Bonum Certa Men Certa

Lawlessness at the EPO Means That Software Patents Are Still Being Granted and EPO Judges Have Their Hands Tied



Summary: The EPO is making it virtually impossible to stop the illicit patenting of algorithms; even the EU nowadays participates in this EPC-violating agenda

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) don't seem to mind patent quality. Iancu and Campinos (like Battistelli before him) openly promote software patents in defiance of caselaw. They leave these for the courts to invalidate -- to essentially void patents that should have never been granted in the first place. Iancu attacks Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), whereas Battistelli and Campinos ensure that EPO judges lack independence and autonomy. Iancu ignores all the Federal Circuit rulings that don't suit his agenda/vendetta, whereas the EPO never seems to bother with decisions outside Munich (Munich?! Oops, we meant Haar).



The EPO under Campinos is still breaking the law and violating the EPC. Its latest buildings 'shuffle' is alleged to be -- perhaps deliberately -- making it a lot harder to return judges from 'exile' in Haar. It is still a growing headache for Campinos as bringing back these judges would prove that Battistelli (the man who gave him this job) broke the law and potentially void/discredit several years' worth of court cases.

Gwilym Roberts from Kilburn & Strode (via Peter Ling) has just mentioned one key case to that effect:

When this Kat took on the pending referral G2/19 before the EPO Enlarged Board of Appeal to dwell on issues of geography in the greater Munich area, he mentioned that the same referral could warrant several additional Katposts to cover all the issues raised. Kat friend Gwilym Roberts from Kilburn & Strode took up the challenge and has had a closer look into the two other questions referred to the EBA.

[...]

The case background is simple - a third party unsuccessfully submitted observations on clarity (art. 84 EPC) prior to grant of a patent application. Because the third party could not oppose based on art. 84 (because lack of clarity is nott a ground), instead it lodged an appeal against the grant of the patent on the basis that it was adversely affected. This is extraordinary.

The issues referred are, roughly: (1) should oral proceedings be held to deal with the admissibility of the appeal, (2) does the complainer have standing as appellant and (3) the Haar thing. Question (1) has been looked at before (see for example T556/09, T114/09, T1289/10), but it would seem to open the door to frivolous abuse of proceedings. As long as the inadmissibility rules are applied responsibly, which seems to be the case generally (and it does not appear to be the subject of the complaint here), then there has to be a way of dismissing vexatious cases promptly.



It's worrying to see that there's still no resolution to it; in the meantime the EPO continues granting perhaps hundreds of thousands of patents that should not be granted. And retweeted by EPO some hours ago was this tweet from the EU: "Be quick and register TODAY! The next study visit to the European Patent Office ( @EPOorg) (27 June 2019, Munich) will focus on Artificial Intelligence and patents including hands-on experience of EPO experts, patent examiners and lawyers!"

Well, Artificial Intelligence or "AI" disguises invalid patents on algorithms. Here's what the cited page from the EU says:

In particular, this study visit will focus on Artificial Intelligence and patents. Additionally to providing the participants with an overview of the EPO and the European patent system, it will guide them into the complex field of AI-based inventions and the new problems they may pose to the examiners on their way from a patent application to a granted patent.


So "complex field of AI-based inventions" (yes, very complex!) is how the EPO looks to justify granting fake European Patents. Notice the EU's complicity? Didn't Parliament pass a directive against it? Law does not seem to matter anymore.

Recent Techrights' Posts

12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
 
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Covering Abuses and Corruption
We'll never surrender to blackmail
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
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
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
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day
Removing the Tumour From IRC
looking back
[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
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
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