Bonum Certa Men Certa

Marks & Clerk Reveals That António Campinos, With Zero Experience in Software, is Lobbying Judges (Who Are Supposed to be Independent But Are Actually Controlled by Him) to Open the Floodgates to Illegal Software Patents

Is it Campinos v BoA G 1/19?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Summary: There seems to be no improvement when it comes to the autonomy of judges at the EPO; the 'king' of EPOnia does everything by decree, but it's more or less disguised as an extensive legal process (see G 2/19)

THE EPO became so bad at or uncaring about patent quality that it became more lenient than even the USPTO (home of software patents) when it comes to granting software patents. Marks & Clerk, a large law firm, said so publicly.



"...we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be."Putting aside yet more fluff/propaganda sourced from the EPO (e.g. "Report [sic] Reveals UK at the Forefront of 3D Printing" from 3D Printing Progress; there's more in languages other than English*), we've just found an article by Lara Sibley (Marks & Clerk), on behalf of software patents boosters. It is about a hearing to which one had to sign up (register) in advance. It was published in Mondaq on Friday (two days after the said hearing). As a reminder, António Campinos is already meddling in the case, pushing for an outcome that favours software patents in Europe, because just like Benoît Battistelli he doesn't believe these judges have independence and EPC is just some 'nuisance' to be bypassed, not something to be respected.

"A pending case (G 1/19) relating to computer implemented simulation has been referred to the Enlarged Board of Appeal," Sibley wrote. "The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally."

This is why it can become an Alice-like test for Europe. Here are bits of the article with our comments added in yellow:

Computer simulations are widely used in the development of new products. Often simulations can have significant real world impact - much of the response to the ongoing coronavirus pandemic for example has been driven by detailed simulations of the impact on transmission rates of differing policy approaches [here we go again; opportunistic exploitation of COVID-19 by patent maximalists; this case predates COVID-19]. As with other software-based innovation however, patent claims directed to methods of simulation, design or modelling generally comprise features which in Europe are considered to fall under the category of mathematical methods [because that's just what it is; statistics and predictions based upon statistics].

A pending case (G 1/19) relating to computer implemented simulation ["computer implemented" just means software, but they make it sound fancier and physical] has been referred to the Enlarged Board of Appeal. The case is relevant to the patenting of simulations in particular, but is potentially also relevant to the patenting of software more generally. A hearing was held for G 1/19 on 15 July 2020. The background to this case, together with an overview of the hearing, is presented below.

[...]

Turning to the details of the case, G 1/19 concerns a computer-implemented method [read: algorithm] of modelling pedestrian crowd movement in an environment that includes the simulating of movement of a plurality of pedestrians through the environment.

The appellant submitted that the invention produced a technical effect in the form of "a more accurate simulation of crowd movement". As to the technicality of simulating crowd movement, the appellant argued that simulating the movement of pedestrians yielded results which were no different from those obtained by modelling an electron using numerical methods. [Classic software patent]

The Board of Appeal was not convinced that numerically calculating the trajectory of an object as determined by the laws of physics is in itself a technical task producing a technical effect. In the Board of Appeal's view, a technical effect requires, at a minimum, a direct link with physical reality, such as a change in or a measurement of a physical entity. [Sounds like they're preconditioned/warm to the view that this is abstract, as per the US (case)law]

However, the EPO Guidelines for Examination refer to an important case (T 1227/05) where the Board of Appeal allowed a claim to a numerical simulation of a noise affected circuit. [Under whose administration?]

[...]

The referred questions 1 to 3 were then considered in order. The submissions concerning Question 1 were the most extensive, with some of these submissions also being referred to during the discussion of the later questions.

As regards Question 1, the meaning of a computer-implemented simulation "as such" was discussed. [Back we go to Brimelow's "as such"; it is quite meaningless and in India it's "per se"] The questions i) to v) posed by the Enlarged Board in their communication of 22 June 2020 (and summarised in the section above) were then considered. On question i), the appellant and the representatives of the President both made submissions that the "COMVIK case law" was suitable for the examination of computer-implemented simulations. During the discussion of potential and virtual technical effects in relation to question ii), various hypothetical examples were put forward by the representatives of the President, including that of a virtual wind tunnel, in which a virtual technical effect could solve the same technical problem as a real technical effect. On question iii), the appellant and the representatives of the President also both put forward submissions that a feature relating to a "non-invention" (such as a mental act) can still contribute to technical character in the context of a claim to a solution to a technical problem [Notice meddling by the Office, on behalf of patent maximalists]. Concerning question iv), and consideration of the purpose of the simulation, the appellant raised an intermediate example, lying between the case where a claim specifies simulation of an undefined "technical system" and the case where a claim specifies a very specific technical purpose (for example, simulation of a circuit subject to 1/f noise, as specified in T 1227/05). In relation to question v), it was submitted by the appellant that in the present case, the simulation of human behaviour is used to control a technical system, in particular the simulation can be used to improve the building structure. The representatives of the President also put forward the view that a technical contribution could still be present in certain circumstances, even where the simulation models human behaviour. Simulations used in the field of self-driving cars were put forward as an example here. [Very weak arguments from the President, who never wrote a single computer program in his whole life]

[...]

Once issued, the decision in G 1/19 may have a significant impact not just on patenting of simulations but also on the patenting of software at the EPO more generally, depending on the response and reasoning of the Enlarged Board. Encouragingly, [for this author's litigation giant] the EPO President's response to the questions are in favour of maintaining the patentability of simulations without, for example, requiring a direct link with physical reality, and expressed the view that it is sufficient the simulation method reflects, at least in part, technical principles underlying the simulated system or process. However, the Enlarged Board is not bound in any way by the President's comments and will reach its own conclusions. [Nonsense! You clearly are in denial, perhaps out of convenience, about the Office's abuse of these judges and there may be consequences for ruling the 'wrong' way.]


The outcome will likely be known later this year; we already know that the judges, who certainly lack autonomy, are being pressured by the Office. This clear lack of independence (in principle and in practice) taints the outcome, whatever it may be. ____ * As we noted before, we'd rather not spend too much time obsessing over this misuse of shallow journalists who think their job is to just amplify for PR departments of corporations and organisations (the "easy job"; no fact-checking needed, no real understanding or investigation of the underlying issues). Judging by sentences like "European inventors and businesses accounted for almost half of all AM patent applications filed with the EPO in the period from 2010 to 2018," among others, we can tell they put no effort into actual journalism. They just reprint 'prepared' sentences from the EPO's PR department.

Recent Techrights' Posts

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
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.
 
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
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
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
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
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day