Bonum Certa Men Certa

António Campinos and Comrade Iancu (US) Both Push Software Patents Into Europe to the Detriment of Small Businesses and Developers

Comrades



Summary: The EPO continues its war on European companies and the European public; to alleviate public worries the EPO publishes yet another lying 'study' (one of many EPO-commissioned 'studies') -- one that claims the very opposite of what's true

SOMETIMES it feels like the European patent system exists to serve American multinationals, not the European public (or even European businesses). Look no further than the policy being advanced. Ask simple questions like, "who benefits the most from this?"



"When European law firms call American companies their "biggest clients" we have yet additional conflicts."It's all tilted! It's corrupt. It's lobbied for. It's not neutral. It's rigged by design.

When European law firms call American companies their "biggest clients" we have yet additional conflicts.

Mondaq has just propped up this article from Phillips & Leigh, where the firm says that "the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely." The President of the European Patent Office (EPO) has already meddled -- even openly -- in this case. We covered this at the time. This reaffirms the notion that the Office totally corrupted the concept of separation of powers. He's pushing for the judges to approve software patents -- by extension -- in this very important case. The "Guidelines" he put forth already use nonsensical terms like "AI" to achieve the same and here's what the firm wrote this week:

The Guidelines reflect only those decisions of the Boards of Appeal incorporated into the EPO’s general practice due to their general procedural significance, but there may on occasion be diverging decisions of Boards of Appeal; and in such cases EPO examiners and formalities officers will, as a rule, follow the common practice as described in the Guidelines, which applies until further notice. However examiners must follow the law and so the Guidelines are not the last word.

While changes to legal provisions are clearly flagged by notices on the EPO website, it is somewhat more difficult to determine whether case law is leading to a change in practice, particularly when Boards of Appeal reach contrary positions.

It is for precisely this reason that we, as professional representatives before the EPO, find it important to keep up with the case law, especially when it coincides with the particular areas of interest of our clients. For instance, the current Enlarged Board of Appeal referral on simulations has the potential to reinforce current practice on computer-implemented inventions or reframe it entirely.

Whilst it is always helpful if the patentability of your application is supported by the Guidelines, it's part of the nature of innovation to come up with new and unexpected approaches which previous precedent didn't necessarily expect. Assessing an application in the light of the Guidelines is often only the beginning of the process of arguing a case, not the be-all and end-all of it.


So it doesn't seem to matter that the EPC, the courts, the Parliament and so on say no software patents in Europe; the new US Director, Andrei Iancu, similarly ignores or distorts the record of SCOTUS, the Federal Circuit, and Patent Trial and Appeal Board (PTAB). He's trying to resume granting bogus software patents -- weak patents which he very well knows courts would throw out. Meanwhile, the U.S. Patent and Trademark Office's (USPTO) Web site quotes Iancu's EPOPIC lies. Here's one portion of interest:

For example: what level of detail is necessary in a patent disclosure as to the structure and functioning of the algorithm that underlines a new AI tool? An AI algorithm, that by definition is capable to learn on its own, sometimes performs certain tasks in ways unknown to the programmers. So, how can the inner workings be disclosed such that one of ordinary skill can replicate the invention without undue experimentation (a requirement of our patent system)?


He merely suggests working around 35 U.S.C. €§ 101 (or put another way -- working to violate it). Such a policy would definitely be harming software companies in Europe (usually relatively small ones) in favour of US-based software monopolies like Microsoft and IBM.

"This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls."A few days ago SUEPO linked to a relatively new paper, “RRI and Patenting: a Study of European Patent Governance” -- a paper which unlike everything that the EPO's management funds isn't mere propaganda for Campinos and Battistelli, with the likes of Gene Quinn quoting Battistelli's liar Yann Ménière (all of them are very vocal proponents of software patents). This has just been amplified by Watchtroll ("European Patent Office Study Shows Patents Matter for SMEs, Economic Growth"), published within hours after the EPO's "European patents help SMEs commercialise high-potential inventions, new study shows" (warning: epo.org link); Watchtroll's role here isn't hard to see as they're close to and have been helping corrupt EPO management for a number of years now, e.g. puff pieces, so-called 'interviews', promotions of "CII" in Europe and much more. The latest is more of the old propaganda (same lie with a more recent year stamped on it). It's that "SME" nonsense again; while working for law firms and monopolies they're looking for corruptible people to do 'studies' for them and help warp perceptions, whereupon "tweets" can be posted every day (or every other day), repeating the same lie over and over again, then googlebombing the term "SMEs" to mislead everyone. Here's what they wrote yesterday:

A new study published today by the European Patent Office (EPO) finds that small and medium enterprises (SMEs) rely on European patents to protect their high-potential inventions and that two thirds of these inventions are commercially exploited.

The study, entitled “Market success for inventions – Patent commercialisation scoreboard: European SMEs”, finds that SMEs depend heavily on partnerships with domestic or foreign partners. The report shows that half of all commercialised inventions protected either by a European patent application or a granted European patent are exploited in collaboration with an external partner via a licencing agreement (62% of the respondents), co-operation (49%) or spin-off (32%). Moreover, the partner is usually from another European country. This reveals how resource-constrained SMEs use partnerships as a way of entering new markets or sharing the financial burden of innovation.


Now the misleading tweets can carry on every day for a year. The Office that harms SMEs will remind us every day just how much it adores SMEs, citing its very own 'study'...

Who funded the 'study'? Better not ask. Generally speaking, every report and 'study' which comes out of the EPO in recent years is as reliable as Big Oil-commissioned 'studies' on global warming. This will, in due course, become an irreversible damage factor to the EPO's credibility among scientists. Their morality and integrity levels match those of patent trolls. Nowadays the EPO openly and proudly associates with infamous trolls.

Recent Techrights' Posts

Brett Wilson LLP is Downsizing, Apparently Closing Down the Oversized and Overpriced Office
Address changed 13 hours ago
The United States Lost Freedom of Speech
independence refers to a condition, not an activity
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day
BRICS and Windows: All-Time Lows
Expect many more Microsoft layoffs in years to come
Do No Evil, Do Not DDoS
Sites that attract DDoS attacks because of their message are sites that are difficult to debunk or debate
France is Winning the Race Against Windows
France instructs, then orders, government agencies to adopt GNU/Linux
Not 2.5% and Not 2.5 Billion Dollars for "Hey Hi"; 2 Waves of Microsoft Layoffs Rumoured This Month, July 8th, Then July 22nd (Just Before 'Results')
People there join unions, knowing they will be terminated silently or otherwise
Microsoft Double Trouble With Slop
What does Microsoft even sell at this point?
Based on US Government Sites, GNU/Linux Has Reached About 8% "Market Share" in Desktops/Laptops
Culled to exclude mobile platforms, GNU/Linux would likely be above 8%
TheLayoff.com is Deleting Comments About IBM Offshoring
Meanwhile, rage-baiting Internet trolls and sometimes trolls who paste in LLM slop are immune from censorship
American Independence Needs Independent Media
The American regime's hostility towards media is an international problem
Techrights Was Always a Community Platform
Techrights is about whistleblowers
Phenomenal Growth for GNU/Linux in Afghanistan
This is impressive because for many years it was registered at near 0%
Daniel Pocock Pursuing Complaint in the United States Against Software in the Public Interest (SPI) et al
It seems like the only people who don't support him are those whom he criticises
Gemini Links 04/07/2026: Busy Squirrel, Independence Day Celebrations, PalmOS Programming
Links for the day
Canonical/Ubuntu is Breaking CP (cp) to Help Microsoft Turn Coreutils Into Proprietary Software for Windows
What we could do reliably in the 1970s (before GNU) we cannot do in 2026?
Free Software Has No Kings or CEOs
The kingdom is a cross-border phenomenon, so national flags and other such symbolism overlook the core problem [...] Free Software can help lead us out of the current imbalances
IBM Replacing the People Who Built IBM With Cheaper and Younger Staff, According to IBM Insiders
This is a very common sentiment in IBM
For USA 250 Microsoft is Messing With Our Minds (2.50%) to Distract From Mass Layoffs
The slopfarms contribute to this noise
"Defective by Design" Turns 20
DBD is still as relevant as ever (probably more relevant than ever before)
A Bicycle for the Feeble Mind, or How Computers Got Worse for Productivity (Intentionally)
Many of us still adopt and champion the "workstation" mentality
Links 04/07/2026: Microsoft Tax Haven (Evasion) Tactics, Tobacco Bans, and More
Links for the day
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
Independence and Software Freedom
Much work remains to be done
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day