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

Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
 
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock