Bonum Certa Men Certa

When Patent 'Professionals' Sound Like Children Who Learned to Parrot Some Intentionally-Misleading Buzzwords, Myths and Lies

Pencil/crayons



Summary: With buzzwords like "AI" and misleading terms like "IP" the litigation zealots are trying to convince themselves (and the public) that software is a physical thing and a "property" which needs "protecting" from "theft"; it doesn't seem to bother these people that copyright law already covers software

HOW can a patent office seriously assert that it is serious about innovation when everyone who meets the officials comes from law firms and rarely has any scientific background? If this system's inception truly dates back to need to advance science, shouldn't these officials focus on actual scientists?



This may sound like a shallow observation, but it perfectly describes the pattern we've been seeing at the European Patent Office (EPO) under António Campinos and his predecessor Battistelli (neither of whom has any background in the sciences). Seeing how the U.S. Patent and Trademark Office (USPTO) wants to work around 35 U.S.C. €§ 101, we're nowadays witnessing a similar trend in America too. A resurgence of software patents in Europe poses risk to US (case)law as well. We hope that American readers understand that. The EPO openly brags about objectives like spreading software patents to the whole world. We've covered this before.

Entryism and Cronyism



The litigation 'industry' appears to have convinced the world's patent offices (or infiltrated these offices) to deviate and depart from the law in order to simply increase the pace of granting (patent-granting), disguising old things with a fresher coat of buzzwords and hype; this has been the case in Europe for a number of years and it's now being imitated by the United States, whose administration comes from the litigation firms themselves. The issue occurs at two levels typically; one is the patent office, the other being the lawmakers (law firms pay them money to alter patent law to the detriment of science).

We're troubled to see who's shaping today's laws in Europe, judging by who submits recommendations to the EPO and whose submissions the EPO amplifies the most. Mitscherlich PartmbB's Sebastian Roth has just written about "European Opposition Proceedings" (Board of Appeal (EPO) decision T 1087/15) and his colleague Martin Koerberc wrote about "EPO Opposition & Appeal" -- something that significantly increased in number in recent years (soared even) due to significant declines in patent quality. The EPO does not seem to mind all this; it profits from it. The adherence to law does not matter much, either. The EPO ignores courts anyway. It's really, really bad.

Generally speaking, corruption at the EPO is the world's eighth wonder. Wonderful to see nobody held accountable. Ever. One would assume that accountability exists in Europe (a relatively developed continent, constitutionally speaking), but the EPO is an island and nobody is able to justify its immunity, which is regularly abused. All the EPO wants is lots and lots of patents and no rights for staff. None at all.

There are many facets or aspects to the EPO's abuses, but here we focus on patent scope rather than labour rights, immunity and so on.

'Kids' Learn About the Mighty "HEY HI"



Let's start with WIPR's article about AIPPI with its Echo Chamber Congress, where liars and lawyers prop up "HEY HI" (AI) hype in order to promote illegal patents that aren't valid. "While the number of patent applications relating to artificial intelligence has soared in recent years," it says, "there is still some confusion around the patentability of the technology, as lawyers discussed at the AIPPI World Congress."

What they mean by "AI" is just some old algorithms spun as "AI" for the sake of bypassing rigid restrictions. The EPO welcomes such bypassing tactics; it compels examiners to fall for these.

"AI is not patentable," Benjamin Henrion wrote in response to this, "as software is not patentable, under the EPC and under Alice. Till the patent offices ignore the courts and the law... [...] When the French courts will say that AI is nothing more th[a]n an unpatentable computer program."

This alludes to what happened in the past. The EPO just ignores all caselaw that does not suit patent maximalists. In other word, the EPO arrogantly breaks the law, ignoring even those who highlight the issue. Why is this being tolerated and how long for? Until the Office collapses? Until patent certainty is so low that there's decrease in 'demand'? The number of applications for European Patents is already decreasing. The EPO's management very well knows that, so its response is to power the patent bar further and further. It does so even when it's blatantly and obviously illegal. It's like banks that 'grant' more and more 'toxic loans' just to fake growth. They don't let themselves be too worried about the imminent or the inevitable collapse. That will be "someone else's problem," they must be telling themselves. In the case of banks the public typically foots the bill for all this corruption and greed, whereas in the case of patents the wrongly-accused parties (businesses and individuals) bear the cost.

"Our member states need an Office that can be the advocate of patents in Europe and promote the development of an effective patent system," the EPO wrote last week. But the EPO is intentionally granting illegal patents that are proven, based on studies, to harm innovation. There is a body of scholarly work that they ignore and at the same time they offer bribes to academics willing to manufacture 'studies' which support EPO agenda. This is as unscientific as it gets. It's something to be expected from oil companies, not a monopoly on Europe-wide patent grants. What makes this ever more obscene is that the EPO ceased to even hide this; it is openly advertising its sponsorship of self-serving 'studies'. Not even oil companies are foolish enough to do this (one has to dig and inquire a little). Not too long ago the EPO manufactured some 'greenwashing' propaganda. which it spread as recently as a couple of days ago*.

Pretending Patents Are 'Property'



Other than "HEY HI" there's also the "AYE PEE" (IP) hype. There is no such thing as "AYE PEE". Lumping together trade secrets, copyright, trademark and patent law assures a misleading and pointless discussion. Society should abandon lawyers' propaganda terms and use more meaningful vocabulary instead.

The other day the EPO wrote: "Together with national patent offices and the @IPRHelpdesk, we'll be sharing our expertise on how sound IP management can boost your business at these seminars..."

So-called 'IP' management...

The EPO retweeted another thing to that affect and wrote separately about "an opportunity to improve technology commercialisation with open-innovation strategies facilitated by IP."

Here they go with 'IP' again; the EPO does only patents. Strictly so. Unlike UK-IPO, USPTO and so on.

Tosshan Ramgolam published on the same day something entitled "Introduction to the IP Education Series".

When you say "IP" that already means that you are intentionally dishonest and not interested in education, only propaganda terms like "piracy".

In the past couple of days the EPO also mentioned "SMEs" quite a lot (even by its own bad standards). Trying hard to distract from the harm caused to them by the EPO? Without a so-called 'professional representative' (i.e. very expensive law firm) the SME is lost in the haze**, as we've shown before, outspending many of its practical operations. Something like the UPC would make things orders of magnitude worse for SMEs.

Lies Told by Team UPC 'Kids'



Then, retweeted by EPO was its Vice-President (from UK-IPO) saying: "Great opportunity to meet UK users of the @EPOorg at the @TheCIPA Congress."

The EPO is in bed with Team UPC, looking to harm SMEs all around the world. CIPA is a predatory body of patent maximalists. Also retweeted by EPO was CIPA's own tweet: "We're delighted to welcome Steve Rowan, Vice-President of @EPOorg, to give the morning keynote at #CIPACongress2019"

Totally inappropriate for the EPO to be with Team UPC and CIPA as it's showing what the EPO basically became -- a tool of the litigation zealots.

No wonder the EPO continues to stubbornly advocate patents on just about everything. The relationship between CIPA and UK-IPO is also troubling and at times disturbing. It's like letting makers of bombs have a say on foreign policy.

Speaking of Team UPC, here's some new propaganda from the site that does, in fact, act like its think tank (for a number of years). To quote: "Speaking to Managing IP, Tim Moss, CEO of the UKIPO, discusses Brexit planning, the Unified Patent Court and expanding the office’s international reach..."

To better understand where they're going with this read this other new article full of intentional lies. Those lies were told in this new event as if UPC is "just a matter of time" (i.e. the same old lies) when in fact it is dead and cannot go on without the UK. To quote the relevant part:

The Unified Patent Court (UPC) was discussed as a potential Brexit-related concern. With the UPC’s fate lingering in Germany’s Constitutional Court, audience members speculated on how the timing of the court’s decision might be affected by Brexit.

Responding to an audience member’s concern, Williams said any conversation about whether or not the UK – which has ratified the UPC Agreement – would be part of an operational UPC would depend on when Germany issues a decision.

“In a perfect world you will like us to have the discussion while we are in the EU; logically that is a more pleasant environment. If we exit in October … the conversation is in a more different atmosphere. We are sure of the benefits of the UK to be part of the UPC. My experience says if there is a political will you will find a legal solution.”

Nettleton added that from an industry perspective the UPC would be much stronger with UK involvement.

“It was a surprise to me that I heard the UK would still want to participate in the UPC after Brexit. But then again, after Brexit, nothing can surprise you,” he said.


This is sheer lunacy; notice how they spread the infamous lies. They're like kids telling a lie, telling others what they want to believe. How can they get away with this? ⬆ _______ * As a new example of this, consider a new tweet that said: "Patent applications in the EPO's databases contain significant amounts of information relating to sustainable technologies. Scientists can make use of this wealth of knowledge in their work on developing new technologies against #climatechange." In reality, when the EPO grants monopolies on these things fewer people will be legally permitted to tackle climate change. But the EPO won't let these inconvenient facts get in the way.

** Kluwer Patent Blog, citing a case dated 18 June 2019, says:

A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even if the professional representative did receive the EPO communications mentioning the failure to comply with the deadline.

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026