Bonum Certa Men Certa

The EPO is Still a Software Patents Propaganda Machine and Thus an Enemy of Software Developers in Europe

Speaking as a software developer myself...

Guerra al Capitol



Summary: What today's EPO boils down to is a boil on the face of programmers because it lacks the tact to even shallowly hide its eagerness to grant patents on algorithms in defiance of everything from common sense to law and caselaw

IT IS hardly a secret that the European Patent Office (EPO) nowadays works for patent trolls and massive companies, so half a dozen times week it must pretend that it exists "for SMEs" (here is an example from yesterday; there was another one earlier today and we'll say more about that in our next post). Unlike the U.S. Patent and Trademark Office (USPTO), the EPO cannot be sued and it effectively operates outside the law, so who can put an end to injustices? Apparently nobody. And nothing. Not even the highest court next to a bunch of international courts on Dutch territories. What is going on? How can Battistelli and Campinos keep promoting software patents in Europe even though courts, Parliament, the public and so on all oppose that? Therein lies one problem among many with the EPO. Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers.



"Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers."Cutting straight to the chase, this post is an outline of new examples of the EPO promoting software patents. Of course they cleverly dodge this term, as does the USPTO. Mark Nowotarski, over at Watchtroll (combative pro-software patents site), published the following headline this week: "AI Patents Make a Comeback at USPTO, Finance Patents Are Still Struggling"

Familiar? They too misuse the term "AI", just like the EPO. He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts.

Decline in quality of European Patents is a real thing. It's a thing. It's real! Earlier today I reread the latest nonsense from Campinos, in which he made up some laughable claims of improvement in quality; he didn't even name the methods. Nothing. Some very precise number was named without anything to back that up. Nothing.

Here comes Battistelli's French 'economist', who has been promoting software patents under the guise of "4IR", even in the Gazette. This is what the EPO said about him today: "Yann Meniere, chief economist of the ⁦ @EPOorg⁩, delivering the opening keynote of today’s #IPBCEurope in front of a sell-out crowd in Paris. pic.twitter.com/NqpvBIPbmo"

"He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts."And yesterday the EPO wrote the following about him (see image): "China and the Republic of Korea are growing particularly strongly in ICT-related patent applications at the EPO."

Well, "ICT-related patent applications" are just software patents that the EPO's examiners must not grant if they follow the EPC rather than their management (which flagrantly violates the EPC). So the supposed growth is faked.

The EPO has also just named "medtech" again, in relation to a conference that promotes software patents as "medical" and "for SMEs" (we wrote about it many times before). The EPO asked: Which #medtech inventions can be patented and what are some effective IP strategies to optimise their commercialisation? We'll be discussing that and more here: https://bit.ly/2E5l03D" (the link makes it abundantly clear that algorithms are involved).

"These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision."Meanwhile (also today) Watchtroll has advertised a new "webinar" that promotes software patent in Europe by calling these "Computer Implemented Inventions"; behind the stunt there's a familiar large law firm -- one we wrote about many times before -- and this is their abstract: "Under EPO practice considerations for what is technical and what is not technical are intrinsically bound up with assessment of inventive step: the problem to be solved must be technical and only technical features can contribute to inventive step. In addition, the Boards of Appeal have on occasion attributed a high level of skill to the person skilled in the art in the field of computer science. In this webinar, we will discuss the latest EPO case law on separating the technical from the non-technical and inventive step issues arising in specific areas of technology, such as machine learning and simulation."

As Benjamin Henrion noted, this is their agenda:

* The “notional business person” and her role in examining claims * Effective arguments for inventive step * Machine learning inventions * Inventions using blockchains or distributed ledgers * Simulation and modelling, including the recent referral to the Enlarged Board of Appeal

We wrote about that last item about half a dozen times this month. Will all software patents be voided? Not likely due to lack of independence and thus deficient impartiality.

EPO management controls everything, even judges.

These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision. The EPO is actively liaising with people who attack judges whose rulings are prohibitive (e.g. on software patents). When it comes to assessing patent quality, the EPO bribes publishers like IAM and then cites IAM 'studies' or 'surveys' that celebrate EPO 'quality'. This is what the EPO has become. Is it broken and corrupt beyond repair?

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day