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

06.15.17

Software Patents in Europe Are Still Promoted by the EPO, Even in Defiance of the Ban

Posted in Europe, Patents at 5:06 am by Dr. Roy Schestowitz

CII at EPO
This EPO presentation from just months ago spoke of software patents (“CII”). Photo credit: EPO Patent Information Conference 2016 (Grant Philpott)

Summary: The European Patent Office continues to ignore the directive on the patentability of computer-implemented inventions, which had software patents disallowed with an overwhelming majority of 648 to 14 votes at the European Parliament

THE patentability of software in the US patent system, or at least the enforceability of such patents in courts, is in a sharp decline. We have a lot of articles about that coming (several dozens of drafts), but EPO is a priority for now.

“Has it been privately decided in Battistelli’s secret penthouse that patent quality no longer matters, only the perception/illusion thereof?”Software patents are not permitted in Europe, yet in public events the EPO's spokespeople have the audacity to repeatedly defend and promote these. It pushes in a similar direction in India, which has similar laws for similar exclusions (athough India’s patent office actually obeys these exclusions, unlike the EPO).

The EPO further expanded to patents on life and genome (not a joke!) and days ago we saw some press release and coverage about Transgenomic. How far will the EPO go? Has it been privately decided in Battistelli's secret penthouse that patent quality no longer matters, only the perception/illusion thereof? Stakeholders were not consulted about this and many holders of EPs will inevitably see the value of their patent/s perish.

“Software patents are not allowed in Europe.”The EPO is pushing software patents again, in defiance of the law (see paragraph 3 in this epo.org Web page) that EPO promoted here and also (about a day later) here. To quote the relevant part: “The consequences for the patent system are potentially tremendous, and they challenge some of the fundamental concepts of the system, such as the definition of “industry” and “inventor”. There will be a greater overlap and interplay between the types of rights, and as software pervades through all technologies a greater debate on the patentability of software.”

There was already a debate and it was concluded. Software patents are not allowed in Europe. We wrote about the above, “Industry 4.0″, several months ago, and particularly about how it was used by the EPO to promote software patents, not just in the past but also at present.

“…Siemens had a lot to do with the push for software patents in Europe, not just in Germany…”This report which the EPO is promoting this week was quoted as saying that “They [presumably those who actually produce software] feel that software patents must be abolished or greatly restricted.”

Attributed to Siemens, a top patentor at the EPO, is this quote: “novel hardware in order to be patentable is “an alarming development”…”

As we wrote here a very long time ago, Siemens had a lot to do with the push for software patents in Europe, not just in Germany [1, 2].

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. FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

    Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND



  2. Europe is Under Attack

    European politicians or political candidates pretend to be 'candid'; but they're agents of Power, or put another way, they're there to make the rich and powerful class even richer and more powerful by passing new, ruinous laws in the name of 'the people' or 'for SMEs'



  3. Links 15/11/2019: New Opera and Brave, GNU/Linux Flatpa(c)ked

    Links for the day



  4. IRC Proceedings: Thursday, November 14, 2019

    IRC logs for Thursday, November 14, 2019



  5. Understanding Thierry Breton: Toxic Management Goes on Trial in France

    "In each of these cases, the suicide served as a symbolic act of protest to denounce workplace conditions at France Télécom and attract public attention to its practices."



  6. Thierry Breton's Video/Live Grilling is Over, But the Grilling Continues Online

    Elite politicians aren't reluctant to give Thierry Breton the high seat (or throne); but everyone else realises that this resembles a corporate takeover more than anything



  7. The EPO's Low Patent Quality is Not Just Suicidal; It is Illegal

    With help from the besieged Boards of Appeal (BoAs), which complain that they can no longer judge cases (appeals/referrals) autonomously and independently, the Office in Munich continues to grossly violate the EPC and mimic China's ridiculously low patent bar, which even formally permits patents on algorithms



  8. Links 14/11/2019: Mesa 19.2.4 and GCC 7.5 Released

    Links for the day



  9. Microsoft is Not an Open Source Company But Microsoft Bribed and Took Over Many Open Source Authorities (Rivals' Voice Hijacked)

    Free/Open Source software (FOSS) and GNU/Linux are being taken over by Microsoft moles, bought by Microsoft Corporation, and the collective voice of the alternative to Microsoft and Windows is being muzzled (they tell us they "love" us while they're attacking us and sometimes suing us)



  10. Techrights' Interpretation of Koch v EPO: The EPO's Management Still Attacks Staff Representatives

    The EPO hopes to get its victims (of EPO abuse) to not only foot their own bills but also the EPO's



  11. Understanding Thierry Breton: “Mister Cash” Arrives at France Télécom

    The psychological harassment of the France Télécom workforce led the "suicide wave" after Breton had left France Télécom



  12. The Breton-Battistelli Relationship and Breton Hiding His Employment Record at Rothschild & Cie Banque

    EPO scoundrels such as Battistelli are closer to Breton than most people care to realise; Breton is hiding part of his career ahead of today's grilling



  13. A Lot of EPO Staff on Dutch Land Protested (Despite Abusive Threats From Management) and a Strike is Reportedly Next

    EPO management in Rijswijk tried hard to prevent workers from protesting on their free time (lunch break), reaffirming that same old belief that nothing is changing at the EPO and nothing will change without truly disruptive action



  14. IRC Proceedings: Wednesday, November 13, 2019

    IRC logs for Wednesday, November 13, 2019



  15. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  16. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  17. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  18. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  19. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  20. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  21. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  22. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  23. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  24. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  25. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  26. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  27. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  28. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  29. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  30. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions


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