02.15.16

Gemini version available ♊︎

With Software Patents, “the [Low] Level of the USPTO Has Now Be[en] Reached by the EPO”

Posted in America, Europe, Patents at 7:20 am by Dr. Roy Schestowitz

Patents on maths, such as computer vision (my research discipline), are increasingly becoming possible under the Battistelli regime

Blatterstelli and EPO, USPTO
When one’s goal is just maximising the number of patents the role model would be SIPO (China) or USPTO, where the yardstick/accomplishment is granting a patent on any bundle of paper that comes in, securing a monopoly on virtually everything under the Sun (as long as it says “technical”, “inventive”, “on a computer”, and/or “over the Internet”)

Summary: Software patents and other patents of little or no technical merit that can be physically demonstrated are now being granted by the European Patent Office, despite the demise of software patents in the United States

HERE IN Techrights we mostly focus on software patents (primary focus of the site), but there are many other problems associated with the EPO, including the use of patents against so-called ‘generic’ medicine and cancer treatments (there are various issues associated with that). IP Kat covers a story that was mentioned here the other day, stating that “European Patent No 1 313 508 protects the use of pemetrexed disodium in combination with vitamin B12 or a pharmaceutical derivative thereof and optionally a folic protein binding agent. The patent expires on 15 June 2021.”

“Putting aside the abuses against human rights, there are technical issues as well.”Whether one talks about the European Patent Office or epogen/Epoetin alfa, EPO is now synonymous with cheating, breaking of rules. Putting aside the abuses against human rights, there are technical issues as well. For instance, somebody posted an amusing ode titled “BB’s Declaration on Truth and Self-Imposed Stupidity…”

This is about the reality distortion field, which we recently covered here, both before and after the event in Rijswijk. Another person correctly insinuated that “the level of the USPTO has now been [corrected] reached by the EPO” with patents on a digital purring cat — a software patent idiotic/trivial enough that the USPTO would most likely approve given its low standards and greed which motivates such low standards, sending out the message that nearly all applications will be successful, leading to a filings deluge, also at courts’ dockets. “Sure that the problem-solution-approach exists when assessing inventive step,” wrote the person. “I however still fail to see what can be inventive in claiming the purring of a virtual cat when a cursor is moved back and forth on the virtual cat. The claim does certainly not read on an actual cat. If this would be the case, novelty would not even be given. [...] it means sadly that the level of the USPTO has now be reached by the EPO….. Where has common sense disappeared to?” This is the patent in question, from Immersion Corporation, which has an extensive cluster of other cross-referencing software patents at the EPO, mostly relating to user interfaces and vibration for feedback. Just because the software triggers a “vibrate” action doesn’t mean the software is somehow physical. It’s still a software patent. Based on the company’s own site, it’s about software and it’s about licensing, not necessarily making things. There’s an “IP Licensing” section under “Products”. To quote their plenary description from the front page: “Immersion licenses touch feedback technology.”

“We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust.”This kind of patent maximalism, meaning the expansion of patents or the objective of maximising the number of patents by lowering quality (of examination or patents approved), is something that we’ve warned about many times here before. It’s why we wrote about the EPO almost a decade ago, primarily in relation to software patents. It was Brimelow who permitted the “as such” loophole to sneak in, but it was Battistelli who took this further with accelerated examination (meaning lax or lenient) for Microsoft, which mostly patents software and exploits Brimelow’s loophole to make it seem like something which it’s not.

We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust. The boosters of software patents — people who themselves never wrote computer programs or understand how a computer works — try to pressure policymakers, judges, examiners etc. to abolish the Alice case as a factor, despite the SCOTUS overwhelmingly (unanimously) ruling against abstract software patents. Here is the latest example of that, published just yesterday. By his own admission, the author “is a patent attorney licensed to practice law in California and Arizona.” Looking only at the side of patent aggressors and their lawyers (not their victims, who are far greater in number), he writes that “examining corps’ over-use of Section 101 rejections can be reined in via a more disciplined and structured set of instructions.”

“How is reduction in rejections a good thing? What is the point of patent examination is there’s no difficulty and frequent rejections?”Why is it overuse? Because he doesn’t like it when Alice is brought up? It’s a Supreme Court’s strong, high-level decision. Why bypass it?

“Examiners would like it,” he said, insinuating that somehow granting a lot more patents on software is something that examiners would prefer (in the past at least they received financial incentive to actually grant if in doubt rather than decline). He also said that “applicants would find examination outcome more predictable and know how to respond to rejections better; and reduced rejections represents good patent policy and will benefit the U.S. economy.”

This is complete nonsense. How is reduction in rejections a good thing? What is the point of patent examination is there’s no difficulty and frequent rejections? It’s like those scandals in the UK where examination authorities in the scholarly world are found have have made exams easier so that young people get higher grades and they can deduce from it that children are somehow (magically) getting a lot smarter.

“Don’t take advice from patent lawyers on issues such as these.”Patent lawyers are understandably concerned because many of their old clients probably feel reluctant to patent software any longer. That’s a good thing for society as a whole. Don’t take advice from patent lawyers on issues such as these. They’re biased, and not for idealogical reasons but for their own pockets.

“The status of the lobby against software patents is so bad that I have to say #ilovefs,” Benjamin Henrion wrote on Sunday night. He is right as the camp that fought against software patents used to be a lot more active a decade ago or even a few years ago. The public debate has been mostly warped (with help from the corporate media, which is owned by large corporations that love software patents but hate trolls that sue them), to the point where a lot of the public now thinks in terms like “patent trolls”, not patent scope or a patent’s domain.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

2 Comments

  1. katkatkat said,

    February 15, 2016 at 3:05 pm

    Gravatar

    See this interesting contribution:
    http://www.agoravox.fr/tribune-libre/article/de-quoi-le-conflit-social-a-l-175546

    Dr. Roy Schestowitz Reply:

    Yes, I had exchanged many E-mails about it for months and a partial translation is already available. It’s not yet ready for publication.

DecorWhat Else is New


  1. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  2. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  3. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  4. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  5. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  6. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  7. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  8. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  9. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day



  10. IRC Proceedings: Tuesday, January 24, 2023

    IRC logs for Tuesday, January 24, 2023



  11. ISO Certification Hardly Tackles Any of the Real Issues

    The real-world threats faced by private companies or non-profit organisations aren't covered by the ISO certification mill; today we publish the last post on this topic before proceeding to some practical examples



  12. [Meme] Medical Data Sovereignty

    What happens when your medical records/data are accessible to a company based abroad after a mysterious NDA with the Gates Foundation? The International Organization for Standardization (ISO) does not mind.



  13. The ISO Delusion: Sirius Open Wash Ltd. and Medical Data/Projects at Risk/Peril

    Sirius ‘Open Source’ was good at gloating about “ISO” as in ISO certification (see our ISO wiki to understand what ISO truly is; ISO certification needs to be more widely condemned and exposed) while signing all sorts of dodgy deals and lying to clients (some, like the Gates Foundation, were never mentioned because of a mysterious NDA); security and privacy were systematically neglected and some qualified as criminal negligence (with fines/penalties likely an applicable liability if caught/reported)



  14. Links 24/01/2023: Wine 8.0 is Ready, FSF Bolsters Copyleft

    Links for the day



  15. Azure Has Layoffs Again, Microsoft Still Cutting

    Even supposed ‘growth’ areas at Microsoft are being culled (this growth is faked, it is a lie)



  16. Links 24/01/2023: Tails 5.9 and ArcoLinux v23.02

    Links for the day



  17. Links 24/01/2023: GStreamer 1.22 and Skrooge Gets New Site

    Links for the day



  18. IRC Proceedings: Monday, January 23, 2023

    IRC logs for Monday, January 23, 2023



  19. The Inside(r) Story of ISO 'Certification' Mills

    Based on my experiences inside Sirius ‘Open Source’ — as I was there for nearly 12 years — I finally tell what I’ve witnessed about ISO certification processes (see ISO wiki for prior experiences)



  20. [Meme] ISO Selling 'Reputation' to Small Businesses (for a Large Fee)

    As we’re hoping to demonstrate throughout the week, ISO certification is, in practice, worse than worthless (just a waste of small businesses’ resources, much like patents); call it the ‘ISO tax’, an artificial barrier to entry that boils down to money



  21. [Meme] ISO Certification for Paying for Certificates on Time

    ISO is a phony authority; it makes business by issuing mostly worthless paperwork that wastes people’s time and accomplishes nothing (except making ISO in rich Switzerland even richer)



  22. The ISO Train Wreck at Sirius 'Open Source'

    Before we proceed to showing how Sirius ‘Open Source’ blatantly ignored security and privacy we wish to show how ISO (see ISO wiki) basically ‘sold’ a certificate to Sirius — this is like a “diploma mill” but something that’s for businesses, not individuals



  23. Sirius Lying About ISO to Justify Giving the Technical Staff Some Classic 'Bullshit Jobs' While Censoring/Covering Up Incompetence

    Sirius ‘Open Source’ has long used “ISO” — and sometimes “GDPR” — as catch-all excuses for all sorts of nonsensical policies; does ISO realise the degree to which it is being misused by incompetent 'box tickers'?



  24. Links 23/01/2023: mozilla.org's 25th Anniversary and IceWM 3.3.1 Released

    Links for the day



  25. Report: The So-called 'Linux' Foundation is Reducing Focus on Linux

    The so-called ‘Linux’ Foundation is reducing its focus on Linux and is instead busy promoting Microsoft, Facebook, and other interests that GNU/Linux users strongly dislike



  26. Links 23/01/2023: Fwupd 1.8.10

    Links for the day



  27. IRC Proceedings: Sunday, January 22, 2023

    IRC logs for Sunday, January 22, 2023



  28. Links 23/01/2023: Many Pgpool-II Releases, risiOS 37 Reviewed

    Links for the day



  29. [Meme] Sirius is Not Open Source and Thugs Took Over the Company

    Despite its name, Sirius ‘Open Source’ actively replaces Open Source with proprietary software, even for its very own infrastructure (while almost all the “managers” use proprietary software)



  30. [Meme] Truth is Not Defamation

    The rogue employers like to frame everything that’s not convenient as “false” or even libelous/defamatory/slanderous; what’s actually libelous/defamatory/slanderous is those employers making such accusations against staff that says the truth (verifiable facts) in an effort to discredit such staff


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts