Bonum Certa Men Certa

EPO Corruption is Helping Patent Maximalists in the United States

They want software patents to return because they make money from litigation

A lifeline or orange lifesaver



Summary: The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have moved in opposite directions. One permits more abstract patents, whereas the other must disallow these (mainly because of courts' decisions).



"People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing."There were a couple of EPO tweets on Monday about "AI" and similar nonsense that António Campinos uses to usher in European software patents.

People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing.

Kluwer Patent Blog, where many concerns about patent quality have been raised, has just said : "What were the most popular articles of the Kluwer Patent Blog in 2018? A look at the list shows that – even more strongly than in previous years – one topic drew more readers than anything else: the functioning of European Patent Office."

"The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production')."IP Kat refuses to touch the subject (anymore); Team UPC, which is now in control of that blog, views EPO scandals as detrimental to its interests.

Jones Day's Alastair J. McCulloch, Christian Paul, Indradeep Bhattacharya and Roland J. Graf have just published "Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?"

This was mentioned a few weeks ago in some other blogs, including IP Kat. There are all sorts of 'artistic' ways to pursue abstract patents, e.g. making them seem physical ("on a car") or medical (as if they "save lives") and Watchtroll (US) had just exploited Roberta Romano-Götsch (EPO) to that end. She spoke to Watchtroll's Gene Quinn some months ago and prior to that she had worked exceptionally hard for Team Battistelli (thus she has negative reputation among EPO staff). She said they're "seeing an increase in applications from SMEs as well." How good are these applications? The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production').

"Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents."The worrying thing to us (because we're reducing focus on the US patent system) is that American patent maximalists are nowadays embracing this unhinged EPO (which shamefully breaks its own rules) to promote software patente even outside Europe (also against the rules).

Days ago we wrote about the latest 35 U.S.C. €§ 101 guidance with new spin like "computer implemented inventions." It was typically the EPO using this ridiculous term (along with "technical effect"), but now it spreads across the Atlantic. Yesterday, in "Daily Business Review", a rather bizarre suggestion was published, conflating/mixing one patent office with another:

Using EPO to Chase 'Alice' Out of the Rabbit Hole



The European Patent Office (EPO) issued guidelines for Nov. 1, 2018, that in many ways summarizes the direction and guidance of U.S. jurisprudence and USPTO policy for patent eligibility for computer implemented inventions. Much of the recent U.S. guidance evolves from the 2014 U.S. Supreme Court decision Alice v. CLS Bank International (573 U.S. 208) concerning a computer implemented electronic escrow service for facilitating financial transactions where the patent claims were found invalid as being drawn to an abstract idea. Patent ineligibility was found using a two-step process. The first step determines whether a patent claim is an abstract idea such as an algorithm or a method of computation. If the patent claim includes an abstract idea such as an algorithm, then the patent eligibility process must go to the second step and determine whether the patent claim adds “significantly more” to the idea that embodies an inventive concept. Although “significantly more” really does not provide much concrete guidance, the court did find that a mere instruction to implement an abstract idea on a computer or the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.

Since Alice, although a significant majority of cases reviewed by the Federal Circuit have found computer implemented inventions patent ineligible, the pendulum has started swinging slightly in the direction of eligibility by clarifying what they meant by “something more” with a few cases where patent eligibility was found. See Thales Visionix v. United States, Amdocs (Israel) v. Openet Telecom, McRO v. Bandai Namco Games America, Bascom Gobal Internet Services v. AT&T Mobility, Enfish v. Microsoft, DDR Holdings v. Hotels.com or Research Corporation Technologies v. Microsoft.


Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents.

IAM, which is based in Europe and constantly promotes software patents for patent trolls that pay its bills, has said: "Top five sectors for quantity of patent sales deals in the US, according to the latest data: (1) software; (2) electronics; (3) industrials; (4) medical; (5) semiconductors. Does demand for software patents indicate Alice trepidations lessening?"

“...I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101.”
      --Joshua Landau
Joshua Landau from the CCIA has just said (in response to the above): "Software was the top sector in 2017 and 2016 as well. So I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101."

The spin from IAM is expected; they're bound to ignore evidence about the harms of software patents as long as the sponsorship money demands so; for similar reasons they kept lying about UPC for a number of years, only to admit the lie/error about a week ago.

Recent Techrights' Posts

Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
 
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025