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

01.29.19

The EPO Continues to Grant Software Patents Even Though Many European Patents Are Being Invalidated Already

Posted in Europe, IBM, Patents, Red Hat at 9:18 am by Dr. Roy Schestowitz

The legal certainty associated with European Patents is rapidly ending

USS EPO

Summary: “Strong patents aligned with a company’s products help secure exclusivity in core markets,” the EPO wrote yesterday. The EPO, however, is no longer a place for strong patents (certainly not anymore) because its patents are of low value, low legal certainty, and work is poorly researched (examiners not given sufficient time to do the work properly); the EPO just lowers the bar and violates the EPC in the process, hoping to replace the courts so as to mask this gross violation

LAST WEEK we gave almost a handful of new examples wherein European Patents, granted by the European Patent Office (EPO), were thrown out by courts, including the highest British court. The new President doesn’t seem to care. To the credit of the EPO’s examiners, some of them also threw out patents after oppositions; but they, like the appeals’ processors (not the same thing), do not enjoy independence from this President and they’re grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly).

GenomeWeb has another new reminder that patent quality suffers. Even the EPO itself can admit this:

The European Patent Office has revoked a patent held by Pacific Biosciences, the company’s rival Oxford Nanopore Technologies said today.

Oxford Nanopore had challenged the validity of the patent, EP3045542, titled “Methods for nucleic acid sequencing,” which was granted in 2016.

2016 means under Battistelli at the height of all the scandals.

“To the credit of the EPO’s examiners, some of them also threw out patents after oppositions; but they, like the appeals’ processors (not the same thing), do not enjoy independence from this President and they’re grossly understaffed for these respective tasks because the number of oppositions has soared and the number of appeals reportedly reached about 10,000 (the backlog for a few dozen people to handle while the pile grows quickly).”At the turn of the new year I was personally alarmed to learn just how bad things had become at the EPO. And almost nobody talks about, certainly not the corporate media. I decided to throw aside coverage of American affairs in favour of EPO stories (this is the fourth one so far today). The newly-confirmed buyer of Red Hat, IBM, is pushing for "AI" patents in Europe — the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament. Less than a day ago Patent Docs advertised for the patent extremists at the Intellectual Property Owners Association (IPO), notably backed by IBM (with a dedicated “task force” for software patents), who prop up the Berkheimer lie. Among the bulletpoints there: “Finjan, Inc. v. Juniper Network, Inc. (N.D. Cal.), where the court ordered the section 101 invalidity defense be decided at trial, but the ultimate jury instructions and verdict form did not address Section 101″ (this horrendous patent troll has USPTO-granted patents passed to it by IBM).

“The newly-confirmed buyer of Red Hat, IBM, is pushing for “AI” patents in Europe — the very opposite of what Red Hat did around 2005 when the relevant directive was debated in Parliament.”Also less than a day ago Watchtroll published an interview with “Mark Ringes, Vice President and Assistant General Counsel for IBM, and Manny Schecter, Chief Patent Counsel for IBM” — an interview in which they’re denying that patent trolls are a problem (“just noise” is what they say) because IBM itself acts like a patent troll. They now bring that very same agenda to Europe. The same patent maximalists’ site that recently revealed IBM proudly promotes this “AI” agenda in Europe (algorithms as “AI”) has caught the eye of FFII. “It is a computer program,” FFII’s Benjamin Henrion wrote yesterday, alluding to this text: “Which is a problem for AI patentability because the technology is seen by some as pure mathematical methods and nothing else.”

Henrion had also taken note of some new event [1, 2, 3] about “AI” patents. “Here’s what you need to deliver as inputs for your patent attorney to protect an AI-related invention,” one tweet said, along with Bastian Best “discussing levels of abstraction for patenting AI-related inventions #AMLD2019. He even prepared a 20-page document describing how to write the perfect invention disclosure report.”

“So highly successful European/French software projects — this one with over 3 billion downloads — are at risk due to software patents.”Best is still promoting software patents (in Europe) as he has done for like a decade (even picking a Twitter username to that effect, “swpat”). Another person was “discussing EPO practice wrt AI-related inventions…”

These are all just patents on algorithms — clearly in defiance of the EPC. Courts would not accept these.

“VLC is constantly receiving patent threat letters,” Henrion wrote, “ignoring them for now, and the UPC will change the whole EU situation, French courts won’t have to power to reject EPO software patents anymore…”

So highly successful European/French software projects — this one with over 3 billion downloads — are at risk due to software patents. They’re being threatened in Europe and patent attorneys (like the ones above, boosters of “AI” patents) typically also lobby for the UPC, in an effort to bypass national courts.

As of yesterday, the EPO carries on with the usual, promoting illegal software patents using hype waves like "blockchain" (just software basically). It wrote this: “What does the future of #blockchain and its impact look like?”

“The more software patents the EPO grants, the worse its reputation will get.”Crowell & Moring LLP’s Kristof Roox, Geert Bogaert, Steven Verbeke and Linh Truong have just written about another (albeit similar) trick for legitimising software on computer vision (software and mathematics, geometry), citing the “European Patent Office’s Study on Patent Applications for Self-Driving Vehicles Technologies in Europe”. They all push for patents on algorithms by calling these something else, typically ‘hot’ and ‘trendy’ acronyms that circulate in the media (perpetuating the concept of them being ‘innovative’).

Yet another conference pushing software patents in Europe was advertised at the start of this week, with the press release saying “Patent Protection for Software-Related Inventions in Europe and the USA”, then elaborating with “Examples and approaches for protecting software and computer-related innovations, taking into account the unique requirements in the US and Europe…”

Then came another with the same title. The more software patents the EPO grants, the worse its reputation will get.

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. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  2. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  3. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  4. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  5. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  6. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  7. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  8. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  9. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  10. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  11. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  12. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  13. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  14. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  15. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  16. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  17. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  18. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  19. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  20. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  21. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  22. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  23. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  24. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  25. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    Links for the day



  26. The Problem Isn't Women or Minorities in Free Software But Particular Corporations That Exploit or Steer or Hijack Their Agenda

    If technical issues are being disguised using colours and genders (among other things), then it's important to highlight who's behind it (what company/ies) rather than fling back insults at people because it makes things worse



  27. There's No Such Thing as Cloud Computing, Serverless and All That Other Nonsense

    Buzzwords. Confronted.



  28. Linux is Doing 'Well' Only for Those Who Dislike Software Freedom and Love Control Over Users

    Linux, the kernel, has become a corporate playground or a sandbox that's used to upsell proprietary software, including surveillance; freedom in Linux is gradually being diminished if not completely obliterated and it does not worry the foundations entrusted to guard against it



  29. Consultation About Direction and Future Focus for Techrights

    We invite ideas and recommendations for the future of the site, notably which topics and aspects are worth covering as a matter of higher priority



  30. European Media Continues to Ignore the EPO Crisis While Law Firms and EPO Management Cover Things Up

    The EPO crisis silently deepens because serious problems are lied about, not acknowledged, and the legitimacy of European Patents is greatly diminished, not to mention the EPO's ability to attract talent


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