Bonum Certa Men Certa

Patents on Life and on Algorithms in Europe Will Doom the EPO

Santorini cat



Summary: The European Patent Office (EPO) wrongly assumes that just granting as many patents as possible -- irrespective of their merit and contribution (or lack thereof) to society -- will magically make itself sustainable in the long run

THE rapidly-declining (to meet 'targets') quality of patents granted by the EPO isn't really the fault of examiners but the rules which govern examination. We know who sets these rules; they're not examiners but a bunch of tyrannical maniacs, typically unqualified in the fields they decide on (more so under Battistelli because of his cronyism).

"The EPO quit pretending to have any respect for the EPC -- a fact which disturbs EPO insiders because that has a profound effect on their lives."Back when technical judges were under attack from Team Battistelli (the Boards of Appeal have never regained their independence since then) the EPO was granting patents on Carlsberg and Heineken beer. The EPO has not reversed this course of action but found a mere 'compromise', as reported yesterday:

The European Patent Office (EPO) has decided to restrict the scope of a patent it previously granted to beer manufacturers Carlsberg and Heineken for a specific strand of barley.


But that does not mean that the patent/s got eliminated. As another site put it yesterday:

The patent covered conventionally-bred barley, its usage in brewing and the resulting beer. The patent originally covered all plants with reduced content of some undesirable flavours. Now the patent is restricted to plants with a specific mutation which can influence the content of these flavours. This genetic variation is considered to be an invention despite being random and the plants being the result of conventional breeding. No Patents on Seeds! plans to appeal the decision and is demanding that politicians take action.

"This decision is only a partial success for us. Despite legally binding rules, the EPO continues to grant patents on plants derived from conventional breeding. In 2018, patents were granted on petroselinum, cichorium, melons, tomatoes and lettuce," says Erling Frederiksen for No Patents on Seeds! (Denmark). "As long as such patents are still being granted, we will continue to file oppositions."

In June 2018, No Patents on Seeds! called upon European politicians to take an active role against seed monopolies such as those created by the Bayer takeover of Monsanto. Member states of the EPO will once again be reminded of their continuing responsibility to protect the common good.


"This decision is only a partial success for us," they say. Because there are still patents on mere crops. Those are reminiscent if not related to GMO patents (Bayer/Monsanto no doubt pays attention), which are used to oppress poor farmers, controlling and 'owning' their food supply or ability to grow seeds/plants. Curiously enough, shortly after William New (head of IP Watch) met António Campinos and bragged about it in a public 'selfie' he came up with yesterday's puff piece about "Building Respect for IP Division" (a WIPO indoctrination campaign in Africa). Such WIPO agenda was also served by Frantzeska Papadopoulou just hours apart at IP Kat -- a blog in which UPC booster Eibhlin Vardy then promoted a software patents advocacy event of the EPO, entitled "Computer-Implemented Inventions" (CII, the EPO's favoured term for software patents in Europe). To quote:

Hosted by Queen Mary University of London at Kilburn & Strode's offices at Lacon London, the event involves presentations from the technical board of appeal responsible for examining appeals in the fields of computing and computer-implemented inventions. The board will present on recent case law developments and topics include "Debating the Line between Technical and Non-Technical Matter" and "Technical Contribution in a User Interface". Q&A and drinks to follow.

This is an unprecedented (if short notice) opportunity to meet the entire EPO computer-implemented inventions Board of Appeal.


The EPO quit pretending to have any respect for the EPC -- a fact which disturbs EPO insiders because that has a profound effect on their lives.

Yesterday IPPro Patents reporter Barney Dixon published this piece about new messages from Roberta Romano-Götsch, saying that these "reveal quality decline and ‘confuse’ staff..."

As a reminder, this is the same Romano-Götsch who recently liaised with patent extremists (Watchtroll) and lied about patent quality at the EPO. Honesty isn't her strength; she was close to VP Minnoye (she's part of Team Battistelli, close to Minnoye and Battistelli, having apparently drafted bogus letters in Battistelli's support, based on several independent sources). She spoke for the EPO's Team Battistelli amid scandals covered by Italian media and we have been told many negative things about her servitude to the worst abusers. In any event, this is what she says now, albeit internally:

New messages from the European Patent Office (EPO) in relation to production targets and quality are “confusing”, according to the Staff Union of the EPO (SUEPO).

Two emails, both from Roberta Romano-Götsch, COO Mobility and Mechatronics at the EPO, discussed production targets at the office.

The first, sent to directors and team managers in Mobility and Mechatronics, said that a recent decrease in production figures needs to stop.

She said: “If there is a general feeling that we can relax because the production has not become a priority, this is very naïf. We have a financial sustainability to secure and a rewards exercise coming up.”

“Please help me get the message right—we do not relax!”

[...]

Romano-Götsch said that the number of files checked per sector was too low to be able to have reliable data for Mobility and Mechatronics, but explained that she did “not want to wait for more quarters to take action”.

She explained: “I have asked Directorate Quality Audit about the areas of substantive examination where they see more frequently issues in Mobility and Mechatronics. This is the information I received: of the 75 non-conforming grants since January, 32 were considered to lack novelty—in many cases with respect to an X document is cited in the case. In 15 cases grants were considered in breach of Art 123(2), especially due to intermediate generalisation.”

Romano-Götsch added: “So: to reinforce the quality of grants, I ask you to explain in the votum why any document cited as X in the search report is not relevant anymore at the time of grant.”

“I am convinced that a well drafted votum allows you to have a final check on the patentability of your application. It is about content and not only form. We are also providing you with support on Art 123(2) through classroom training. The first ones are due in two weeks—no time to waste!

[...]

These latest emails from Romano-Götsch seem to provide contradictory information to the EPO's official statements on quality at the office, and confirm the suspicions of many, including that of German law firms Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner, that an “overreaching desire” for high productivity has led to a drop in quality and adequately assessed patents.

SUEPO says that these messages from Romano-Götsch are “confusing”.

[...]

According to SUEPO, this “relentless pressure” is “dangerous for the health, well-being and physical and professional integrity of staff, especially the weakest among our colleagues.”


"We have a financial sustainability to secure," said Romano-Götsch after Battistelli had sent millions of EPO euros to his other employer and tied hundreds of millions of euros to potentially toxic loans.

Corrupt management is killing the EPO. They try to enrich themselves while killing it.

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
200 This Week
Monday started with 40 articles/pages and this is #200
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock