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

Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
 
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day