11.06.18

Gemini version available ♊︎

The European Patent Office Lost Its Way, Found Buzzwords Instead

Posted in Europe, Patents at 7:24 am by Dr. Roy Schestowitz

Atlantic ocean

Summary: Patent leadership has been lost because quality has been abandoned; the only thing that Europe can nowadays take pride in is leadership in buzzwords like “4IR” and “AI”

THE European Patent Office (EPO) under António Campinos is a propaganda machine for software patents in Europe. Not a day goes by without the EPO promoting/advocating software patents ever so shamelessly.

Example from yesterday? Here’s one: “If you didn’t get the chance to attend the EPO’s conference on #patenting #artificialintelligence, you can read the highlights here: http://bit.ly/AIpatents”

“They never get tired of those stupid buzzwords, such as “AI”.”“AIpatents” is just a new (or newspeak) term for software patents.

IP Kat is now promoting (with “discounts” even) a lobbying event of large corporations looking to impose software patents on Free software and standards (those are not compatible). It’s happening next month (“held in London on 5 and 6 December 2018.”) and look who leads with obligatory buzzwords like “AI”:

The agenda tackles topics such as AI, Open Source, and the future of patents. Speakers include leading in-house authorities (eg, Nokia, Ericsson, and Cisco) external counsel, IP management experts, and members of the judiciary.

They never get tired of those stupid buzzwords, such as “AI”.

Yesterday we saw Watermark Intellectual Property’s Christian Schieber relying on paid placements of self-promotional puff pieces that piggyback news to attract clients (this one was titled “Patenting of Artificial Intelligence and Machine Learning at the European Patent Office”). We had seen a couple/several dozens like these earlier this autumn. They’re just googlebombing “EPO” and “AI”.

J A Kemp, which promotes patents on life (we mentioned this before), has just published this piece about WIPO (“EPO Joins WIPO”). The EPO and WIPO already have much in common when it becomes to lies, corruption and human rights abuses, so this collaboration is as natural as can be. So natural one might even get a patent on it (nature is patent-eligible now, right?). To quote: “With regard to this latter benefit, it is worth noting that the EPO has existing arrangements in place for exchange of priority applications with the US, Chinese, Japanese and Korean patent offices and those arrangements will remain in place notwithstanding the EPO joining DAS. Consequently, the EPO will continue to obtain automatically copies of US, Chinese, Japanese and Korean priority applications via its existing arrangements, even without a DAS access code being supplied. Likewise, if the priority application is a European patent application or PCT application filed at the EPO as receiving office, the EPO will automatically add a copy of that priority application to the file. Accordingly, it will be necessary to make use of the new DAS mechanism only if the “office of first filing” is not the European, US, Chinese, Japanese or Korean patent office. The new DAS mechanism is therefore likely to be most commonly used by European applicants who first-file at a participating European national office (e.g. the UK Intellectual Property Office), but will also be useful for some other applicants, such as Indian applicants who first-file at the Indian patent office.”

“They try hard to hide the sharp decline in patent quality.”Priority documents like these might only prove to be a burden/nuisance to already-overworked and hughly overburdened examiners; they lack time to properly assess applications and this is why many patents (like algorithms disguised as “AI”) get granted. It is really bad.

How about this press release from yesterday, alluding to the EPO Technical Board of Appeal (besieged by Office management), EPO Enlarged Board of Appeal, and EPO Opposition Division (under extremely heavy load, albeit predating Battistelli in this case)?

Litens Automotive Group is the proprietor of patented Smartsprocket® automotive timing drive components and systems. The Smartsprocket® technology enhances timing drive systems by counteracting camshaft torque pulses, resulting in reduced torsional vibration, reduced camshaft timing error and improved belt life. The technology has been utilized in dozens of engine platforms around the world.

[...]

Many attempts have been made by Gates and others to invalidate Smartsprocket® patents before European, German and Chinese authorities. Litens has successfully defended the Smartsprocket® patents in all instances, resulting in no changes to the originally granted claims. The validity decisions are listed below:

2018 May 29 – German Federal Supreme Court – case no. X ZR 51/16
2016 Feb 02 – German Federal Patent Court – case no. 4 Ni 29/14 (EP)
2013 May 29 – China Patent Reexamination Board – case no. 20785
2012 Oct 02 – EPO Enlarged Board of Appeal – case no. R 19/11
2011 Dec 18 – Beijing First Intermediate People’s Court – case no. (2011-1801)
2011 July 07 – EPO Technical Board of Appeal – case no. T 0248/10-3208
2011 Jan 20 – China Patent Reexamination Board – case no. 15956
2009 Nov 25 – EPO Opposition Division – European patent no. 1448916

Nowadays it’s a lot harder to reach the challenges (as above) because EPO management made it easier to dismiss, a lot more expensive, less independent and so on. They try hard to hide the sharp decline in patent quality.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  2. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  3. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  4. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  5. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  6. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  7. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  8. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  9. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  10. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  11. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  12. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  13. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  14. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  15. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  16. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  17. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  18. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  19. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  20. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  21. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  22. Links 22/10/2021: Global Encryption Day

    Links for the day



  23. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  24. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  25. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  26. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  27. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  28. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  29. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  30. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial


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