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

Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026