joke



Summary: The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany

THE PAST few days have been rather quiet at the European Patent Office (EPO) and its staff union, SUEPO, which posted no updates for nearly a fortnight. There are still some documents being passed around, but nothing particularly interesting. We've been keeping an eye on those.



"The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on."Very much as expected, a flood of puff pieces about so-called 'results' (in respective countries and sectors) are being 'reported' on; we saw several dozens of puff pieces in the UK, Germany, Poland and so on (even composed in English in countries that don't speak English). Many articles made it seem like it's a corporate competition, e.g. "Siemens is the leader in European patent applications" and "Huawei drops to 2nd place in European patent filings in 2018". We don't wish to waste time on these because we responded on the same day these 'results' came out and promised to move on to other matters. A lot of these 'new' patents are software patents. The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on. Sounds innovative, right? And also vague enough to mislead already-overburdened examiners.

“The backlash isn't just European but international. Ethiopians, for instance, feel robbed.”IP Kat cited Watchtroll as a source about EPO 'results' in this morning's post which, as usual, lacks any criticism of the EPO. "The Kluwer Patent Blog reports on the results of the EPO's online user consultation concerning a procedural option for postponing examination of a European patent application," it said, ignoring all the negative posts from the same author. António Campinos is in charge now, so IP Kat must act as though everything is perfect (and even delete all comments sceptical of Campinos because that's just "rude"). These people may find it acceptable that the EPO ignores the rules, ignores the courts, ignores its founding document and routinely ignores international law. It might also find the corruption, abuses and suicides acceptable. What do they care as long as there are patent applications and lawsuits? That, after all, is their business. But the sinister ongoing affairs come at a great cost, not just to the UPC but to the EPO itself. Already, as we've routinely noted here, there is more backlash against fake patents (c/f Teffgate). The backlash isn't just European but international. Ethiopians, for instance, feel robbed.

Just before the weekend we saw this press release about intent to grant; pay attention to the fact that there was an opposition, the number of which soared in recent years. To quote:

Shield Therapeutics PLC (LON:STX) said the European Patent Office (EPO) has decided in favour of the company in relation to a patent for its lead product Feracru, an iron deficiency treatment.

The AIM-listed firm said that the decision, made by the EPO’s opposition division, related to patent #2 668 175, which covers a "Process for preparing an iron hydroxypyrone".


Are examiners feeling independent enough to reject a lot of patent applications without facing 'production'-related consequences? "Professional incompetence," as the Office likes to call it? The problem is that many software patents are also being granted; these just aren't being called that as words like "AI" better disguise the real nature.

Days ago José Santacroce (Moeller IP Advisors, Argentina) wrote in Mondaq about the Enlarged Board Of Appeal's case that can put an end to software patents, but can the Board rule on it independently, as per the EPC alone rather than fear? Santacroce wrote:

The invention disclosed in European patent application No. 03793825.5 (IPC: G06F17/50) relates to a computer-implemented method, computer program and apparatus for simulating the movement of a pedestrian crowd through an environment.

The main purpose of the simulation is its use in a process for designing a venue such as a railway station or a stadium. The application is based on the insight that human interaction can be expressed and simulated in the same way as interactions of physical objects.


It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms. Even patent maximalists have publicly admitted this. They worry.

“It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms.”And speaking of public admissions, Managing IP, a key proponent/advocate of the UPC (setting up pro-UPC events for the EPO and Team UPC), has just touched the subject of UPC and it's all humour. Charlotte Kilpatrick wrote about yet another UPC 'debate' and it went like this:

The speculation was mostly humorous with panellists and audience members doubting whether or not the UPC will ever come to fruition as a complaint against it is currently stuck in the German court system. Some on the panel speculated that the courts might be waiting for the fallout from Brexit before making any ruling.

Away from the UPC, Stephane Drouin, chief IP counsel at UCB, commented on how IP is vital to industrial strategy and that UCB is committed to staying in the UK even after Brexit. Clemens Heusch, head of European IP litigation at Nokia, said in a separate talk that how you litigate a patent dispute depends on the patent and the product. He commented that for a pharmaceutical product, companies would ideally fight in every jurisdiction. If you’re dealing with mobile phones with a portfolio of 20,000 families, however, you need to pick and choose your battles carefully.


They changed subject rather fast. There's not much to say about the UPC (it's hardly being mentioned anymore, even in new articles like "Brexit: Bracing for IP Changes"). The EPO never mentions it.

We have meanwhile taken note of today's ads from Patent Docs, with the usual propagandistic headlines/titles.

“If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization".”
      --Anonymous
Here's one titled "JMLS Program on Oil States v. Greene's Energy and Patents as Property Rights"; No, technically and legally patents are neither property nor rights.

How about patents on life disguised as “life science”, as in this ad?

In relation to the EPO they posted this some time in the morning. Notice how American patent lawyers (the litigation 'industry') speak as though they 'own' Europe and the UPC gets mentioned only once:

The Intellectual Property Law Association of Chicago (IPLAC) International Patent Committee will be presenting a program entitled "Practical and Strategic Guide to the European Patent System: From Filing to Grant, Validation, Unitary Patent and Other Options to Obtain Protection in Europe" on March 21, 2019 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in Chicago, IL. The program will provide an overview of the patenting options available in Europe (national vs. regional), the grant stage of a European Patent -- future options after grant (Unitary Patent or EP validation?), and efficient ways to obtain patent protection in Europe.


3 more lame "webinars" were advertised today -- ads that nowadays account for the majority of posts there. We used to tackle/debunk these more exhaustively/thoroughly, but it is no longer a priority.

"UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe."The matter of fact is that "[s]oftware patents are almost completely dead in the US," as one reader told us this morning. "I think a metaphorical stake and garlic are still needed to ensure they stay that way for the foreseeable future.

"If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization"."

UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe. That certainly has not worked.

Recent Techrights' Posts

Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
 
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.