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

12.08.17

The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

Posted in Deception, Europe, Patents at 5:55 pm by Dr. Roy Schestowitz

EUSummary: The EPO’s push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC

THE EPO, having recently corrupted academia for some UPC propaganda, managed to convince the European Union (Horizon 2020 research and innovation programme to be specific) to promote the lies, dubbing these “[a] new study [sic] concerning the Unitary Patent…”

The EPO has also just repeated the lie it told earlier this week. “These findings confirm that the fragmentation of the current European #patent system is a persistent gap in the completion of the European Single Market for #technology,” it said. The EPO is wrong again. It did not bother asking actual technology companies. Sovereignty or assumption of innocence is not “fragmentation”, it’s due process. And either way, technology companies do not want the UPC. Many have signed a petition against it. There’s a legitimate fear that UPC would usher in software patents, among other patents that are not acceptable in pertinent nations based on their national patent law. The UPC can be viewed as a Trojan horse that overrides — not just bypasses — rational patent scope.

“Patent maximaklism at the EPO has become a disease that insiders — notably examiners — routinely complain about.”What about patents on life? Hazel Ford from Finnegan, Henderson, Farabow, Garrett & Dunner LLP has just published this article (actually, self-promotional marketing piece) that speaks of “Natural Products” (product of a process) being patented. Sure, go ahead and compare nature to “products” (industrial term) in order to sell/promote patents on just about everything.

She points out that the USPTO is rightly restrictive on this matter and then addresses ‘perils’ (to lawyers) associated with the EPC, which the EPO ignores anyway. To quote:

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO has started to reject claims directed to naturally-occurring products under 35 USC §101. In the European Patent Office (EPO), such objections do not generally arise.

The EPO’s position is that that merely finding a previously unrecognised substance occurring in nature is an unpatentable discovery. However, if that substance can be shown to produce a technical effect, then the naturally-occurring substance may be patentable (EPO Guidelines for Examination G-II, 3.1).

This ability to patent natural products derives from the rules of the European Patent Convention (EPC), which explicitly state that biological material which is isolated from its natural environment or produced by means of a technical process can be patented, even if it has previously occurred in nature (Rule 27(a) EPC). Similarly, although the human body itself cannot be patented at the EPO, elements isolated from the human body, including gene sequences, can form patentable inventions, even if they are structurally identical to a natural element (Rule 29(1) and (2) EPC).

In order to obtain a patent at the EPO to a product that occurs in nature, the claim must specify that the product is isolated from its natural environment, or it must make it clear that the product as claimed was produced by a non-natural process.

Patent maximaklism at the EPO has become a disease that insiders — notably examiners — routinely complain about. UPC is a danger because it extends enforcement — not just patent-granting — to nations that would otherwise reject these patents based on national, rational law (evidence-based). The UPC needs to be stopped before any real damage is done to Europe’s productive industries; thankfully, the UPC is stuck, probably for good.

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. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  2. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  3. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  4. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  5. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  6. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  7. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  8. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  9. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  10. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  11. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020



  12. When Microsoft's Actions Speak for Themselves (About Back Door Access)

    Unwittingly, people are being reminded of the 'special relationship' between Microsoft and the US Army (or government); The back doors or bug doors are still there, even 7 years after Edward Snowden's NSA leaks



  13. Why You -- Yes, You Too -- Should Consider Migrating to GNU/Linux

    The window is closing (and Windows/Vista 7 closing down); the chance to use machines that the users actually control is still there



  14. Can We Please Stop Lying for Microsoft in the Mainstream Media?

    Dishonesty for short-term financial gain (e.g. advertising money) will be a big loss in the long run. There’s a reason why so many news sites perish and Datamation (where I wrote more than a decade ago) now throws away remnants of reputation by spreading a big lie from Microsoft.



  15. It's Only Factual and Truthful to Point Out That About Half of the EPO's Management Committee Are From the President's Nation (and Many Are Underqualified Friends of His)

    The patent-granting extravaganza of what a reader and contributor of ours likes to call "Club Med" will result in great pain (not just for the Office but for Europe as a whole); pointing out who's to blame (the culprits) is an exercise in practicality



  16. Stranger Than Fiction: Team UPC's Mental Condition

    Team UPC's delusions continue to unmask UPC proponents (in 2020) as totally and entirely detached from reality



  17. Links 14/1/2020: IBM Joins LOT Network; X.Org Server 1.20.7, Tails 4.2.2 and Zanshin 0.5.71 Released

    Links for the day



  18. Vista 7 is Dead, Long Live GNU/Linux

    A reminder of Microsoft’s universal “PC tax” ambitions — evidence that the company was never interested in ‘playing nice’ with anybody



  19. Links 14/1/2020: Git v2.25.0 and End of Vista 7

    Links for the day



  20. Systematic Abandonment of the Independence of Judiciary at the EPO (or Collective Amnesia)

    The ‘constitution’ or the convention upon which the EPO is based (known as EPC) is routinely violated and nobody seems to care anymore; the EPO governs itself and conducts itself without as much as a fundamental legal text



  21. They Always Say They Love Linux (and 'the Children')

    Microsoft says it “loves Linux” and the Gates Foundation insists it “loves children” but the real underlying motivations have more to do with monopoly (Windows, Monsanto etc.) and nothing to do with “Linux” or “children” or whatever



  22. The Media's Obligation is Not to Repeat the Lies of EPO Management, But Money Changes Things

    The ridiculous lies about prospects of the Unified Patent Court are now spreading to EPO-friendly publishers — few powerful people to whom truth isn’t valued as much as the customers (their subscribers and sponsors are law firms)



  23. IRC Proceedings: Monday, January 13, 2020

    IRC logs for Monday, January 13, 2020



  24. The FSF and GNU Need a Better Savannah to Attract GitHub Refugees

    Thomas Grzybowski's explanation of why GitHub poses a risk to software freedom and what can be done about it



  25. Links 13/1/2020: Linux Lite 4.8, Linux 5.5 RC6, Corebird Continues as ‘Cawbird’

    Links for the day



  26. GNU is Not Linux and Not UNIX, Either

    When GNU started it needed to clarify that it wasn't UNIX but a UNIX-like replacement for it; now it needs to argue, sometimes in vain, that calling GNU with Linux just "Linux" is factually wrong



  27. Mansion of Pedophilia – Part VII: Guilty Verdict in Case of Pedophilia (Staff at the Mansion of Bill Gates), But Where Was the Mainstream Media?

    We take our first glimpse at court documents and a preliminary look (overview) of what the case in question entailed, with updates on the record for almost 5 years



  28. IRC Proceedings: Sunday, January 12, 2020

    IRC logs for Sunday, January 12, 2020



  29. Open Letter to Richard Stallman About the Free Software Movement

    New letter to the founder of GNU and the FSF; the authors "wish to have it published as an open letter as well."



  30. Links 12/1/2020: End of Windows 7, LibreOffice 6.4 RC2 and Sparky 5.10

    Links for the day


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