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

11.15.18

Ignoring and Bashing Courts: Is This the Future of Patent Offices in the West?

Posted in America, Australia, Courtroom, Europe, IBM, Patents, Red Hat at 11:03 am by Dr. Roy Schestowitz

President Battistelli went as far as publicly attacking and threatening judges — the hallmark of President Donald Trump

Trump and Iancu

Summary: Andrei Iancu, who is trying to water down 35 U.S.C. § 101 while Trump ‘waters down’ SCOTUS (which delivered Alice), isn’t alone; António Campinos, the new President of the EPO, is constantly promoting software patents (which European courts reject, citing the EPC) and even Australia’s litigation ‘industry’ is dissenting against Australian courts that stubbornly reject software patents

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have been granting software patents in spite of 35 U.S.C. § 101 and in spite of software patents in Europe being de facto banned (bar loopholes that António Campinos is happy to exploit and even expand).

“This merely lowers confidence in US patents and, accordingly, lowers their collective worth.”Mr. Iancu, the ‘American Battistelli’, will soon be a speaker at the IP Awareness Summit (IPAS), which is an indoctrination/lobbying campaign set up by parasites who cause as much litigation as possible, making themselves ‘necessary’. IPAS is promoted by various sites of patent lawyers this week. Here’s one that takes note of Iancu’s participation:

US Under Secretary of Commerce for Intellectual Property and Director of the US Patent and Trademark Office (USPTO), Andrei Iancu, will speak at the event.

Looking at the past week’s news regarding software patents, we can’t help but notice that the Andrei Iancu-led Office is again issuing fake patents or software patents that courts would almost certainly reject. They just never learn, do they? This merely lowers confidence in US patents and, accordingly, lowers their collective worth. Here’s a new press release about a new patent grant on how to “correlate across static analysis so that development teams can fix one bug, push this fix down the line, and seamlessly remediate multiple vulnerabilities within the code.”

“Looking at the past week’s news regarding software patents, we can’t help but notice that the Andrei Iancu-led Office is again issuing fake patents or software patents that courts would almost certainly reject.”How is that not a software patent? IBM, we should probably add, is still patenting software. Red Hat’s takeover is not looking good in light of IBM’s software patents policy, which remains unchanged. IBM’s software patents (or filings thereof) on management of patents have gotten a ton of press coverage; earlier this week there were over a dozen articles like [1, 2, 3, 4, 5, 6, 7, 8], probably because of the “Blockchain” factor alone. The patent trolls’ lobby (IAM) thinks that IBM will use/adopt Red Hat patents in the usual ways (IBM is a longtime patent bully). “The open source business’s portfolio is not big,” IAM wrote about Red Hat’s patents, “but should bolster Big Blue’s attempts to bridge the gap with Amazon, Google and Microsoft in a space that is rapidly growing in importance.”

Red Hat should never have pursued software patents in the first place; now all these patents are at the hands of the corporation that lobbies the most for software patents. We warned about it. Some Red Hat employees even sympathised with our warnings.

“Red Hat should never have pursued software patents in the first place; now all these patents are at the hands of the corporation that lobbies the most for software patents.”Over at the EPO the situation isn’t so promising either because earlier today the EPO once again promoted (as usual) software patents using hype waves (like “Blockchain”). “This conference will explore the IP protection & patenting of #blockchain technology and of its applications in different technical fields,” it said. It’s about software patents. It also did the usual “SDV” thing, writing: “European patent applications related to autonomous driving have grown 20 times faster than those across all technologies.”

Many of those are software patents pertaining to algorithms running on a computer inside a car. The EPO hopes that by emphasising “cars” it’ll successfully make such algorithms look/sound “physical” or “technical” or whatever.

We should probably mention, at least as a side-/sub-note, that SUEPO has removed yesterday’s post about USF (covered in this post of ours). Did the EPO under António Campinos once again threaten them? It happened before. If someone with contacts/connections to SUEPO can ask them why they removed that page and then tell us, we’ll appreciate it. If SUEPO was forced to remove links about unions, there would be something poetic about it (like censorship of information about censorship).

“It is noteworthy that in some of the largest “Western” economies (we recognise that Australia isn’t in the West, but it’s heavily influenced by the Western ‘bloc’) the courts say “no!” to software patents, yet the only ones complaining about that are those who profit from litigation.”Last but not least, posted behind paywall today was this piece titled “Computer Software Inventions Patentability Case Has Got IPTA’s Patents in a Bunch” (slang). It says: “A high profile appeal to the Full Court of the Federal Court of Australia about the patentability of computer inventions could reset the IPTA’s bar on the…”

As a reminder, the Australian legal system nowadays rejects software patents (see our wiki under Australia), so Macpherson Kelley’s Mark Metzeling and Mitchell Willocks (i.e. the patent litigation ‘industry’) keep bashing courts etc. to promote bogus patents and IPTA's clients. It is noteworthy that in some of the largest “Western” economies (we recognise that Australia isn’t in the West, but it’s heavily influenced by the Western ‘bloc’) the courts say “no!” to software patents, yet the only ones complaining about that are those who profit from litigation. They occasionally smear judges and courts (we find new examples every week).

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. Patent Maximalists Refuse to Accept That Their War on Patent Quality Also Dooms a Pan-European Patent Court System

    The EPO‘s embrace of patent maximalists’ agenda, which necessarily means significant decreases in patent quality (and deviation/departure from the EPC), dooms patent certainty; it also, however, dooms the Unitary Patent (UPC) because an extension of this rogue regime to the court system won’t be tolerated



  2. Links 24/8/2019: Wayland’s Weston 7.0 and More

    Links for the day



  3. Outsourcing to Microsoft and Openwashing as a Service (OaaS): This is the Linux Foundation in 2019

    The concept of "Open" at the Linux Foundation gives room for thought; are things really being opened or mostly marketed as "Open" and, if so, is the Foundation more like a marketing agency?



  4. Links 23/8/2019: Wine 4.0.2 Released, Removing Qt 4 From Ubuntu

    Links for the day



  5. Links 22/8/2019: KDE ISO Image Writer, GNU Parallel ‘Jesper Svarre’

    Links for the day



  6. Guarding and Rescuing the FSF Titanic: A Free (as in Freedom) Library, and Federation of Advocates

    "This library is not just for cultural works, but also for software."



  7. Linux Foundation's Linux.com in 2019: Zero Articles (Nothing Original) and a Terrible, Rookie New Design

    Linux.com has become a curated syndicator of news (edited by one single Microsoft proponent); the site has also eliminated its traditional design in favour of something only 'hipsters' can appreciate



  8. Managing IP as Team UPC's Megaphone and Lobbying Front

    Managing IP is lying on behalf of Team UPC yet again; the site's long history promoting the UPC hasn't ended even when prospects of the UPC are slim to none



  9. No More Rights for EPO Staff?

    The oppression and the crackdown on labour rights in Europe's second-largest institution has deepened to the point where staff is paid as little as is legally possible



  10. Links 22/8/2019: GNOME 3.33.91, Systemd 243 RC2, Cockpit 201, Ubuntu Touch OTA-10, FreeIPMI 1.6.4

    Links for the day



  11. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  12. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  13. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  14. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  15. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  16. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  17. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  18. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  19. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  20. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  21. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  22. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  23. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  24. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  25. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  26. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  27. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  28. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  29. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  30. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm


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