Bonum Certa Men Certa

The EPO is Still a Software Patents Propaganda Machine and Thus an Enemy of Software Developers in Europe

Speaking as a software developer myself...

Guerra al Capitol



Summary: What today's EPO boils down to is a boil on the face of programmers because it lacks the tact to even shallowly hide its eagerness to grant patents on algorithms in defiance of everything from common sense to law and caselaw

IT IS hardly a secret that the European Patent Office (EPO) nowadays works for patent trolls and massive companies, so half a dozen times week it must pretend that it exists "for SMEs" (here is an example from yesterday; there was another one earlier today and we'll say more about that in our next post). Unlike the U.S. Patent and Trademark Office (USPTO), the EPO cannot be sued and it effectively operates outside the law, so who can put an end to injustices? Apparently nobody. And nothing. Not even the highest court next to a bunch of international courts on Dutch territories. What is going on? How can Battistelli and Campinos keep promoting software patents in Europe even though courts, Parliament, the public and so on all oppose that? Therein lies one problem among many with the EPO. Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers.



"Examiners, we might add, are well aware of this problem. They are sufferers, not benefactors, unlike their managers."Cutting straight to the chase, this post is an outline of new examples of the EPO promoting software patents. Of course they cleverly dodge this term, as does the USPTO. Mark Nowotarski, over at Watchtroll (combative pro-software patents site), published the following headline this week: "AI Patents Make a Comeback at USPTO, Finance Patents Are Still Struggling"

Familiar? They too misuse the term "AI", just like the EPO. He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts.

Decline in quality of European Patents is a real thing. It's a thing. It's real! Earlier today I reread the latest nonsense from Campinos, in which he made up some laughable claims of improvement in quality; he didn't even name the methods. Nothing. Some very precise number was named without anything to back that up. Nothing.

Here comes Battistelli's French 'economist', who has been promoting software patents under the guise of "4IR", even in the Gazette. This is what the EPO said about him today: "Yann Meniere, chief economist of the ⁦ @EPOorg⁩, delivering the opening keynote of today’s #IPBCEurope in front of a sell-out crowd in Paris. pic.twitter.com/NqpvBIPbmo"

"He just means software patents, but they're being disguised as "AI"; courts would toss these patents straight in the trash if they got asserted in courts."And yesterday the EPO wrote the following about him (see image): "China and the Republic of Korea are growing particularly strongly in ICT-related patent applications at the EPO."

Well, "ICT-related patent applications" are just software patents that the EPO's examiners must not grant if they follow the EPC rather than their management (which flagrantly violates the EPC). So the supposed growth is faked.

The EPO has also just named "medtech" again, in relation to a conference that promotes software patents as "medical" and "for SMEs" (we wrote about it many times before). The EPO asked: Which #medtech inventions can be patented and what are some effective IP strategies to optimise their commercialisation? We'll be discussing that and more here: https://bit.ly/2E5l03D" (the link makes it abundantly clear that algorithms are involved).

"These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision."Meanwhile (also today) Watchtroll has advertised a new "webinar" that promotes software patent in Europe by calling these "Computer Implemented Inventions"; behind the stunt there's a familiar large law firm -- one we wrote about many times before -- and this is their abstract: "Under EPO practice considerations for what is technical and what is not technical are intrinsically bound up with assessment of inventive step: the problem to be solved must be technical and only technical features can contribute to inventive step. In addition, the Boards of Appeal have on occasion attributed a high level of skill to the person skilled in the art in the field of computer science. In this webinar, we will discuss the latest EPO case law on separating the technical from the non-technical and inventive step issues arising in specific areas of technology, such as machine learning and simulation."

As Benjamin Henrion noted, this is their agenda:

* The “notional business person” and her role in examining claims * Effective arguments for inventive step * Machine learning inventions * Inventions using blockchains or distributed ledgers * Simulation and modelling, including the recent referral to the Enlarged Board of Appeal

We wrote about that last item about half a dozen times this month. Will all software patents be voided? Not likely due to lack of independence and thus deficient impartiality.

EPO management controls everything, even judges.

These people openly promote software patents in Europe and the EPO not only links to Watchtroll but also does exclusive interviews with Watchtroll -- a truly disturbing tactical decision. The EPO is actively liaising with people who attack judges whose rulings are prohibitive (e.g. on software patents). When it comes to assessing patent quality, the EPO bribes publishers like IAM and then cites IAM 'studies' or 'surveys' that celebrate EPO 'quality'. This is what the EPO has become. Is it broken and corrupt beyond repair?

Recent Techrights' Posts

Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day
Removing the Tumour From IRC
looking back
Windows Sinking Below 13% Market Share in the Island of Jamaica
Microsoft's decline continues and will mostly likely continue indefinitely in Jamaica and its neighbours
 
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
[Meme] The Free(dom) Software Engineer in European Elections
“When the debate is lost, slander becomes the tool of the loser.”
Vista 11 Was 'Leaked' Exactly 3 Years Ago and This One Picture Says It All
how 'well' Vista 11 has done
A Smokescreen for Brad Smith
Maybe the key point was to say "Linux is not secure either" or "Windows and Linux are equally vulnerable", so don't bother dumping Microsoft
Links 15/06/2024: Microsoft's Intellectual Ventures Attacks Kubernetes With Software Patents, More Layoff Waves
Links for the day
Gemini Links 15/06/2024: On Lagrange and on YouTube Getting Worse
Links for the day
Edward Brocklesby: hacker received advance notice of zero-day vulnerabilities in MH and NMH email software
Reprinted with permission from Daniel Pocock
[Meme] Code Liberates Kids
Matthias Kirschner: I can't code, but I can write a book
In Armenia, Bing is Measured at 0.6%, About Ten Times Less Than Yandex
Bing will probably get mothballed in the coming years
[Meme] A Pack and Pact (Collusion Against Computer Users)
They never really cared about users, no more than drug dealers care about drug users...
GNU/Linux in Azerbaijan: From ~0.1% to 7%
Azerbaijan is around the same size as Portugal
Women in Free Software (FOSS) Need Action, Not Mere Words
the men who are loudest about women's rights are some of the very worst offenders
Embrace, Extend, Extinguish Minecraft
These folks should check out Minetest
Techrights Statement on Men Who Viciously Attack Women in Free Software
history shows women will win
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 14, 2024
IRC logs for Friday, June 14, 2024
[Meme] People Who Cannot Find Gainful Employment Because of Their Poor Behaviour Online (Not the People Who Merely Call Them Out on It)
Imagine trying to become a lecturer while talking like this in public
You Too Would Get Nervous
countries where Windows is down to 2%
[Meme] The Two Phases (and Faces) of Microsofters
Microsofters: stalk IRC, then troll IRC
The 'Nobody Reads Techrights Anyway' Crowd
Send In the Clowns
Books in the Making
I intend to spend a considerable amount of time explaining what my family and I were subjected to for the 'crime' of promoting/covering Free software
Microsoft is Still Losing Malta
And GNU/Linux is doing well on laptops and desktops
Tux Machines: Third Party Impending
There will be more next week
Links 14/06/2024: Microsoft Layoffs in the News Again, East-West Conflict/Tensions Update
Links for the day
Links 14/06/2024: Comments on the Death of Email and Lagrange Commentary
Links for the day
Dutch Government Appoints Microsofters to Combat "OSS Fetishism"
What corruption looks like
Microsoft's Collapse in Africa and Shutdown of Entire 'Development Centre'
Unlike what Microsoft claimed in face-saving statements
[Meme] Not Your Typical IRC Troll and Harasser
I say, let's punch nazis...
GNU/Linux's Journey in Qatar: From 0.1% to Over 3%
Windows is no longer an important contender there
Secret Contracts and Corpses
The media pretends it's just some generic "IT" issue, but it is not
Bing Has Run Out of Time and Microsoft Might Dismantle It (Save a Financial Miracle)
How much more of investors' money is Microsoft willing to throw in the trash?
Statement on Antisemitism in Our IRC Network and in Social Control Media
In an ideal world nobody would have to be banned from IRC
Gemini Links 14/06/2024: Ads vs. Content, Why Aliases Are Har
Links for the day
Vista 11 Has Fallen in Switzerland, a Country That is More Microsoft Friendly Than Most of Europe
GNU/Linux rose to its highest level there in almost half a decade
Microsoft is Dying in Africa
Based on the Central African Republic, which "is around the same size as France"
[Meme] Microsoft in Africa
Are you telling me Windows is now down to 1% 'market share' in some countries?
Management of the European Patent Office Misleads Staff on Views of the Office's Staff Committee
The EPO as a workplace very rapidly deteriorates
[Meme] Newer is Worse
"They say those are New Ways of Working (NWoW); New does not mean better, it is worse"
Microsoft Needs to be Banned From Contracts, Including Government Contracts, Not Just for Security Failings But for Criminal Negligence, Corruption, and Fatal Cover-ups
How many deaths will it take for Microsoft to face real, effective scrutiny rather than kid gloves treatment?
Links 14/06/2024: Violence, Famines, and Montana Has More Cows Than People
Links for the day
Microsoft Telecom Layoffs, Facebook Layoffs in Africa: A Month After Microsoft's Mass Layoffs in Lagos (Nigeria) Facebook/Meta Does the Same and Microsoft is Now Retreating and Quitting an Entire Sector! (Affirmed Networks and Metaswitch)
Disasters in the making for GAFAM. Money down the drain.
Papua New Guinea: GNU/Linux Growing, Windows Down Below 15%
it seems indisputable there's headway and momentum
"Planets" Cannot Replace Social Control Media, They're Very Much Akin to It (Censorship Hubs, Gatekeepers)
Don't be subjected to gaslighting; make your own OPML file
Topics That Truly Irritate and Consistently Infuriate the Microsofters (Whenever We Cover These)
Censoring uncomfortable information is a difficult activity that has its limits, even in Reddit
Honduras: Vista 11 Down, GNU/Linux Up
Valve sees GNU/Linux as bigger than Apple's MacOS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 13, 2024
IRC logs for Thursday, June 13, 2024
LibrePlanet 2024 and the Lost Video/Audio of Talks
After the event was over someone informed us that due to technical issues they had lost (or failed to acquire) recordings of the talks
Choosing Between Options to Outsource to Evades the Best Solution (Self-Hosting)
Most users don't need this sort of complexity
IBM Layoffs at Kyndryl
This can soon spill over to Red Hat
Turkmenistan: GNU/Linux Leaps Past 5% This Month?
This is how statCounter sees it
Watch This Space
what matters most is not the volume or quantity of publications but their underlying depth and quality