Bonum Certa Men Certa

IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

IBM explains that "HEY HI" (AI) helps applicants patent software where such patents are not actually legal

On shortcuts



Summary: The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO

THE European Patent Office's (EPO) President António Campinos, the chosen successor of Battistelli, continues to promote software patents in Europe. This is no laughing matter; what they do is illegal. We're not exaggerating. It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal. The damage is potentially enormous. It's difficult to measure because much of this is happening behind closed doors (e.g. secret settlements, like those IBM has plenty of). I've heard lots of stories, but there are NDAs.



"It's not a "crib notes"-type offense because they give actual monopolies (to bully companies with) that are illegal."Where's the media? Where the Hell is the media? Why on Earth is nobody covering these things? Why do real journalists no longer write at sites such as those that specialise in patents? We used to know some. But they're gone. Did something happen? I've asked those whom I know. They don't want to talk about it, perhaps fearing retribution. We've been investigating in recent days why European (or EU-ropean) "news" sites no longer cover EPO corruption. I sent questions to people I knew, questions like "Why do you no longer write at [x]?"

"Did something happen?"

"Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely)."Several European (or EU-ropean) "news" are bribed by American billionaires (we know that much as they admitted it) and we have legitimate reasons to believe they demote or even fire people for covering crimes. That's just not good for attracting businesses, advertisers and so on. Techrights used to write many articles about why European media won't cover EPO corruption (not much, barely and rarely). It hardly covers that at all anymore. Amplifiers of law firms dominate the media; their business model is just that. It's not really news, it's just marketing that looks like reporting. Look at last week's 'reports' about the EPO's 'festival' in Australia. Some sites literally copied press releases from the EPO and filed those under "news" or "articles" sections. How about this new one? It's rather frustrating to see. This morning I saw one company running a paid press release about being granted patents by patent offices not exactly renowned for quality (yes, EPO). I hardly find anything (anymore) about EPO scandals. One might be led to think that everything is suddenly rosy. SUEPO too is afraid to speak directly. IP Kat has become an utter joke (we wrote about it recently). What gives? As we pointed out over the weekend, World Intellectual Property Review (WIPR) had done lots of puff pieces recently about "hey hi" (AI), pushing software patents using these buzzwords. WIPR is like EPO PR. It used to cover EPO scandals, but not anymore. I can guess why, but I'm waiting for replies (if any). Here is the new EPO puff piece from WIPR. It's about its annual 'festival' that cost millions of euros per hour (they even pay for so-called 'journalists' to fly over).

"Amplifiers of law firms dominate the media; their business model is just that."Staying with WIPR for a moment, it has just done another "hey hi" article ("TPN Europe 2019: Keep software patents simple, says IBM lawyer"). Blue Bully IBM, which is buying Red Hat, is a pusher of algorithm monopolies in Europe (yes, Red Hat's stance on software patents is in trouble because lawyers from IBM will wipe it out). “With the EPO, it’s a lot clearer [and] a lot easier," IBM lawyers say. Some large European law firms too have publicly said (at events) that it's easier to get software patents at the EPO (than the USPTO and others). That's how bad things have become. To quote some portions:

According to Kevin Fournier, IP lawyer at IBM in the UK, when drafting a software patent application, the best means of assessing an idea or an invention was to show it to a software developer.

Speaking at Technology Patent Network Europe 2019, hosted by WIPR in London last Thursday, June 20, Fournier said that “if software developers are impressed by the invention, then you’re really on a winner”.

Outlining his approach to patent claim construction, Fournier said “the worst thing that you can possibly do is have a method claim that requires the action of three or four different entities”.

The IBM lawyer advocated for the single method patent claim as a useful tool for patent attorneys.

The more complex a claim and the more actors are involved, then an applicant has “more to prove; [it’s] another argument that you have to make,” Fournier said.

[...]

Commenting on the UK Intellectual Property Office’s approach, Fournier said that, in his experience, “the technical contribution seems to be interpreted more narrowly”.

“With the EPO, it’s a lot clearer [and] a lot easier, as long as you can show that the features that are critical to the invention are contributing to the technical effect,” he added.

Fournier also questioned Kennedy on his observations on emerging principles in AI patent drafting.


Notice that part about "hey hi" (AI); it's their favourite term these days. Benjamin Henrion has just found this tweet: "Una vez más, como experto en el Comité de Derecho de Patentes de @wipo #scp30 con interesantes documentos sobre "licencias obligatorias", "actividad inventiva en química" e "Inteligencia Artificial, IA" los dos últimos elaborados a propuesta de la @OEPM_es (IA con @INPIFrance) pic.twitter.com/LNeMgs7G5W"

"Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents."IA, AI... different languages, same nonsense. On "hey hi" he also noted "Coons and Tillis to restore US swpats: "we will investigate ways to sharpen the "field of technology" requirement to ensure that critical advances like AI and medical diagnostics qualify, but not economic transactions or social interactions" https://is.gd/elsynt" ("Cached here," he told me because of the paywall)

"Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense."Yes, not only the EPO but also the USPTO uses the same trick; they're sharing this 'toolkit' for software patents. As Henrion noted, linking to this page and new tweets, the EPO also still allows software patents which are disguised as hardware. To quote these vocal proponents of software patents in Europe: "Protecting a cryptographic computation against power attacks is considered a technical problem if, and only if, the computation is actually carried out on hardware and thus open to such attacks."

"Oh, wait," I responded, "I thought I was going to execute it with/on pen and paper. Software (patents) are "hardware" (patents) because machines can run programs?"

As we said at the start, nobody covers these very serious issues that will cost Europe billions in damages. Nobody seems to care. Not in the media anyway; too busy liaising with law firms and booking flights to EPO events at the EPO's expense.

Recent Techrights' Posts

Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
 
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025