Bonum Certa Men Certa

The Enlarged Board of Appeal Cannot Independently Rule on the Matter of Software Patentability

The corrupt 'Mafia' from the Office is already meddling in the affairs of the Enlarged Board of Appeal, pushing for an outcome not compatible with the EPC

Cops and Swan/Goose: Come here, we respect your independence; unless you do the 'wrong' thing



Summary: After all those years (almost 6 years after the notorious "house ban") the Enlarged Board of Appeal and other appeal boards still cannot do their work 'in peace'; the EPO has become dysfunctional in the oversight sense, with structural deficiencies one might expect to find in third-world countries

THE interference by António Campinos in the affairs and practice of judges is reminiscent of the old boss at the European Patent Office (EPO). Campinos knows nothing about software/coding, yet he's happy to meddle in decisions.



Benjamin Henrion attempted to gain insight into the said case (Campinos v BoA) because it involves software patents -- a subject FFII is interested in. But it wasn't possible to access without upfront registration, which meant that narrative in reporting would be tilted in favour of large litigation firms.

Kilburn & Strode's Gwilym Roberts and Alexander Worley wrote about the subject a day before the hearing, which we mentioned in light of the report from proponents of software patents in Europe (Marks & Clerk). They apparently paid to relay this further in Lexology. We've decided to respond in-line as we did the last time, with yellow highlight to distinguish our words from theirs:

The referral of G1/19 comes from a case relating to the simulation of pedestrians moving through walkways. It sounds a bit more detached from physical and technical considerations. Surely the decisions people are making when they walk through a building lead us completely away from technical subject-matter? [Those are the wrong questions to ask. The whole "technical effect" framing is misleading and misguided.]

Well, perhaps not. Crowds and traffic share a lot in common with the motion of fluids. [Simulating the motion of liquids should not be patentable, either] You’ve probably experienced a traffic jam on the motorway which seems to last for ages, only to come out the other end to see that, infuriatingly, there was nothing there to cause the slowdown. This was caused by a ripple which was set-off a few miles ahead and progressed back towards you. Once the ripple is set in motion it will keep going and can actually be predicted pretty accurately. This is also what happens when you have barriers at the tube station, or someone stops to tie their shoe lace in the middle of the pavement. [This is a veiled attempt to insinuate "usefulness", as if patents are to be granted based on such ludicrous grounds]

The same thing happens in fluids in pipes. [Humans are technically mostly water, but this analogy is laughable and simulating liquids does not make motion of liquids a human invention] When shutting-off a tap at one end of a pipe, the ripple progresses along the pipe and likely causes a burst somewhere behind your plasterboard. If the modelling of crowds is done in the same way as water in a pipe or electrons in an electronic circuit, should it still be excluded? [This is a straw man argument. Both should be excluded. Should we start having patents on water, too?]

[...]

The third question asks the first two questions again, but if the claimed method is recited as part of a design process. Perhaps a more palatable claim for the EPO to accept. This might allow the Enlarged Board to give us a better steer on where the boundary lies between electrons moving in a circuit (technical) and people making decisions on how to act (non-technical). [The circuit itself may be patentable, not the electrons. Another straw man argument.]

If the board answers any of the questions negatively, then this could overturn the reasoning of T1227/05 and alter the guidelines followed by examiners. [No, the guidelines of the EPO are never based on law and logic, as its track record has shown over the past decade.]

We would attempt to predict the outcome of the hearing tomorrow, but for a lack of physical parameters which can accurately model the Enlarged Board’s decision making process. At least, there is not long to wait.


One thing we know about "the Enlarged Board’s decision making process" is that it's already controlled or shaped by meddling by the Office. This isn't even secret anymore; and for that alone we ought to pause and ponder. Has the autocracy of EPO rendered the Enlarged Board incapable of ruling properly? See what happened in G 2/19 (Enlarged Board of Appeal) about a year ago.

Recent Techrights' Posts

Wayland is About Less Choice, About Removing Choices, It's Not About Freedom
IBM insists that it cares about "diversity"
Keeping Things Accessible
Gemini Protocol seems to be growing
Not Much Better Than LLM Slop: Linux Foundation-Funded 'News' Site Writes Linux Foundation 'News', Composed by Linux Foundation Operative, Quoting Linux Foundation Staff
...they get paid (sponsored) to produce this spam. Then they call it "journalism".
Annual Southern California Linux Expo (SCALE 22x) 'Bought' by Microsoft and Microsoft Exceeded Sponsorship Limits by Giving Double the Maximum Permitted Amount
When people get bribed they tend to forget how to utter a simple word: "No."
 
Links 27/06/2025: International Tensions and Contentions Over Plagiarism Perfumed as "Hey Hi" and "Fair Use"
Links for the day
Gemini Links 27/06/2025: Poetry and Censorship by Social Control Media Centralisation
Links for the day
Links 27/06/2025: Journalists Under Fire and Microsoft Has Serious Slop Problems
Links for the day
X is Dying, But Not XServer/X11. Twitter X.com is Dying.
People or businesses or government officials (and departments) that still rely on Social Control Media are playing Russian Roulette with their future online
Escaping Colonialism (or 'Hegemony') Requires Abandoning GAFAM, Microsoft in Particular
Europe is already in the process of abandoning Microsoft
Microsoft Will Shut Down More Studios This Week, Its Media Operatives Will Tell Lies About the Magnitude of the Shutdowns and Layoffs (They Always Do)
Many people who get counted as "workforce" are "temps" or similar
What Linux Foundation 'Research' is: Paid Marketing
What is Linux Foundation 'Research'?
No, IBM Does Not Care About People With Disabilities
"Aktion T4" did not seem to bother Watson
Microsoft's Financial Problems Mean Shutdowns, Not Just Mass Layoffs
If the original rumour is true, then expect almost 30,000 Microsoft workers to be let go this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 26, 2025
IRC logs for Thursday, June 26, 2025
The Netherlands: GNU/Linux Measured at All-Time High
Are any Dutch cities going to announce dumping Microsoft?
Gemini Links 27/06/2025: "Interstitial Existence" and Autocorrect
Links for the day
EPO Examiners Point Out to the Heads of Delegations in the Administrative Council of the EPO That the "AI Policy" of the Office is Illegal
"the Central Staff Committee (CSC) asks the Administrative Council to exert its supervisory role and instruct EPO management to enter into genuine dialogue with the staff representation on the AI Policy, to revise the “Leverage AI” target of 90% AI-automated classification in the SP2028 and to put in place the measures supported by staff in the resolution."
Technical People Need Technical Lawyers
Technical Litigants in Person (LIPs) have many real and concrete advantages
10,000+ Articles in About 20 Months (and How We Got Here)
More bloat does not beget efficiency and "bells and whistles" tend to have a hidden cost
French Cities Dumping Microsoft Because They Recognise Software Freedom, Open Standards, GNU/Linux Autonomy
We hope that more French cities - maybe Paris - will follow Lyon.
Links 26/06/2025: Illegal Kangaroo Court (UPC) Failing Scandinavia, K-Pop Agencies Abuse People
Links for the day
Gemini Links 26/06/2025: AuraGem Twitch Proxy is Back and UI Sluggishness
Links for the day
LWN is a Voice of GAFAM (Through Linux Foundation, Their Front Group or Occupying Force Inside Linux)
remember who the chief editor works for and who sponsors many of the articles
Links 26/06/2025: Noise Pollution Considered High in Europe, Mass Layoffs Next Week in Microsoft Confirmed, Very Large in Scale and Scope
Links for the day
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
EPO Squeezing the Staff - Part II - Office Breaks Rules, Ignores Courts, Defies Justice
False promises everywhere
No, I Don't Want Your Latest XYZ, ThankYouVeryMuch...
Wayland is finally ready?
China Keeps Breaking Into Microsoft Systems, So for True Sovereignty, Nations Wary of China Need to Dump Microsoft
Looking at data from Taiwan (not China) and Maharlika (not Philippines, the king is dead and Spain is out), there are encouraging signs
Linux Journal Wants Ads on Its LLM Slop or Ads as 'Articles'
it's basically another BetaNews
How to Kill a Monopoly
in 10 simple steps
IBM - Like Microsoft - is a Dying Company and Perishing Brand ("AI" is a Lie and Decoy)
"Arvind is cutting costs (layoffs, PIPs, forced RTO, etc...) like crazy. IBM offices are closing all over the place in the US."
"Code of Conduct" Invoked When Fedora and Red Hat Users (Since the 1990s) Don't Want to Use Wayland
That is IBM "DEI"
Mozambique: GNU/Linux Rose From 0.5% Last Year to 3% This Year
what (or how) statCounter is measuring
Microsoft Layoffs Next Week: About 10% to be Laid Off in Microsoft Gaming (2 Days Before Independence Day), About 20%+ of XBox Staff
Microsoft is rapidly collapsing
Next Month Marks 11 Years Since Our In-Depth EPO Coverage
The same is happening to Microsoft right now
Free Software Foundation (FSF) Campaigns Against Vista 11, Adds 4 New Associate Members Per Day
If more people understood the underlying principles, more of them would flock to Free software overnight
Canonical Seems to Have Culled Some Sources of LLM Slop From Planet Ubuntu
It's like "junk food", it's not information
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 25, 2025
IRC logs for Wednesday, June 25, 2025
On "Weak Claims"
For the record, they sent me unjustified threats, repeatedly tried injunctions (censorship)
EPO Squeezing the Staff - Part I - Burnout and Family Health
more exceptional circumstances
This Month's Mail (MX) Server Survey Shows Microsoft at 0.20% "Market Share"
We need to remind people that desktops and laptops decline (in proportion to other client devices) and at the "back end" GNU/Linux is already dominant and has long been dominant
Links 26/06/2025: Filespooler Guide and Learning to Code
Links for the day
Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
What is "MATA"?
Think of it as GAFAM or "Meta"
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better