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

06.24.18

Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

Posted in Europe, Patents at 2:52 am by Dr. Roy Schestowitz

Casado at UIMP (which gave an honorary doctorate to corrupt Battistelli)

CASADO at UIMP event

Summary: With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn’t pass muster in national courts)

THE EPO grants a lot of ‘foreign’ software patents. Foreign like in India, where such patents simply aren’t allowed (“per se”). India is renowned if not notorious for a low proportion of ‘domestic’ patents; it’s like the Indian patent office serves foreign companies (against Indian firms) more than the other way around — a fact that isn’t overlooked by the press. The same cannot be said about the USPTO because many companies (even foreign) operate inside the US.

“Such patents aren’t allowed at the EPO, at least in principle, but the EPO stopped obeying the law anyway.”The patent trolls’ lobby, IAM, has just quoted/paraphrased the EPO’s Vice-President Alberto Casado as saying that 43% of the applications the EPO now receives have a software element to them. Is Casado trying to justify tolerating software patents? It sure sounds like it. Such patents aren’t allowed at the EPO, at least in principle, but the EPO stopped obeying the law anyway. It’s corrupt and it routinely violates the EPC as though the EPC does not exist anymore. Another person quoted/paraphrased Casado as saying that Medical Technology is the first tech area of patent applications at the EPO but the top 1 applicant is… Huawei, from China!

Huawei has been rather aggressive with patents lately. Last night Florian Müller wrote about the case against Samsung, which has taken somewhat of a turn because Judge Orrick (District Court for the Northern District of California) “upholds Samsung’s anti-enforcement injunction against Huawei”. This is important because what’s at stake are nearly a billion computers (‘phones’, tablets etc.) and to quote Müller:

The fact that Samsung und Huawei are the world’s two leading Android device makers always lent some significance to their patent infringement dispute, but it wasn’t really too interesting to watch until the motion process that culminated in Samsung’s antisuit injunction, preventing Huawei from enforcing a couple of Chinese patent injunctions for the time being.

Huawei has since been trying to get rid of that decision, which prevents it from getting huge leverage in China in the shortest term. It asked Judge William H. Orrick of the United States District Court for the Northern District of California to revisit his decision, and it filed a Ninth Circuit appeal with the Federal Circuit. The latter then told Huawei: you can’t keep two courts busy in parallel with the same matter, so please wait for your California-based judge, then we’ll see.

Remember that it’s Huawei that started it, having initiated injunction (embargo) efforts.

“We should also note that a couple of days ago Amar Goussu Staub’s Louise Amar (Team UPC) repeated the famous lies about UPC, which is not starting at all!”Such efforts would be greatly simplified, Europe-wide, if the EPO kept issuing lousy patents and if the UPC (or anything like it) ever came into force. Thankfully, the UPC is stuck/dead, but the EPO keeps issuing bad patents — a subject raised both by examiners and stakeholders.

We should also note that a couple of days ago Amar Goussu Staub’s Louise Amar (Team UPC) repeated the famous lies about UPC, which is not starting at all!

See how she started her self-promotional ‘article’:

A few countries have recently geared up for the ratification of the UPC Agreement. Although the date of its entry into force is yet unknown it is hoped that the Unified Patent Court will start its operation before the UK leaves the EU. This means that the Unitary Patent may also become available before March 2019. Indeed, EU Regulations No 1257/2012 and No 1260/2012 entered into force on 20 January 2013 will apply from the date of entry into force of the UPC Agreement. However, the issue of the Unitary Supplementary Protection Certificate still has to be resolved.

Here we have the two famous lies again: 1) that the UPC will inevitably start within months and 2) the only question is, can the UK participate?

Both are patently false, but they believe that if they keep repeating it, then maybe they can somehow compel the German FCC to prematurely issue a decision on the constitutional complaint. But such is the antidemocratic, thuggish nature of Team UPC, which Louise Amar played a major role in.

Team UPC truly complements Team Battistelli; neither cares about the law, which they just make up as they go along.

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 26/4/2019: Best GNU/Linux Laptops and More

    Links for the day



  2. Research Into Who's Putting DRM Inside Linux

    Back doors may be hard to detect (requires understanding a lot of underlying code), but how about malicious 'features' or antifeatures that are put in the kernel to serve Hollywood at the expense of the kernel's users?



  3. "Dia da Liberdade" in Portugal -- Wilted Carnations in EPOnia

    "Reliable sources report that the discontent continues to simmer among the EPOnian peasantry and that the steam is slowly but inexorably building up inside the pressure cooker," tells us a guest writer



  4. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  5. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  6. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  7. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  8. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  9. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  10. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  11. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  12. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  13. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  14. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  15. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  16. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  17. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  18. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  19. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  20. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  21. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  22. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  23. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  24. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  25. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  26. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  27. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  28. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  29. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  30. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line


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