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

10.08.18

When It Comes to Patent Quality António Campinos Might be Even Worse Than Benoît Battistelli

Posted in Europe, Patents at 1:42 am by Dr. Roy Schestowitz

Scraping the bottom of the barrel to fake ‘growth’ (number of patents, not innovation or market expansion)

António Campinos as wolf
António Campinos in sheep clothing

Summary: The lack of genuine interest in the quality of European Patents is perhaps a greater threat to the whole of Europe — if not the whole world — than well-documented human rights abuses and corruption inside the Office; António Campinos has shown no interest in improving patent quality as he denies such a problem even exists and he reduces transparency

THE promotion of software patents in Europe by the EPO is something that has definitely increased under António Campinos. We wrote about this many times before. The difference is very notable. Never under Battistelli was such promotion of software patents in Europe so frequent.

“Never under Battistelli was such promotion of software patents in Europe so frequent.”Last night Kluwer Patent Blog anonymously published this piece about “the first hundred days of EPO president António Campinos” and to quote some bits from it:

Despite the positive signs in the first hundred days, it is clear that Campinos will still have to show what his ambitions and abilities are. This blogger found it was very hard to get information from EPO employees. Under Article 19 of the Service Regulations, they don’t feel free to say anything about their work because it can lead to all kinds of sanctions. The climate of fear has not disappeared. It means that despite the new president’s invitation to speak out, people may be reluctant to do so.

In this respect: it seemed such an improvement that the president opened his blogposts for comments. But not one single reaction has appeared online. This cannot be because nobody has an opinion about the EPO, can it? It would certainly help Campinos’ ambition to hear what people have to say about his organisation, if comments were published below his blogposts or, at least, it was clear what happens with them.

[...]

A very questionable case which is still pending as well concerns Patrick Corcoran, an Irish board of appeal member who was suspended in December 2014 on suspicion of having distributed defamatory material about the EPO upper management. No less than three and a half years later the ILOAT ruled that Corcoran should be immediately reinstated in his former post (see here and here) and the Landgericht München acquitted Mr. Corcoran of all charges. However, as his term at the Boards of Appeal was almost over and was not extended by the Administrative Council, Mr. Corcoran was effectively hindered to resume his work as an appeal board member and was demoted to become examiner again. On top of that, Battistelli decided to have Corcoran transferred to another specially created post in The Hague, where the judge had never lived, which meant one additional significant and unwarranted hardship for him.

These cases are widely considered as a darker part of the legacy of former EPO president Benoit Battistelli. If António Campinos deals with these in a way which is seen as appropriate and correct, this will certainly strengthen the cautiously positive first impression the new EPO president made in his first hundred days.

There’s no doubt that when it comes to staff relations, at the very least, Campinos has been vastly better than Battistelli. That’s because he hasn’t done or even said that much. Campinos has thus been no worse than a lamppost, either. In that regard, transparency at the EPO actually decreased under Campinos and layoffs aren’t being talked about (not even the longterm hiring freeze). There’s not much of a dialogue or a communications channel. It took Campinos several months to just meet staff representatives. Campinos believes that in order to avoid conflict he needs to avoid talking or, failing that, he should 'politely' gag those who speak out. It’s called “soft power”; he’s a “brutal(ly honest) gentleman”. Like the leadership of China, which employs very similar tricks (reducing transparency and quelling dissent proactively)…

“There’s no doubt that when it comes to staff relations, at the very least, Campinos has been vastly better than Battistelli. That’s because he hasn’t done or even said that much.”Speaking of China and patent quality, mind Sunday’s post from Watchtroll’s Paul Morinville about his software patents, which the US gave up on (unlike China, which explicitly permits these). “In recent years,” he claimed, “the U.S. government has gutted the U.S. patent system. For small inventors like me, the U.S. patent system no longer works. There are no longer contingent fee attorneys or Angel investors willing to fund startups, so my patents and the patents of so many like me just languish. And since patents are a wasting asset, the clock runs on the patent’s term, which eventually make even breakthrough and groundbreaking patented innovations completely worthless.”

He’s just complaining because his patents are software patents. Those weren’t of value anyway; the USPTO should never have granted these.

Unfortunately, under Campinos, buzzwords like “AI” or “4IR” are being publicly boasted as means by which to patent software. Every seemingly-clever algorithms can be ‘dressed up’ as “AI”, so it’s clearly just a loophole they’re creating. Even patents on life itself are being granted under Campinos. He has done nothing on the matter. Nothing.

“This is just wrong as it perpetuates patent maximalism and greed rather than justice.”Remember a firm called Asha Nutrition/person called Urvashi Bhagat at the EPO? This was recalled in relation to PTAB quite recently and four days ago Watchtroll entertained the person; Watchtroll says “Denying Patents on Discoveries Puts Public Health at Risk” (the headline), but patenting things that are required to save lives denies/limits access to those, putting far more lives at risk. Very shallow spin. Harvard, we might add, bragged about patenting life itself a few days ago. As for the EPO, it recently (earlier this month) dealt with patents on barley/beer. It didn’t invalidate these patents. Remember that, in light of the above-mentioned Patrick Corcoran affair, Campinos has done absolutely nothing to restore the independence of the Boards of Appeal; they’re still at his mercy as Office President. This is just wrong as it perpetuates patent maximalism and greed rather than justice.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day



  2. The Downfall of Free Software Leaders (and Their Projects or Missions)

    "Cancel George Orwell, and happy hacking."



  3. IRC Proceedings: Sunday, October 25, 2020

    IRC logs for Sunday, October 25, 2020



  4. Links 25/10/2020: Kodi 18.9, ScummVM Android Love, Cutelyst 2.13

    Links for the day



  5. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  6. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."



  7. 'President Bill Gates' Wants to Punish Not Only Google After Using “Extensions” to the Web to Reinforce Microsoft's Monopoly (Antitrust Violations Are a Microsoft Thing)

    In gross distortion of facts and of history and in a rather incredible fashion (very shameless and insulting) the corporate media tries to paint Bill Gates as an antitrust hero that will save the world from monopolies



  8. Donald Trump Helped Bill Gates Increase His Wealth by More Than 50%, Especially During the Pandemic

    Contrary to ridiculous narratives disseminated by nutty accounts all around the Web, Gates and Trump are no foes but 'partners in crime'



  9. Our 14th Birthday is Coming

    We're turning 14 shortly and we need ideas from readers (things that can be done to mark the event and celebrate 'on-line')



  10. In Spite of IBM's Difficult Past and Particularly Dark History, Under Arvind Krishna’s Leadership It Has Only Shown Signs of Improving

    This winter, 6 months after Arvind Krishna’s tenure as CEO began, we can generally say that things seem to have improved and we look forward to further improvements



  11. Links 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  12. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



  13. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  14. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  15. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  16. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  17. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  18. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  19. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  20. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  21. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  22. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    Links for the day



  23. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



  24. Links 23/10/2020: 'Groovy Gorilla' Everywhere in the News

    Links for the day



  25. For Better 'Tech Rights' in the United States (and the World at Large) the 'Orange Man' Needs to Go

    With less than a fortnight before election day we explain our stance from a purely tech-related rationale



  26. [Meme] Microsoft Never 'Brought' Skype to GNU/Linux (It Just Bought Skype) and It Never 'Brought' Edge to GNU/Linux Either (Google Did)

    Foolish media or gullible 'journalists' are giving Microsoft credit for other people's work; this isn't the first time either, but it helps perpetuate lies such as "Microsoft loves Linux" (so who cares about facts anyway?)



  27. It's Going to be a Long, Long Winter

    Today we revert back to lock-down mode; we're reflecting and pondering what comes next



  28. TechRadar is an Irresponsible Clickbait and Misinformation Site Disguised as 'News'

    TechRadar is no tech and no radar, either. It's just an opportunistic click-harvesting machine, disguised as a source of "news"; today we deal with the latest example (among many).



  29. Links 22/10/2020: LibreOffice 6.4.7, Septor 2020.5, Ubuntu 20.10 Released, FreeBSD Quarterly Status Report

    Links for the day



  30. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020


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