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

04.17.18

The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

Posted in Europe, Patents at 1:23 pm by Dr. Roy Schestowitz

Gazette’s latest

EPO quality lies

Summary: EPO patent quality continues to sink while EPO management lies about it (the article above is new and not satirical) and software patents are openly being promoted/advocated

THERE’S NO room for humour when the EPO moves further to the right (patent extremists) while the USPTO, conversely, moves to the left. The EPO has become a rather radical organisation which not only treats workers in Medieval ways/standards but also grants monopolies similarly. It is almost as though a feudal system has reasserted control.

“The EPO has become a rather radical organisation which not only treats workers in Medieval ways/standards but also grants monopolies similarly.”Compare the EPO to India and to China. The Chinese government has moved so far to the right (censoring almost everything) and lowered patent quality to the point where — like the EPO — quality of patents is no longer recognised and dissent is not tolerated. India, contrariwise perhaps, has rejected many patents. This new article (from earlier today) speaks of “confusion regarding software patents in the global IT hub,” but there’s no “confusion”; they’ve banned software patents in the country a long time ago. To quote the opening paragraph:

While the world eagerly watches the development of India’s software industry, the confusion regarding software patents in the global IT hub remains considerable. This is despite – or perhaps because of – the three attempts by the Indian Patent Office (IPO) to establish guidelines on computer-related inventions (CRIs), each of which has provoked questions, criticism and controversy. The IPO released its latest CRI examination guidelines on June 30 2017; this chapter looks into the evolution of the guidelines, from the first set to the third, as well as the effects that they have had.

These also earned India praised, but the article (sister site of IAM) says the policy “provoked questions, criticism and controversy.” From who? Patent extremists, that’s the key point. IAM attacked India’s patent policy so many times last year; this year it’s toning things down a bit (perhaps fearing criticism for such selfish lobbying).

“The Chinese government has moved so far to the right (censoring almost everything) and lowered patent quality to the point where — like the EPO — quality of patents is no longer recognised and dissent is not tolerated.”This brings us to the EPO. Where does the EPO stand on all this? It used to favour high patent quality, but nowadays all it cares about are numbers of patents (or applications, albeit only when/if that number goes up). The EPO is, in effect, outsourcing the job of patent examination to judges/juries/courts. That would cost a fortune. The EPO passes all the burden to the European public/businesses. The UPC is effectively dead (nobody even talks about it anymore, except yesterday when EPO management together with Team UPC just kept lying about alleged value and prospects of it). The EPO has just passed along this promotion of its event that says: “The 2018 UP&UPC Conference will take place on 3rd July at @EPOorg, Munich” (that’s just 3 days after Campinos arrives).

One can therefore expect Campinos to be embedded in Team UPC — just like Battistelli — and thus promote patent maximalism.

Earlier today the EPO promoted software patents in Europe yet again. As we noted earlier this week, the EPO goes to the United States, Microsoft’s back yard in fact (Seattle), in order to promote such an agenda and hours ago it wrote: “How to obtain patents in computer-implemented inventions in biotechnology and healthcare at the EPO?”

It doesn’t get any more shallow than this. Check out the one reply they got. The FFII’s President wrote: “Alice or the EPC says the same, EPO should not grant them. But Europe does not have a Supreme Court, the EPO can do whatever it wants. Including going to watch World Cup football matches…”

“Where does the EPO stand on all this? It used to favour high patent quality, but nowadays all it cares about are numbers of patents (or applications, albeit only when/if that number goes up).”Again, zero accountability. Battistelli and Campinos will just get away with anything they want. No oversight has been added and nothing has been corrected. Nobody will enforce the rules and when a thousand examiners complain about deviation from the EPC nothing happens.

“What about the other fella,” asked us one reader, alluding to Christophe Geiger. He’ll soon work with Battistelli, having worked with Campinos. The “rumor has it,” our reader added, that there’s a “surprise post along with the Campinos classmate” (Geiger).

Here is his profile page and Wikipedia ‘stub’ that says “Christophe Geiger is a lecturer in intellectual property law, as well as current Director General of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg.”

Remember that Battistelli is not retiring but merely hibernating in CEIPI, having attacked jurists for 4 years if not longer. Recall what we wrote some months ago:

One pillar of the organisation that can keep software patents away is the Boards of Appeal, but having suffered many attacks from Battistelli, who in the Boards would be brave enough to do something on this matter? Watch what happened to Patrick Corcoran (from the Boards of Appeal) whilst or after he had rejected a software patent of an EPO partner.

“One pillar of the organisation that can keep software patents away is the Boards of Appeal, but having suffered many attacks from Battistelli, who in the Boards would be brave enough to do something on this matter?”Some hours ago the EPO wrote: “The Boards of Appeal invite users to participate in this written online consultation on the proposed revised Rules of Procedure of the Boards of Appeal.”

As if Battistelli and Campinos care or listen to what the public has to say. If they cared, we’d see some sort of assurances to the Boards, but there have been none. And they’re still effectively above the law.

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 19/10/2018: OpenBSD 6.4 and OpenSSH 7.9 Released

    Links for the day



  2. Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

    The EPO is back to mentioning the Unified Patent Court and it keeps making it abundantly clear that it is only working for the litigation 'industry' rather than for science and technology (or "innovation" as they like to euphemise it)



  3. Links 18/10/2018: New Ubuntu and Postgres

    Links for the day



  4. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  5. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  6. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  7. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  8. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  9. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  10. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  11. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  12. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  13. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  14. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  15. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  16. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  17. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  18. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  19. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  20. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  21. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  22. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  23. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  24. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  25. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  26. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  27. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  28. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  29. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  30. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day


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