Bonum Certa Men Certa

The EPO Instructs European Examiners to Grant Junk Patents on Algorithms (Maths and Stats)

After rushed consultation with the litigation 'industry' that nowadays controls the EPO (and increasingly the USPTO as well)

You told me that my 'AI' patent was worth something. Relax, here at the EPO everything AI' is purrrre gold; in European court it's junk.



Summary: The departure from patent law and arrival at extraterritorial patent blackmail means that legal duels have been swapped or deprecated in favour of illegal 'settlements' (over illegal patents)

THE LAW does not seem to matter. Caselaw does not matter either. Judges? Look what Battistelli did to them (and António Campinos has shielded Battistelli over it for well more than a year). It's worse than embarrassing; it's a colossal fiasco that European media -- with rare exceptions -- refuses to even talk about.



"It’s worse than embarrassing; it’s a colossal fiasco that European media — with rare exceptions — refuses to even talk about."In the US, the capital of patent trolls, Iancu openly mocks 35 U.S.C. €§ 101 (i.e. the law) and in Europe the EPO grants software patents in defiance of the EPC. Phillips & Leigh, flinging a bunch of self-promotional pieces into Mondaq lately, has just cited the European Patent Convention, but the EPO violates it every day in order to fake 'production'. To quote:

Under European law the test for whether a patent discloses enough is whether it "disclose(s) the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art" [Article 83 European Patent Convention]. This is interpreted as meaning not that the patent application has to provide a blueprint for the invention, that can be slavishly followed with guarantee of success: but that the skilled person with a reasonable degree of experimentation can put it into effect.


One has to note that these law firms never speak of the fact that the EPO basically disregarded the EPC years ago. It's still in a state of gross noncompliance, but nobody is being held accountable for it. Nobody! This has become a shameful display not just for the Organisation but for the whole Union. This complete lack of oversight has led to the granting of hundreds of thousands (maybe a quarter million!) invalid patents, i.e. European Patents not compliant w.r.t. EPC. Every day we see new examples of the EPO promoting illegal software patents (or patents on maths/stats), this time under the guise of something called "websummit" (yes, an insult to the WWW which only thrived in defiance of such patents). "If you’re going to #websummit," they tweeted yesterday, "you cannot miss the panel discussion on “Patenting the future: The next big invention” on 6 November! See you there!"

See who's there; those are proponents of software patents. One of them has like a hundred (probably more) European Patents on maths and the EPO showers such people with awards. As of days ago (end of last week) the EPO moreover changed its guidelines, without bothering with a legal process at all, allowing examiners to grant patents on maths/stats (even encouraging if not forcing them to).

"This complete lack of oversight has led to the granting of hundreds of thousands (maybe a quarter million!) invalid patents, i.e. European Patents not compliant w.r.t. EPC.""Changes in EPO Guidelines of Examination," as the lawyers' site put it, have officially come into effect. Who wrote that? A massive proponent of software patents, a litigation giant, Finnegan, Henderson, Farabow, Garrett & Dunner LLP. This firm's Sanam Habib and Maeve O’Flynn are celebrating illegal guidelines by which EPO allows itself to break the law, the EPC, and grant software patent disguised as "hey hi" (AI). To quote the relevant portion:

Last year, to be in line with the ever growing area of artificial intelligence (AI), the Guidelines added a brand new section for AI. This year the EPO has updated the section relating to patentability of AI and machine learning, and mathematical methods to clarify that “term such as ‘support vector machine’, ‘reasoning engine’ or ‘neural network’ may, depending on the context, merely refer to abstract models or algorithms and thus do not, on their own, necessarily imply the use of a technical means. This has to be taken into account when examining whether the claimed subject-matter has a technical character as a whole (Art. 52(1), (2) and (3))”.

Classifying text documents solely in respect of their textual content is not regarded as per se a technical purpose, but a linguistic one. Care needs to be taken in the presentation of the technical purpose of semantic AI systems.


Shouldn't they clarify that such patents are likely worthless in actual courts? No, of course not! That might scare away potential clients from Finnegan, which makes millions if not billions of dollars from such scammy practices, enabled in part by heavy lobbying. Finnegan pays a lot of money to the EPO's propaganda outlets (such as IAM), expecting something in return.

What's in this for the general public and software professionals? Nothing but trouble.

Recent Techrights' Posts

Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
 
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026