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

10.09.18

António Campinos Makes Excuses for Granting European Patents on Software in Spite of the EPC

Posted in Deception, Europe, Patents at 5:06 am by Dr. Roy Schestowitz

Empty rhetoric again from the ‘low-profile’ President in his third blog post (in more than 100 days)

EPO frame and shredder
Source

Summary: Continuing the horrid tradition of Battistelli, António Campinos sends patent quality — the one aspect which the EPO was once renowned for — down the drain (or down the shredder, for lack of a better and more timely metaphor)

THE quality of patents granted by the EPO used to be very high; examiners were given a lot of time to study applications and strictly assess every aspect; more than one examiner would deal with a given application, so there was opportunity for verification or peer review. Gone are those days because it’s all about “production” now, where “production” is directly harmed by the concept of quality control. What the Office nowadays calls “quality” is speed; by that definition, top quality would be INPI, i.e. immediate grant with no real scrutiny whatsoever.

“What the Office nowadays calls “quality” is speed; by that definition, top quality would be INPI, i.e. immediate grant with no real scrutiny whatsoever.”After being criticised for further lowering patent quality at the EPO António Campinos writes this fluff in Battistelli’s old blog (warning: epo.org link) — a blog which he hardly even touched. He again added an image of himself, the hallmark of Battistelli. As if it’s all about the person. I’ve almost never uploaded images of myself to articles in Techrights. Anyway, almost immediately the EPO promoted this blog post (as it had done for Battistelli, unlike for the site’s news section). And while António Campinos drones on about patent quality the EPO continues promoting software patents in defiance of the EPC. It does this on a daily basis and this latest example once again calls abstract patents “AI”. “Our Patenting #ArtificialIntelligence conference offered a discussion platform in view of the rapid evolution and spread of AI in the IP world,” it said yesterday.

In his blog post Campinos said that “later in December we are planning a conference on Blockchain to evaluate questions surrounding the patentability of this fast-evolving technology.”

Surely he knows these are software patents and hence fake patents. Software patents like these are null and void even in the US; they’re merely symbolic to actual courts. Here’s a new example from the news:

Chinese multinational conglomerate Alibaba has applied to patent a blockchain system with the U.S. Patent and Trademark Office. The system, as explained in the patent application filed Thursday, would allow an intervention in a smart contract — computer protocol intended to digitally facilitate or enforce negotiation of a contract — in case of illegal activity.

Blockchain has unique features — openness, unchangeability, and decentralization — but it does not integrate certain practical processes that are usually associated with real-life transactions. For instance, the patent application explains there is real life “administrative intervention” activity, like “when a user performs illegal activities, a court order may be executed to freeze the user’s account.” This kind of an intervention with smart contacts cannot be carried out in the existing blockchain systems.

This is pure software. It should be rejected.

Sadly, however, the EPO no longer even pretends that it objects to software patents. As noted in Mondaq yesterday (article by Caroline Day, Joseph Lenthall, Matthew Howell and Natasha Fairbairn from Haseltine Lake LLP), the EPO just goes ahead with “Computer Implemented Inventions” (i.e. software patents in Europe through the EPO, albeit by another name). To quote “New Guidelines For Examination At The EPO”:

The Guidelines for Examination at the EPO have been significantly revised with the updated version due to come into force on 1st November 2018. The revisions relate to Computer Implemented Inventions, Inventive Step assessment in Opposition, Unity and more.

Haseltine Lake LLP wrote about the soaring number of oppositions at the EPO only months ago. SUEPO amplified them at the time.

It seems to have become a battleground wherein many fake patents are being challenged by outsiders nowadays. They don’t like what’s happening, so oppositions are being filed. Mondaq also published the following yesterday, under the headline “New EPO Guidelines Clamp Down On Scatter Gun Inventive Step Attacks In Opposition Proceedings”; Joseph Lenthall from Haseltine Lake LLP wrote about the EPO trying to curb oppositions to fake patents (just what Battistelli wanted) using the new guidelines (Campinos):

The EPO’s problem-solution approach for assessing inventive step of a patent includes determining the “closest prior art” as the first of a three stage approach. The obviousness of the claimed invention is then determined starting from this document. The closest prior art, therefore, plays a pivotal role in the assessment of inventive step at the EPO.

The current revision to the relevant section of the EPO Guidelines aims to curb Opponents arguing that several documents can be considered the closest prior art and making several inventive step attacks, each starting from a different document. Understandably, Opposition Divisions tend to see such a scatter gun approach as procedurally inefficient, as well as creating more work to review and make a decision on these attacks.

The Guidelines therefore now state that application of the problem-solution approach starting from more than one prior art document as the closest prior art is only required where it has been convincingly shown that these documents are equally valid starting points.

In principle, this is a noble attempt to focus opposition proceedings and the avoid many of the weak attacks from Opponents. However, it is not clear that this addition will provide much procedural efficiency. In particular, the Guidelines imply that the Opposition Division need not consider inventive step attacks from close (but not the closest) prior art documents. We can therefore anticipate that arguments over the selection of the closest prior art may be more detailed both in written and oral proceedings.

If the EPO continues to drift in this same trajectory, it will go down the bin of history. A patent office that disregards the quality of patents will grant fake patents that courts will reject, harming legal certainty.

As noted by Campinos yesterday, they are “planning a conference on Blockchain” by which to legitimise software patents that are disguised using such glorified terms. A few days ago EPO officials had met and then bragged with WIPO (huge proponents of any kind of patents and also serial violators of human rights); the EPO pushed it again in Twitter (late yesterday), having added a group photo with Lutz in it. “EPO fosters international co-operation during WIPO Assemblies,” it said and Banana IP’s “IP News Center” (pushed as press release/blog into Google News) added: “The main focus areas of the co-operation plan will include areas of patent law and patent examination guidelines, examination quality, data exchange, classification, search tools and machine translation along with a joint study on Computer-implemented inventions.”

Yes, a “joint study on Computer-implemented inventions.” (software patents)

This is the pattern. They try to completely legitimise patents on algorithms. The EPC is dead.

The EPO under Campinos may not be seeing as many protests (not as many as before), but when it comes to patent quality it’s more of a cesspool than ever before.

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. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  2. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  3. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  4. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  5. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  6. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  7. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day



  8. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  9. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin



  10. Links 13/2/2019: Plasma 5.15.0 and a Look at Linux Mint Debian Edition Cindy

    Links for the day



  11. Battistelli's Bodyguard, Part II: Fishing Expedition for Sources in the Alexandre Benalla 'Underworld' Scandal

    An utter lack of respect for the privacy of the media and of its sources, in the name of protecting the privacy of those convicted of crimes, as seen in France just like the European Patent Office



  12. Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

    Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)



  13. Battistelli's Bodyguard, Part I: Destruction of Evidence by Alexandre Benalla

    The Alexandre Benalla scandal carries on, deepening even further than before and causing raids of the media; will the EPO be implicated and held accountable too?



  14. Links 12/2/2019: PyPy 7.0.0, HHVM 4.0.0 and CVE-2019-5736

    Links for the day



  15. USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

    The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law



  16. Gross Violations of the EPC at the European Patent Office as Principal Priority Turns Against Science and Technology

    What good is the law if violation of the European Patent Convention (EPC) is so routine at today’s European Patent Office (EPO), which exploits its immunity to operate outside the rule of law and pursue nothing but cash (selling patents/monopolies that are invalid in courts)?



  17. European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

    In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around



  18. Microsoft's Patent Trolls Are Still Suing Microsoft's Rivals to Help Sell Microsoft

    The ‘new’ Microsoft boils down to the patent equivalent of the copyright case of SCO (funded by Microsoft)



  19. The American Software Patents Lobby Has Died

    Voices of US law firms (i.e. patent maximalists) have become quieter and rarer; applications for US patents have decreased in number, patent litigation numbers have collapsed entirely, and patent maximalists have moved on



  20. Links 10/2/2019: Linux 5.0 RC6, Project Trident 18.12 Reviewed

    Links for the day



  21. Corrupt Battistelli Paid a Fortune (EPO Budget) for Outlaw/Rogue 'Bodyguards' From Firm Linked to Russian Oligarch Iskander Makhmudov

    Mediapart continues to shed more light on the shady firm behind Alexandre Benalla, whom Battistelli hired to break the law and secretly bring firearms to the EPO



  22. Which Microsoft?

    The inconsistencies between public statements of Microsoft and private discussions/actions



  23. António Campinos Will Never Hold Battistelli Accountable for His Crimes Because He Too Profits From These

    The EPO isn't just Europe's second-largest institution but also quite possibly Europe's largest criminal enterprise, whose ringleaders have enjoyed and exploited diplomatic immunity to escape prosecution



  24. 25,000 Blog Posts and Record Traffic

    At a pace of nearly 2,000 posts per year (since 2006) we continue to grow and can use readers' help



  25. Jim Zemlin's PAC Keeps Raising Money From Microsoft

    The Open Source Definition's author as well as various Free/Open Source software (FOSS) luminaries warn of an attack on FOSS ("efforts to undermine the integrity of open source”); it's not too hard to see who participates in it or enables such attacks



  26. Links 9/2/2019: Linux 4.4.174 and GTK+ No More (Now Just GTK)

    Links for the day



  27. Number of Patent Applications, Not Just Number of Patent Grants, Continues to Slide in the United States

    The attractiveness of US patents appears to have eroded, seeing that many US patents are simply not enforceable in courts



  28. EPO President Campinos Works With Patent Trolls and With Team UPC to Promote Software Patents

    The EPO has taken another tumble by collaborating with '4iP Council', a patent extremists' lobby; it is moreover becoming apparent that a lot of European Patents are bogus (not valid) and the management of the EPO is eager to grant yet more of these



  29. Links 8/2/2019: Things to Look For on Linux in 2019, Fedora Logo Redesign

    Links for the day



  30. Teff is Not an Invention. Teff is Nature.

    The absurdity of 'owning' nature or things that are found in nature (and can reproduce) demonstrated again in Europe


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