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

04.24.18

Today’s EPO is Not Compatible With the Law and It’s Grossly Incompatible With Truth and Justice

Posted in Europe, Law, Patents at 5:15 pm by Dr. Roy Schestowitz

Fair trial

Summary: Today, once again, the EPO openly advocates software patents while media promotes loopholes (notably hype waves)

THE European Patent Office (EPO) has lost touch with the law, just like Team UPC and various factors that push towards a ‘unitary’ patent. The law does not seem to matter to these people, constitutions are ripped to shreds, lies are habitual, and votes are rigged.

“The term “computer-implemented inventions” or CII is just a euphemism for software patents. They try to disguise these as “AI”, “cloud”, “4IR”, “devices” and nowadays even “blockchain”.”Earlier today Gregory Bacon from Bristows wrote (first time they say anything in weeks) about “provisions [which] will [sic] prohibit ‘double-patenting’ i.e. protection of the same invention by an Italian national patent and a unitary patent; the possibility of such ‘double protection’ had been discussed but decided against (in contrast to the position in Germany, see Double protection and forum shopping under Germany’s draft UPC legislation).”

Well, it’s not like “Germany’s draft UPC legislation” will ever turn into anything. In fact, the UPC as a whole is gathering rust and there’s no progress, no news, nothing to report about it. The latest UPC spin is more of the same. There’s no news from Germany or from the UK. Hence it’s dead.

“It does not even obey its own rules, the national laws, international law, and the EPC.”Meanwhile, the EPO continues trampling all over the law. Software patents are in principle not allowed in Europe, but here comes the EPO again (only hours ago), writing: “How to obtain patents for computer-implemented inventions in biotechnology and healthcare at the EPO?”

The term “computer-implemented inventions” or CII is just a euphemism for software patents. They try to disguise these as “AI”, “cloud”, “4IR”, “devices” and nowadays even “blockchain”. In fact, earlier today a news site published this article titled “The patenteability of blockchain technology in Europe” (nowadays or now that companies/people disguise software patents as “blockchain” to bypass the rules). To quote:

Blockchain is a software-based technology. Computer programs appear in paragraph d) of art. 52, no. 2, of the European Patent Convention, 1973, as a subject which can not constitute an invention. However, in 2005 the European Patent Office (EPO) had already granted more than thirty thousand patents related to computer programs and currently computer-implemented inventions are the subject of approximately 35% of European patent applications.

The reason for this lies in the rule laid down in paragraph 3 of that Article, which provides that computer programs, as well as all matters referred to in paragraph 2, shall not be excluded from patentability unless ‘European patent application or European patent relates to such subject-matter or activities as such’.

The determination of the limits of the patentability of computer-implemented inventions in Europe is essentially the result of the decisions of the Technical Boards of Appeal (TBA) of the EPO and the interpretation thereof, of the relevant rules.

The EPO isn’t out of touch with the law only in the fraud and corruption sense (more on that later). It does not even obey its own rules, the national laws, international law, and the EPC. What kind of message is that supposed to send out?

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. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  2. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  3. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  4. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  5. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  6. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  7. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  8. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  9. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  10. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  11. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  12. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  13. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  14. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  15. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  16. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  17. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  18. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  19. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  20. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  21. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active



  22. New EPO Meme: Who Wants to Make Billions From a 'Public' Monopoly?

    What was supposed to be a cash-balanced patent office became a money-making monster that fakes ‘crises’ to attack hard-working examiners



  23. EmacsConf Without Richard Stallman

    Now that emacs is being 'rebranded' this kind of meme seems apt



  24. IRC Proceedings: Thursday, October 17, 2019

    IRC logs for Thursday, October 17, 2019



  25. Guest Article: In the Absence of Richard Stallman OEM Source Software ('Open Source') is Trying to Hijack Even Emacs

    "Now they have to create some fictional history. No need to worry."



  26. Guest Article: Techies Should Not Dictate the Free Software Movement

    "We should start a second phase of the Free software movement that's making good software and putting users at the center."



  27. Links 17/10/2019: Ubuntu Turns 15, New Codename Revealed, Ubuntu 19.10 is Out

    Links for the day



  28. Free as in Free Speech (Restrictions May Apply)

    When limits of speech are not safety-related rules but political correctness or conformism



  29. There Won't be Patent Justice Until Patent Trolling Becomes Completely and Totally Extinct

    SLAPP-like behaviour and extortion/blackmail tactics using patent monopolies are a stain on the patent system; it's time to adopt measures to stop these things once and for all, bearing in mind they're inherently antithetical to the goal/s of the patent system and therefore discourage public support for this whole system



  30. EPO Staff Union and Staff Representatives Ought to Demand EPO Stops Bullying Publishers and Censoring Their Sites

    An often neglected if not forgotten aspect of EPO tyranny is the war on information itself; EPO management continues to show hostility towards journalism and disdain for true information


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