Bonum Certa Men Certa

The European Patent Office Admits That It's Faking Its 'Results' by Granting Loads of Illegal Software Patents

Clear and obvious violation of the EPC, but today's Office treats the EPC like Donald Trump treats every law he has run over

We saw growth in patents. Patents on software



Summary: The EPO is making it easy for all to see that much of its supposed 'growth' actually comes from patents that it should never have granted in the first place because they're illegal

THE DANCE or the "waltz" around the term "software patents" isn't a new thing. The EPO has done that for well over a decade, preceding the Mafioso and and his 'son'. "CII" used to be the most common dance around the most meaningful and fundamental term, but people caught up with the true meaning of it; so the game of words moved on a bit, with "CII" being more like the old and familiar 'dinosaur'. When one says "CII" inside and outside the EPO people generally know that it's a synonym ("software patents" with words like "invention" inserted for extra excitement). Who would deny a patent on an actual "invention"? After all, algorithms are inventions in the same sense cookie recipes are inventions. Or mathematical formulae.



Anyway, we've already written several hundreds of articles on the topic of why software patents are undesirable, harmful and unwanted by almost every single person who develops software (coder/programmer/tester or more modern buzzwords like "DevOps"). We're more or less certain that senior EPO examiners are familiar with the arguments and they generally know that it tends to be a battle between attorneys and actual (practicing) engineers. One group wants to work in peace and another group wants to destroy in war. Too blunt? Well, it's true. Ask those attorneys what computer program/s they wrote. I asked some before; someone called Gene Quinn (Watchtroll's founder) even lied to me about it, then he ran away and blocked me in Twitter (to escape any further questions, which embarrassed him and destroyed his credibility/integrity). It turned out he didn't even know what a computer program is and how it works (he insisted a markup object/Web page was a program!).

"It brags about granting illegal patents."Anyway, today's European Patent Office (EPO) illegally grants patents on all sorts of things and then brags about it. It brags about granting illegal patents. The people who manage the EPO aren't coders and they don't really understand what they grant patents on. All they care about it a bunch of graphs and plots moving upwards. What about quality? They call speed "quality"; the faster they grant, the better the... quality?!

Just before the weekend the EPO boasted: "With a #patent application increase of 10%, #computertechnology was the second fastest growing technology field at the EPO in 2019. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

Oh, here we go again with "DigitalisationIndex" and "computertechnology" (so broad and vague a category). Then they did "DataRetrieval"; More buzzwords for illegal software patents that aren't allowed in Europe -- patents that the EPO is granting and mostly to American firms (US and Canada), by its very own admission: "In #DataRetrieval, applicants from the US led in terms of share (48%), while EPO member states (23% share) continue to steadily innovate in this field. Further details: https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

So they're granting loads of software patents, giving these monopolies to American companies. What's in it for Europe? Nothing.

The EPO also tweeted: "Applications in image data processing and generation have also spiked. From 2018 to 2019, the field received 11% more #patent applications. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

This is my area of research. More illegal software patents are being granted, soon to be categorised as "image data processing and generation" (that's maths!). These patents are being illegally granted by corrupt EPO management, looking to fake 'growth'. It'll certainly pave the way for frivolous litigation and extortion in Europe. All this to the detriment of everyone but patent trolls and law firms...

The EPO then tweeted: "Our European Patent Academy's #elearning centre offers a broad range of online training courses on #patents and IP topics. http://bit.ly/EPO_eLearning"

This page starts with "Videogaming and IP: how to play the game" -- another class of software patents (on games).

Are the EPO's best spinners ill? Are they replaced by cheaper PR staff that's openly bragging about software patents several times per day?

The EPO also bragged: "Between 2018 and 2019, the EPO posted a 29% overall increase in patent applications in #MachineLearning and #PatternRecognition. https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

How much more obvious can it get? Those are software patents! No question about it. There's not even a "device"...

In other words, the corrupt EPO management decided to break the law (yet again) and allow such patents against all treaties and laws. This while shielded -- with diplomatic immunity of course! -- so the people responsible for this crime will never be held accountable.

They're setting up an avalanche here. The US saw the same thing. Here's a brand-new example of "CII" falling on its sword again at the Federal Circuit in the US. It's a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.”

Here's what happened, as reported a couple of days ago:

The Federal Circuit has an internal practice of only issuing R.36 affirmances-without-opinion in cases where the court holds oral arguments. Most of the oral arguments have been cancelled for the court’s April sitting. The result then is that either (1) the court is going to write a lot more opinions or (2) the court will shift its practice to now start issuing no-opinion judgments even without oral arguments.

Today's short decision in In re Thomas (Fed. Cir. 2020) (per curiam) suggests to me that the court will be writing the opinions. Douglass Thomas is a patent attorney and his claimed invention is a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.” The examiner rejected the claimed invention as ineligible and that decision was upheld by the PTAB (along with finding the claims anticipate/obvious).


So even US courts are nowadays rejecting the sorts of patents the EPO is granting.

The EPO tweeted: "Curious about #blockchain & #patents? We'll be talking about the patent landscape in this field at this free-of-charge webinar: https://bit.ly/2V56AJV"

Here they go with "blockchain" again...

The cited page (warning: epo.org link and requires JavaScript to view) says: "In this webinar we will present the emergence of Blockchain related technologies in terms of patenting activity. Blockchain has captured the attention of the public and research has intensified in this field over the last few years, making it a highly interesting topic of study for patent analysis in order to obtain insight into the developments of this emerging technology."

They also grant patents on blockchains whilst openly admitting that those are software patents.

Over in China, the 'role model' of today's EPO, the patent office is formally allowing software patents or patents on mere maths. This helps fake 'innovation' in circles that measure that based on number of patents alone. Days ago the patent maximalists published this article entitled "China’s new patent examination guidelines a boon for AI and blockchain" and Karry Lai said "IP counsel from IBM, Megvii and others welcome CNIPA’s open approach but see room for more clarity..."

When IBM asks for "clarity" it basically asks for broader patent scope. IBM continues to blackmail loads of companies using its thousands if not tens of thousands of software patents.

Someone has just pointed out, citing an article in German, that "[C]hina has most patents in 2019" and I responded by simply stating that it says nothing about the quality of patents. China flooded WIPO with junk and WIPO likes it (fake 'growth'). "I can make my own patent office," I added, and "grant a million patents a day ;-)"

The upcoming avalanche of fake patents will be costly not to law firms but to productive companies gullible enough to pursue such patents, based on a misunderstanding or misinterpretation of law.

In the US, for example, the number of new patent lawsuits that involve software patents declined a great deal. It's not even easy to find such lawsuits anymore. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) often thwart such patents before they even reach the courts.

Suffice to say, patent maximalists and sites in their pockets have no problem with any of that; they profit from this sort of patent inflation. Here's a new 'ad for an upcoming "Webinar on Proofreading Your Patent..."'

Maybe if you focus on typos rather than substance your patent isn't about invention but shallow formality for unjust monopoly.

Over at IP Kat we're noticed Anastasiia Kyrylenko doing 'ads' for CEIPI, which is run by a criminal, Battistelli, along with EUIPO, WIPO, and the villainous 4IP Council. That says a lot about what interests today's IP Kat is interested in pushing. "CEIPI has announced that its “New Trade Mark Law in France” conference is now going online," she wrote. Remote working must be good for Battistelli, their chief. Now he can drink his expensive wine boxes all day long, being drunk on the 'job' whilst ordering additional crates at tens of thousands euros apiece, using the money he stole from the EPO.

Recent Techrights' Posts

Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Maintenance Reminder
We'll carry on publishing
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
 
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026