Bonum Certa Men Certa

The American Patent Microcosm Models Its Lobbying for Software Patents Based on the EPO's Ongoing Violations of the EPC

The "Evil Cows" meme seems appropriate

Evil Cows



Summary: There are worldwide consequences to the EPO's gross violations of the very rules that govern its existence; the patent zealots who profit from misuse/abuse of the patent system couldn't care any less (in fact they cheer for that)

THE António Campinos-run European Patent Office (EPO) continues to grant software patents in Europe, apparently more easily than even the U.S. Patent and Trademark Office (USPTO) grants them. So say various law firms, facing the 'woes' (to them) of 35 U.S.C. €§ 101/Alice (SCOTUS).



"Various high-profile sites also regard/consider Watchtroll a "troll" (not just lobby for patent trolls) and perceive the site as too intellectually-dishonest to even link to; but apparently with Team Battistelli and Iancu it's absolutely fine."The Federal Circuit, citing SCOTUS, does not care what Andrei Iancu says about 35 U.S.C. €§ 101. He's not a judge, but he attacks tribunals such as the Patent Trial and Appeal Board (PTAB) because of inter partes reviews (IPRs). It is very reminiscent of what Battistelli did 5 years ago. PTAB has been besieged (chief judge removed) and together with the litigation lobby -- people like David Boundy [1, 2] -- Iancu tries to discredit PTAB as a whole. Patently-O linked to this newly-revised paper from AIPLA Quarterly Journal a couple of hours ago. This one too is from Boundy.

"Recently (as recently as a week ago) Watchtroll did a series with the EPO which calls for software patenting and suggests ways to make that easier."Iancu nowadays does to the rule of law what the EPO did to the EPC. In Watchtroll he and EPO officials have recently given 'interviews'. For those who don't know, Watchtroll is as radical as one can get in the patent sphere -- it's the only site we refuse to even link to because of its radical views. It's attacking judges, politicians and officials who care about science as opposed to patent trolls and litigators. Various high-profile sites also regard/consider Watchtroll a "troll" (not just lobby for patent trolls) and perceive the site as too intellectually-dishonest to even link to; but apparently with Team Battistelli and Iancu it's absolutely fine.

Recently (as recently as a week ago) Watchtroll did a series with the EPO which calls for software patenting and suggests ways to make that easier. Some hours ago Michael Borella, a proponent of software patents (he doesn't develop software, he's in the litigation 'industry'), wrote about how EPO (mal)practices help the USPTO find excuses to grant abstract patents in defiance of Alice. To quote:

On July 1, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) designated four of its recent 35 U.S.C. €§ 101 decisions as informative. Each of these decisions came down after and applied the USPTO's 2019 Revised Patent Subject Matter Eligibility Guidance. Two resulted in claims being found eligible, and two had the opposite outcome. While not binding on other PTAB panels or examiners, these cases are helpful in understanding how the PTAB is applying the Guidance. In particular, the PTAB appears to be utilizing the Guidance in a fashion that is similar to how the subject matter eligibility inquiry is employed in the European Patent Office and certain other jurisdictions -- as consideration of whether the claimed invention is a technical solution to a technical problem.

[...]

There are a few lines of reasoning running through these four cases that are worth pointing out. For the two that were found meet the requirements of €§ 101, the claims therein are narrowly focused and provide a technical solution to a technical problem. For each, the technical problem and technical solution were described in the specification, and explicitly reflected in the claim language. On the other hand, for the two cases that failed the Alice test, the PTAB specifically stated that the claims were not addressing technical problems, and were broadly drafted.

This suggests that the PTAB may be following a variant of the European view that eligible subject matter must be directed to a technical solution to a technical problem. If so, that is problematic because there is no requirement in U.S. patent law that €§ 101 be applied so rigidly. In fact, the Federal Circuit found the claims in DDR Holdings v. Hotels.com to be eligible despite their being focused on a technical solution to a business (non-technical) problem.


This just comes to show how connected things are; EPO corruption is actively being exploited in another continent to harm software developers, bypass the courts, and help patent trolls.

"They break the rules and hope that buzzwords can help to obscure their illegal agenda."As we mentioned the other day, IAM also paid some lip service to this agenda when it painted software patents as "blockchain" patents and hours ago blockchain enthusiasts linked to that; those are fake patents or abstract patents riding hype waves and exploiting officials whose sole objective is granting as many patents as possible. To quote:

South Korea has the highest blockchain patent grant rate, according to London-based law firm Withers & Rogers. Meanwhile, Japan comes at a distant second, intellectual property business media platform IAM reports on July 23.


It was actually the EPO, not the USPTO, which organised a whole event (with an American patent troll on the panel) to advance software patents under the guise of "blockchain". It had done the same thing with "hey hi" (AI) -- just as the EPO did with Watchtroll last week. They break the rules and hope that buzzwords can help to obscure their illegal agenda.

Recent Techrights' Posts

IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
 
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026