Bonum Certa Men Certa

The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

Ignorance is bliss

Antonio Campinos



Summary: The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value

WE ARE very thankful for 35 U.S.C. €§ 101/Alice/Mayo (SCOTUS). Earlier today we asked for recent examples of court outcomes that can overturn/overrule 35 U.S.C. €§ 101 precedents. We got none. Nothing of high importance/level (higher courts) and/or precedential. Nothing since Valentine's Day of 2018 (Berkheimer). The U.S. Patent and Trademark Office (USPTO) and the ITC are managed by patent maximalists like the EPO's António Campinos, who is promoting software patents in Europe. But what has far more weight is a combination of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which are still effective at squashing software patents in the US, and the Federal Circuit affirming PTAB much of the time and correcting (overturning) district courts if they tolerate software patents. I've put links about it in Techrights daily links. We try to focus on the Linux Foundation and the EPO instead. Our battle against software patents has been partly successful in the US, but not in Europe. Not yet anyway.



"Apparently, everything (or just about anything) software or code or computer or machine or algorithm is "AI" now."Focusing on Europe, as usual, yesterday we caught the EPO tweeting about "blockchains" again (i.e. illegal patents that the EPO keeps granting in defiance of caselaw, EPC, instructions from European authorities and demands from software professionals).

"Have a look here to learn how patent professionals are navigating the changing landscape of blockchain," the EPO wrote, linking to the usual nonsense.

Also yesterday (nighttime) Managing IP published 3 new articles. The first said “Argentina’s trademark updates continue clumsily” and readers can guess what they mean by “clumsily” (not as profitable for us and our clients). So says a headline of a lawyers’ front group, funded by law firms to masquerade as a news site and grant them awards, puff pieces, lobbying events...

On the same night the site resumed promoting software patents disguised as "AI", alluding to its "US Patent Forum" as follows: "Conversations around artificial intelligence (AI) innovations concluded with more questions than answers at Managing IP’s US Patent Forum in New York City on April 4."

"So the USPTO basically continues granting patents which it knows in advance courts would reject."Apparently, everything (or just about anything) software or code or computer or machine or algorithm is "AI" now. It's a passing fad, surely, which faded away before (the term ot the concept is hardly new). Then the site promoted this sheer nonsense about patents on "tech and life sciences" (they mean software and nature/life). This article is thoroughly false as its title (yet again) claims "USPTO eligibility guidance could create consistency" even though the opposite is true (judges throw out patents while puring cold water on Iancu).

So the USPTO basically continues granting patents which it knows in advance courts would reject. This is the same thing the EPO is nowadays doing. This is one of the many reasons examiners have complained for about half a decade.

"It's like a copy of the EPO's press release, which was dishonest."IPPro Magazine's Rebecca Delaney has just published this article that's a puff piece (as it's not Barney, her colleague). It's like a copy of the EPO's press release, which was dishonest. We wrote about it yesterday, stressing that the EPO is again offering money for sellout 'scholars' who produce propaganda disguised as 'research' in an effort to “encourage more academic research” (to use their words).

Research like what? How wonderful patents on pigs, figs and seeds would be? As recently as yesterday we saw patent maximalists like Andrew Bentham (J A Kemp) not caring about common sense, only litigation euros, even over patents on life itself (and nature itself). In Mondaq J A Kemp published (probably for a fee):

Recent weeks have seen important developments in the debate on patent-eligibility of plants in Europe, with the EPO's Boards of Appeal and its President, Administrative Council and member states pulling in opposite directions. The President has now referred questions, published today, to the Enlarged Board of Appeal, but the admissibility of the referral is uncertain, so it is unclear how or when the Enlarged Board will react. Applicants in this field will therefore face further delay and uncertainty. More generally, this is also a highly unusual, polarised situation that highlights the potential for conflict between different branches of the European patent system. Fortunately, however, this issue only directly affects some plant-related applications, not all that generally relate to plants in some way.


Rose Hughes also wrote about it yesterday (third time in recent weeks!) to say:

The President's referral follows swiftly from the Board of Appeal (BA) decision in T 1063/18 (Pepper). For the full background to the case see IPKat post here. In summary, the EBA found in G 2/12 (Broccoli/Tomato II) that Article 53(c) did not exclude plants produced by essential biological processes from patentability. The European Commission subsequently issued a notice of the (non-legally binding) opinion that the biotech directive excluded plants produced by essentially biological processes from patentability. In response, the Administrative Council (AC) amended Rule 28 EPC to explicitly exclude plants produced by essentially biological processes from patentability.

The BA in T 1063/18 (Pepper) found that the AC's interpretation of Article 53(b) EPC by amendment of Rule 28(2) EPC was in conflict with the prior interpretation of the Article by the EBA in G 2/12 (Broccoli/Tomato II). The Board in T 1063/18 (Pepper) found that the AC Rule amendment was void. The Board in T 1063/18 (Pepper) also did not feel it necessary to refer the issue to the EBA, reasoning that the EBA had already decided on the question in G 2/12 (Broccoli/Tomato II).


Sadly, EBA cannot rule as it sees fit as per the law; there's a risk involved, having witnessed the fate of Judge Corcoran, their former colleague (back in the days before the exile to Haar, which is rightly perceived as collective punishment and a stark warning).

"...the EPO is again offering money for sellout 'scholars' who produce propaganda disguised as 'research'..."A comment was left yesterday to speak about the defunct EPO structure: "It will be interesting to see how independent from the president and the AC the members of the BoA and of the EboA are under the new performance evaluation system which has a direct influence on their reappointment."

People aren't forgetting. The above site (IP Kat) has also just published an article for the notoriously aggressive law firm the EPO hired to stalk and bully me (Mishcon de Reya). Rosie Burbidge published for these thugs something about "IP [sic] and the gaming industry". Yesterday I got a couple more threatening letters asking me to remove articles -- a request I strongly reject. I will say more on that sooner or later as we examine and consult people who know how to handle it.

"Yesterday I got a couple more threatening letters asking me to remove articles -- a request I strongly reject."The book in question does not mention "IP", but Mishcon de Reya interjected this nonsense into the headline. There is no such thing as "IP", but yesterday the EPO wrote: "University spin-offs need access to the relevant IP early on."

I responded by asking: "Did you mean to write patents and then some PR person or lawyer rewrote it?"

That misleading propaganda term is again supposed to make us think that patents are rights, are property (hence "property rights") and are granted some magical power for being "intellectual" (are plants and seeds intellectual even though they had existed in nature since before humans even existed?). We're supposed to think nature itself is science.

"That misleading propaganda term is again supposed to make us think that patents are rights, are property (hence "property rights") and are granted some magical power for being "intellectual" (are plants and seeds intellectual even though they had existed in nature since before humans even existed?).""We'll be discussing the business advantages of IP," the EPO also wrote a short time apart, "illustrated by the story of a successful SME, at this event in Bucharest..."

Here are some more "IP" tweets from yesterday, some with "IP" in their hashtags too.

We're guessing that the EPO will resort to more two-letter acronyms like PR, IP and AI because that's about short enough for the mental capacity of Team Campinos, a team led by a former banker with zero background in science and several of his former colleagues.

Recent Techrights' Posts

FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026