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

05.27.18

Software Patents Advocacy and UPC Lies Go Hand in Hand

Posted in Deception, Europe, Patents at 7:23 am by Dr. Roy Schestowitz

Hand in Hand

Summary: The push for UPC, which accompanies the lobby for software patents in Europe, is still based on a large pile of lies and false projections of commencement

Has crooked Benoît Battistelli corrupted enough European/French media at the expense of EPO users (stakeholders, applicants) for this media to ignore his serious abuses of the law if not overt corruption? In a new article from AFP (France), mentioning Battistelli and António Campinos (the two Frenchmen who are friends), we are seeing little more than classic talking points and even lies. “Brevet unitaire européen: l’OEB est prêt, assure son président” is the headline and is has been cross-posted by various French-speaking sites, e.g. [1, 2].

“Where are the European authorities/authoritarians? Where are all the French politicians? When will they understand that the EPO under Battistelli has become an enormous liability for their reputation?”The EPO has become a loose monster, totally out of control and without anything that resembles accountability, let alone oversight. The EPO has long misused its budget to corrupt/pay/bribe the media, to corrupt academia, to pay for illegal spying and to hire several law firms to bully yours truly among other critics.

Where are the European authorities/authoritarians? Where are all the French politicians? When will they understand that the EPO under Battistelli has become an enormous liability for their reputation? The UPC is an EU thing, unlike the EPO. It cannot go on like this; it’s highly damaging to Europe. A couple of days ago europa.eu published this programme from the Competitiveness Council (due to start tomorrow). See the part which says:

Any other business: (not in public session)
- Unitary Patent and Unified Patent Court

Is the EU hiding the fact that it promotes a ruinous conspiracy of law firms eager to shatter the European industry for the sake of legal bills? Will they listen to/learn why Spain, one of the largest EU economies, refuses to participate in UPC?

Apparently not…

“Will they listen to/learn why Spain, one of the largest EU economies, refuses to participate in UPC?”Going a little further back in time, we’re seeing Team UPC publicly promoting the lie that the UK is ready to participate (it cannot!) and articles that we missed at the time include this one from Roger Green (Watermark Intellectual Property), another one from WilmerHale (also published in the same lawyers’ sites at the time), and even this from ElectronicsWeekly (odd place to find such a thing). “Unitary Patents almost a reality,” says one headline. That’s untrue.

An article by Tim Wilson of Dehns (part of Team UPC) was published a couple of days ago under the title “The Value Of Patenting Software Innovation” (the overlap between UPC boosters and software patents lobbyists has been noted here for over half a decade). To quote Wilson:

Software is a relative new-comer to the patent arena. Over the last few decades, government patent offices have struggled to decide how to deal with software patents. There is a widely-held view that software simply can’t be patented, particularly in Europe. Fortunately, this is not at all correct: the right type of software innovation can most certainly be patented in all the world’s major patent offices.

Dehns Partner, Tim Wilson, recently hosted a seminar on this topic and provided strategies for maximising the prospects of getting a software patent successfully granted. Below is a summary of key points from the seminar, as well as examples of a few questions that came up.

“Yetserday IP Kat‘s Tian Lu promoted the lobbying event of patent extremists under the wing of the leading software patents lobbyist, the Intellectual Property Owners Association (IPO).”Also a couple of days ago there was this article by Charles Bond and John Coldham (Gowling WLG) about the Court of Justice of the European Union (CJEU), which Team UPC often relates to UPC, pretending that Brexit is somehow — miraculously enough — still compatible with UPC (it’s not).

Yetserday IP Kat‘s Tian Lu promoted the lobbying event of patent extremists under the wing of the leading software patents lobbyist, the Intellectual Property Owners Association (IPO). IPO’s 2018 European Practice Committee Conference, based on this first part of two, is a total farce. It’s also farcical based on who’s attending. No balance at all. They’re lobbying on 35 U.S.C. § 101, against PTAB, for software patents etc. Does Lu realise what (or whose) agenda she’s promoting?

“It cannot be stressed strongly enough that UPC would be a Trojan horse by which to bypass national laws forbidding software patents; Team UPC knows that and it’s one among many reasons it lobbies so hard for the UPC, oftentimes making up false statements in the process.”“On May 3rd,” she wrote, “the 2018 European Practice Committee Conference organized by IPO’s European Practice Committee took place at InterContinental Amstel Amsterdam, the much-loved landmark on the Amstel River banks with more than 150 years of elegance.”

A couple of days ago we also found this new “Newsletter” about Italy. “Software is not patentable in and of itself,” it says, but then it names the EPO’s tricks for bypassing the rule:

Software is not patentable in and of itself, as under Article 45 of the Industrial Property Code (and the corresponding Article 52 of the European Patent Convention) it belongs to a group of innovations that “are not considered as inventions”. As a result, a piece of software’s source code and its external appearance on a computer screen, rather than the ideas behind them, can be protected by copyright. However, Article 45 of the Industrial Property Code specifies that this scenario applies only if the software is “considered as such”. If the software is used in a new and inventive way to solve a technical problem that goes beyond the mere operation of the computer on which it is installed or in particular, is used to operate a machine or a system external to the computer (eg, a lighting system), it becomes patentable.

Further, when an invention consists of a concrete (and not purely abstract) scheme of links that allows a computer system to operate, this scheme becomes patentable. The European Patent Office guidelines state that:

“if the claim specifies computers, computer networks or other conventional programmable apparatus, a program therefor, or a storage medium carrying the program, for executing at least some steps of a scheme, it may comprise a mix of technical and non-technical features, with the technical features directed to a computer or a comparable programmed device. In these cases, the claim is to be examined as a ‘computer-implemented invention.”

Such a scheme is patentable under the usual conditions for all inventions – namely, where it is new, inventive, lawful, susceptible to industrial application and described in a way that allows an expert in the field to implement it. Italian case law has long recognised the validity of computer-implemented inventions. The landmark case in this regard is a 2004 decision regarding an online system for the rental of holiday homes by means of special software.

It cannot be stressed strongly enough that UPC would be a Trojan horse by which to bypass national laws forbidding software patents; Team UPC knows that and it’s one among many reasons it lobbies so hard for the UPC, oftentimes making up false statements in the process. Why is the media so silent about that? We have a rough idea.

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 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  2. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  3. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  4. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  5. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  6. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  7. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  8. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  9. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  10. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  11. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  12. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  13. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  14. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  15. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  16. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  17. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  18. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  19. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  20. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  21. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  22. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  23. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  24. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  25. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  26. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  27. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  28. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  29. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  30. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    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