EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.06.16

The Enemy Within: How Patent Lawyers, Their Media and the Whole Patent Establishment Became an Enemy to Their Nations

Posted in America, Asia, Deception, Europe, Patents at 3:45 am by Dr. Roy Schestowitz

Time to bring the patent offices under control (to serve inventors, not billionaires)

President Dwight D. Eisenhower, Oval Office

Summary: In the patent microcosm — just like the Military–industrial complex — a conflict of interests has been created wherein demand is being artificially created for undesirable things, typically for the empowerment of those who are already very powerful

The previous post dealt with the role played by Shelston IP and AJ Park in the south east. They basically serve the agenda of what’s sometimes referred to as the “Empire of Corporations” (class, not geography, multinational imperialism by profit, not people). The EPO under Battistelli is pretty much the same and the EPO now relies on globalisation to drive the agenda of the super-rich (already enjoying special EPO treatment), like those whom Battistelli like to hang out with a lot (Sarkozy, Lagarde and billionaires).

“There are many legitimate reasons for staying in the EU, but UPC isn’t one of them, unless you’re IAM or a patent lawyer.”Right now there’s lots of talk here about Brexit (Britain exiting the EU), which I am personally against. IAM’s Joff Wild, who is obviously very close to the EPO, only cares about Brexit because it might jeopardise the UPC and a couple of hours ago he wrote: “For one, the opinion polls in the UK are now pointing ever-more firmly towards a win for the Leave side in the country’s upcoming referendum on its membership of the European Union. As discussed on here previously, should Brexit be the result on 23rd June that is likely to have major implications for the future of the Unified Patent Court. It will be interesting to hear what people have to say about this. My sense is that very few have registered that it could happen, but there is now a very real possibility it will. The consequences for the global patent market could be pretty negative – especially given the current uncertainties in the US, another issue that we will be focusing on over the next two days.”

Let is be clear that the UPC helps patent trolls, multinational giants, and software patents (i.e. all the things IAM loves so much). There are many legitimate reasons for staying in the EU, but UPC isn’t one of them, unless you’re IAM or a patent lawyer. The above serves to illustrate just to what degree forces associated with the EPO and with patent chaos push agenda here. It’s almost as though Europe’s patent policy totally ignores the interests of the European people and is steered directly (and usually behind closed doors) by a bunch of patent lawyers and profiteers. This is appalling, but it doesn’t just happen in Europe. It’s an international problem.

“This is appalling, but it doesn’t just happen in Europe. It’s an international problem.”Looking at the US, the patent system there is literally run by people from industry (e.g. IBM or Google, who have corrupted the very purpose of the patent system) — people who later turn into lobbyists. Is anybody surprised that US patent policy is now optimised for huge corporations (protectionism) rather than invention? Patents are now being criticised by The Scientist (US), as part of the article “Do Patents Promote or Stall Innovation?”

This does not suggest that all patents are bad, but some oughtn’t be granted and there are domains, such as the abstract or nature, which oughtn’t be covered by patents. The article, as an example, says that “a patent dispute between biotech companies Sequenom and Ariosa Diagnostics on a related theme—the analysis of naturally occurring fetal DNA” is not good. Almost everyone would agree, except perhaps the giants that are already worth billions and established a monopoly using patents on things which they did not even develop (maybe merely discovered or utilised).

“There are alternative routes of operation and even protection of one’s ‘secret sauce’ (or source code), for example copyright law for software.”Now, consider India’s policy on abstract patents like software that in no way promote the interests of India. In the case of drugs, secrecy is one option and sharing of knowledge across companies (collaboration) are suitable business models too, albeit today’s giants would resist these with passion, for obvious reasons, and they also have a massive lobbying budget that goes a long way in a country like India. A new article from MIP, titled “India’s first National IPR Policy maintains position on affordable drugs,” says that the “India government has unveiled the first National Intellectual Property Rights Policy that sets out seven objectives and relevant guidelines to promote the country’s IP regime, and has resisted pressure from the United States to amend the patent law regarding access to cheap drugs”

In the words of a pro-software patents Web site, “Bad Patents Can Harm A Startup Company” and to quote the opening paragraph: “One of the options for the inventor is to not to file a patent, but simply to keep their invention secret. The most common examples are the formula for Coca Cola or Colonel Sander’s secret herbs and spices. Both of these examples could have been patented, but were not. From a business standpoint, these were the right decisions.”

“The policies from India show a certain strength in the face of bullying from the likes of USTR.”It’s not always patenting that works best to promote innovation (if patents promote innovation in the first place). There are alternative routes of operation and even protection of one’s ‘secret sauce’ (or source code), for example copyright law for software.

The policies from India show a certain strength in the face of bullying from the likes of USTR. What about east asia? Will it surrender to Western demands? Well, the part of it that’s a former British colony, Hong Kong, seems to be heading in the wrong direction, just like Singapore (another former British colony). To quote MIP: “The Legislative Council (LegCo) has completed its Bills Committee stage scrutiny of the Patents (Amendment) Bill 2015. The Bill introduces several important changes, including an original grant patent system for standard patents in addition to the existing re-registration system as well as a substantive examination procedure in the short-term patent system.”

“It often boils down to one nation’s “rights” (as in “intellectual property rights”) to exercise control over many others.”China will hopefully not be fooled by these policies in Hong Kong which would hurt the Chinese economy, unless Beijing wishes to see more Chinese giants becoming victims of Microsoft blackmail (patent shakedown for NSA-leaning spyware).

A lot of the world’s patent policy and debates are imperialistic by nature. It often boils down to one nation’s “rights” (as in “intellectual property rights”) to exercise control over many others. Those many other nations have elements in them which can be viewed as “enemies within”, e.g. patent lawyers, whose goal aligns with the foreign occupier, and they are willing to lobby domestically to advance nationally-harmful policies for personal gain–a sort of loot shared by the occupier with the facilitator/collaborator. If only more people could see that…

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Patent Troll VirnetX a Reminder to Apple That Software Patents Are a Threat to Apple Too

    VirnetX, a notorious patent troll, is poised to receive a huge sum of money from Apple and Qualcomm is trying to ban Apple products, serving to remind Apple of the detrimental impact of patents on Apple itself



  2. Links 16/10/2017: Linux 4.14 RC5, Debian 9.2.1, End of LibreOffice Conference 2017

    Links for the day



  3. The Systematic Erosion of Workers' Rights and Holidays at the EPO Goes Years Back

    The legitimacy of the staff's concerns at the EPO, having seen basic labour safeguards being shredded to pieces by Battistelli for a number of years (predating even the escalation of the conflict)



  4. Articles in English and German Speak About the Decline in Quality of European Patents (Granted by the EPO)

    Heise and The Register, two sites that have closely watched EPO affairs for a number of years, speak about the real problem which is declining patent quality (or rushed examination) -- a recipe for frivolous litigation in Europe



  5. Software Patents and Patent Trolls Not a Solved Issue, But the US is Getting There

    A media survey regarding software patents, which are being rejected in the US in spite of all the spin from law firms and bullies such as IBM



  6. US Patent Trolls Are Leaving and the Eastern District of Texas Sees Patent Cases Falling by More Than Half

    The decline of patent aggression in the US and the patent microcosm's response to Justices, having ruled in TC Heartland, curtailing patent trolls



  7. Qualcomm's Nightmares Are Getting Worse as Antitrust Questions Are Raised and Assessed

    Qualcomm is getting itself deeper in trouble as fines pile up and its multi-billion dollar dispute with Apple isn't getting it anywhere



  8. Forget About Apple; Two of the Leading Phone Makers (Samsung and Huawei) Are Bickering Over Patents

    Massive Android OEMs, Huawei and Samsung, are in a big patent dispute and this time, for a change, China is a legal battleground



  9. Tim Heberden From the Glasshouse Advisory is Throwing Stones in a Glasshouse to Create Patent Litigation

    IAM's latest lobbying, aided by the patent microcosm, for a climate of feuds and disputes (to line the pockets of the litigation 'industry')



  10. Access to Medicine is More Important Than Patents

    Some of the latest news about patents that impede/deny access to crucial medication; strategic litigation from the generics sector, seeking to invalidate patents and then offer low-cost alternatives



  11. Links 14/10/2017: Windows Breaks Dutch Law, Wine 2.19 Released

    Links for the day



  12. The Patent Trial and Appeal Board (PTAB) Supported by Congress, a Federal Judge, Soon to be Supported by the Supreme Court Too?

    The Patent Trial and Appeal Board is still widely defended, except by the patent microcosm which likes (and profits from) patent trolls and litigation Armageddon



  13. Patents Are Turning BlackBerry and Nokia, Which Used Android, Into Anti-Android Fronts That Tax Android OEMs

    The Canadian BlackBerry has sued BLU in the US only to compel it to pay 'protection' money; Nokia's patents are being scattered to trolls, which are doing something similar (without risking litigation themselves)



  14. The Unified Patent Court (UPC) is Rotting Like the European Patent Office

    The Unitary Patent litigation pipe dreams (or prosecution/trolling fast lane), which Battistelli's EPO long relied on, turn out to be the road to nowhere



  15. Lying and Faking Now a Standard Procedure at the European Patent Office

    The European Patent Organisation (EPO) under the leadership (or chairmanship) of Christoph Ernst continues to relay lies from Battistelli's Office, SUEPO rejects these, the Office lies about SMEs, prioritises Microsoft (again), and probably buys fake Twitter "followers"



  16. Links 13/10/2017: X.Org Server 1.19.5, pfSense 2.4, Final Stages of Ubuntu 17.10

    Links for the day



  17. Truly Terrible 'Journalism' About António Campinos Boils Down to Lobbying and Agenda-Pushing

    The expectedly shallow coverage of the appointment (succession) of Battistelli's French pick, which will likely change nothing of significance at the European Patent Office (EPO)



  18. Under Christoph Ernst, the Council is Just a Megaphone of Battistelli's EPO, Including on Patent Quality

    The Administrative Council of the EPO does not appear to be interested in a serious, adult, scientific debate about the quality of European Patents (EPs) and is instead relaying lies from Benoît Battistelli



  19. Links 12/10/2017: Cutelyst 1.9.0, Qt Creator 4.5 Beta

    Links for the day



  20. The Hogwash Begins: Patent Microcosm's Media Pretends Campinos is Anything But Battistelli's French Succession Plan

    A survey of media coverage regarding António Campinos, the French person whom Benoît Battistelli selected as his successor at the EPO



  21. Patent Quality at the EPO (European Patents) is Slipping While Battistelli's Office Boasts “Expansion of Early Certainty” (Even Worse)

    The EPO is staring down the abyss as high-level EPO management, quite frankly as usual, looks for new ways to further exacerbate patent quality (for superficial gains in the number of granted patents) rather than improve it



  22. Former Microsoft Employee Explains Why Microsoft 'Embrace' of GNU/Linux and Free/Libre Open Source Software is Like W3C Entryism

    Microsoft's latest moves are "EEE" that "concern" him, according to this new video



  23. Links 11/10/2017: Krita 3.3.1, KDE Plasma 5.12 Plans

    Links for the day



  24. China is Getting Full of -- and Fed Up With -- Patent Trolls

    In China too, as expected, local companies are becoming rather disgusted by a wave of patent trolls, enabled by misguided officials and bad advice from the likes of IAM (which sets up events in China at the behest of the patent microcosm)



  25. The FRAND Lobby is Trying to Sneak Software Patents Into Countries That Banned Them

    The patent lobby is attempting to find new ways to impose patents on software (with euphemisms like "reasonable", "non-discriminatory" or "fair"), even in places that explicitly disallow these



  26. Musical Chairs as Battistelli's 'Chinchilla' García-Escudero Márquez Could Reportedly Take António Campinos' Place

    A culture of nepotism continues to thrive at the EPO, with García-Escudero Márquez rumoured to be after Campinos' position now that he's taking Battistelli's position; García-Escudero Márquez is also Battistelli's 'chinchilla' at the appeal boards, obliterating any illusion of independence



  27. With Surveillance Recruits at the EPO, Are (or Were) DNA Tests Ever on the Agenda?

    Since a lot of what's happening at WIPO has also happened at the EPO, and overlap between the two is growing, we recall tactics which are illegal but are miraculously protected by the veil of immunity



  28. Links 10/10/2017: Plasma 5.11, GCC 5.5 Released

    Links for the day



  29. Battistelli's Choice (Campinos) Confirmed as New EPO President

    Council Secretariat confirms



  30. Judge Cuno Tarfusser Wants to Become the Next EPO President

    Latest news from the EPO Administrative Council (AC) meeting, including details about the person who competes with Campinos over Battistelli's job


CoPilotCo

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

CoPilotCo

Recent Posts