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

10.15.18

Corporate Media’s Failure to Cover Patents Properly and Our New Hosting Woes

Posted in Europe, Patents, Site News at 3:19 am by Dr. Roy Schestowitz

We can’t let these people get their way with patent maximalism and UPC

The three Frenchmen

Summary: A status update about EPO affairs and our Web host’s plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills

OUR USPTO coverage reached an unexpected halt last night at around 6PM. Our host is shutting down soon. He’s an old friend of mine who hosted the site as a favour for nearly a decade. Speaking to alternative hosts, it seems likely that our hosting costs would at least quadruple. It’s a painful experience. I barely slept; it’s hard to fall asleep. Certain readers, some of whom connected in one way or another to the EPO, expressed concern about the downtime (almost half a day). The problem is far broader than a downtime, caused by a routing issue among other things.

“This is scary and dangerous to the prospects of science and technology in Europe. It’s like patents take priority over facts. It should never be like this.”Techright is turning 12 in a few weeks. I’ve dedicated most of my adult life to this site. I’m not asking for sympathy, I just want to reaffirm and reassure to readers that the site has always been financially independent. That’s never going to change.

I can envision some readers asking questions like, what about “the cloud”? As if sending one’s blog to some private company can assure independence… there’s plenty of evidence to the contrary. There are many ways in which a centralised blogging platform censors those who participate, with a broadening brush by which they sweep away particular voices.

“The possibility of a deferred examination could therefore further improve the attractiveness of the French patent.”
      –Grégoire Desrousseaux and Thierry Lautier
Florian Müller‘s latest two articles, The new smartphone patents battlemap (infographic featuring Apple, Huawei, Intel, Qualcomm, Samsung) and Patent exhaustion keeps Qualcomm on the run from Apple’s claims and motions,” are as usual hosted by Google. Just before the weekend he wrote about a notorious European Patent of Qualcomm. He’s very supportive of our work covering the EPO (we’ve published nearly 3,000 articles about the EPO alone).

“Your server does not respond.”
      –Anonymous
Like we’ve said here several times since September, publishers are struggling, even the patent maximalists’. IAM, for example, went sort of ‘dark’, i.e. everything behind paywall, except pure commercials and intentional propaganda. As an example of the latter, see what turned up in Google News yesterday. IAM wrote this:

‘No deal’ Brexit may mean no UPC, says UK government – The United Kingdom government released a notice on the likely implications for patents in the event of a ‘no deal’ Brexit. Relevant EU legislation, such as that relating to Supplementary Protection Certificates for drugs, compulsory licences and the patenting of biotechnology innovations, will be retained in UK law under the EU Withdrawal Act 2018 in such a scenario, it reassures rights holders. Such legislation will form the basis of an independent UK patent regime in which existing rights and licences will automatically remain in force. No such certainty is provided regarding the prospective Unified Patent Court (UPC), however. If the pan-European court is fully ratified, but the UK leaves the EU without a deal, the country would not necessarily be part of the UPC or the unitary patent system, the government admitted. However, any unitary patents that exist at the point of the UK’s departure will automatically give rise to patent protection within the UK.

This repeated the two famous lies. Also published yesterday was this short blog post from Kluwer Patent Blog (they barely publish in long form anymore). It’s akin to the “shoot with patents first, ask questions later” attitude of UPC. Adrian Crespo wrote that (in Spain at least) “a defendant wishing to object to an injunction for invalidity reasons must put forth “very clear and evident indicia” of invalidity. For that reason, the Court of Appeal focused on a relatively straightforward objection on grounds of added matter.”

This is scary and dangerous to the prospects of science and technology in Europe. It’s like patents take priority over facts. It should never be like this.

Meanwhile, over at Mondaq, a French law firm that habitually promotes itself over there speaks of the EPO and INPI. Grégoire Desrousseaux and Thierry Lautier (August & Debouzy) compare one terrible patent office to another:

Incidentally, this would also allow the INPI to “smooth” the number of examination requests it will receive in the medium term, which would facilitate the implementation of the strengthened substantive examination and the opposition procedure, while maintaining sufficiently short deadlines (which is a decisive parameter for the attractiveness of the French system).

The possibility of a deferred examination could therefore further improve the attractiveness of the French patent.

It is widely known that INPI doesn’t really assess quality of patent applications; they’re presumed valid. Imagine what the UPC would look like if the French-led UPC ever went ahead, possibly with Battistelli as its chief. France has been reserved a leadership position, the EPO promotes this, its current President is French and in two decades it’s like France clings onto power at the EPO for 16 years.

We are open to ideas as to how sponsor the hosting costs for the server; I don’t wish to be paid for my writings about the EPO (by anyone), but the costs of underlying infrastructure may need coverage. I spend over 80 hours per week on the sites (not including my daytime job). Things aren’t sustainable and we need to keep watching the affairs of the EPO and patent scope in general. There’s too much at stake.

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. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  2. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  3. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  4. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  5. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  6. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  7. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  8. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  9. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  10. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  11. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  12. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  13. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  14. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  15. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  16. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  17. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  18. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  19. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  20. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  21. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  22. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  23. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  24. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  25. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  26. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  27. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  28. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  29. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  30. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)


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