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

02.09.19

EPO President Campinos Works With Patent Trolls and With Team UPC to Promote Software Patents

Posted in Europe, Patents at 11:17 am by Dr. Roy Schestowitz

Lowering patent quality for the litigation ‘industry’ that profits from it proportionally (at the public’s expense)

4iP Council

Summary: The EPO has taken another tumble by collaborating with ’4iP Council’, a patent extremists’ lobby; it is moreover becoming apparent that a lot of European Patents are bogus (not valid) and the management of the EPO is eager to grant yet more of these

ANOTHER week has ended and it ended no better than most. The European Patent Office (EPO) continues to show signs that it’s unwilling if not unable to change. It’s just succession of Plan Battistelli, courtesy of his fellow Frenchman and old friend António Campinos.

“It gives us neither comfort nor solace to see the EPO retweeting ’4iP Council’ on Friday (yesterday). They’re part of the propaganda mill of Team UPC, of patent trolls and of litigators…”We would really, really love to see genuine change/difference; so far what we’ve seen is more advocacy for software patents in Europe than under Battistelli. We’ve also seen more staff reductions. Will the EPO be running out of staff? Can their examination division be replaced with/by over-glorified “AI”? The EPO is not advertising openings and sources say there’s a hiring freeze for years to come (with about a quarter of the staff expected to retire by then). Whatever or whoever they’re hiring, they’re not hiring experienced examiners, they look for cheaper ones (or none, maybe some algorithms). The only thing we saw is this a few days ago. Has the Office realised that it’s rapidly running out of talent?

It gives us neither comfort nor solace to see the EPO retweeting ’4iP Council’ on Friday (yesterday). They’re part of the propaganda mill of Team UPC, of patent trolls and of litigators; They work with trolls and collaborate with Team UPC on lobbying for software patents in Europe. This is what the EPO has retweeeted: “Our latest report is a collaboration with @EPOorg on computer implemented & #AI #inventions: how many, how to apply, examination criteria … & more. Download here: https://bit.ly/2E0JOK9 #4IR, #patents pic.twitter.com/3PtKxmoOkk”

So they’re working together on promoting “computer implemented & #AI #inventions” (i.e. patents on algorithms). The EPO not only reweeted this; it participated in this (it says “collaboration”). The UPC, a Trojan horse for software patents in Europe, will never become a reality, so perhaps they just try to legitimise such ludicrous patents (that European courts strike down). That’s not to say that there’s a 0% chance of UPC (in some form) materialising some time in the future. Team UPC has not given up entirely. Now it’s the turn of McCarter & English LLP’s Susan Okin Goldsmith and Bharadwaj, Kritika. Under “IP Considerations to Deal with No Deal” they bring up the usual talking points, boosting the same old lies about UPC (e.g. that it’s still possible in spite of Brexit). Dream on…

The three Frenchmen

Back to the subject of software patents, yesterday Florian Müller once again demonstrated the low quality of (some) European Patents when he wrote about USPTO and EPO post-grant reviews:

Also on Tuesday, German website WinFuture.de scooped everyone by finding out from resellers that Apple will apparently have a workaround ready in a month’s time. It’s illustrative of the utter absurdity of the envelope tracker SNAFU that a workaround would have to be created, replacing a non-infringing (in all likelihood, given the two U.S. decisions) chip. Contrary to what some people on the Internet appear to think, it’s not an admission. It’s simply that, should WinFuture.de be right (which I tend to believe it is), any infringement allegations by Qualcomm against the modified variants of the iPhone 7 and iPhone 8 would require a whole new determination on the merits, while a contempt proceeding involving the previously adjudicated chipset could be decided against Apple if the court relied on its agnostic–by now, most likely counterfactual–infringement finding again. If the standard in a contempt proceeding required Qualcomm to prove an actual infringement, a workaround would most likely not be needed, but the court might favor the same approach once again and adopt Qualcomm’s attorneys’ fiction. As the saying goes, discretion is the better part of valor.

Yesterday–Wednesday–delivered the next round of bad news for that Qualcomm patent. Technically it’s U.S.-only news, but due to major overlaps it also has important implications for an opposition proceeding before the European Patent Office, which will hold an opposition hearing on May 24 (chairman: Manuel Pavón Mayo; 1st examiner: Ali Hijazi; 2nd examiner: Thomas Agerbaek). The U.S. inter partes review no. IPR2018-01154 targeting claims 15-20 of the U.S. envelope tracker patent is most interesting in this regard as the claims and the prior art references are most similar to the issues before the EPO’s opposition division.

[...]

Before the EPO, Intel attacks the relevant European claims as being anticipated by a prior art reference named Hou, but also argues that they’re obvious over Kwak + Kim, or alternatively over Stauth + Tanabe. Further reference is made in Intel’s European opposition brief to prior art references named Midya, Lee, Wu, Mathe, Kim, Kang, and Chu.

Finally, here’s Intel’s European opposition brief (Appled raised the same issues and is represented by the same Samson & Partner patent attorneys):

Does it not bother the EPO’s management that European Patents are found to be invalid? Only yesterday the EPO wrote: “Want to be better equipped to face the challenges posed by prior art on the internet?”

So the EPO makes prior art sound like a bad thing and the Internet a nuisance for showing that many European Patents are wrongly granted. As Florian Müller explained some years ago, by blocking access to Techrights the Office already limits examiners’ access to a lot of potential prior art. We post a lot of stuff in our daily links.

The truth of the matter is that Campinos has done nothing and will do nothing regarding the quality of patents, only the “quality of service” (defined in terms of speed).

Friday afternoon it became known (warning: epo.org link) that the President of the EPO met patent maximalists from another continent: Iancu, LESI and AIPLA. At least we know whose interests EPO President Campinos serves…

In the EPO’s own words:

The European Patent Office (EPO) and the Licensing Executives Society International (LESI) have signed a Memorandum of Understanding on bilateral co-operation to help innovators make better use of the European patent system. The agreement was signed by EPO President António Campinos and LESI President François Painchaud on the occasion of LESI’s recent Winter Planning Meeting in Miami, Florida.

This enhanced co-operation will enable the EPO and LESI to extend the reach of joint activities for stakeholders in the innovation ecosystem, especially small and medium-sized enterprises, industry representatives, technology transfer experts, publicly funded research organisations, IP advisors, innovation centres, user associations, IP offices and government policy makers.

The Memorandum of Understanding between both partners will remain in effect for a period of five years and extends the successful history of co-operation between the EPO and LESI.

[...]

During his mission to the United States President Campinos also met with Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), and they agreed that their offices would investigate possible new measures for further enhancing bilateral co-operation.

[...]

During the visit, President Campinos also engaged with many key US partners and stakeholders, including the Association of Corporate Patent Counsel (ACPC) and the American Intellectual Property Law Association (AIPLA). In these meetings the EPO President provided insights into the Office’s strategic plan and vision for the coming years, and invited patent system users to contribute to the EPO’s corresponding public consultation.

How often does President Campinos, resident of the top floor in Munich, actually meet scientists? Almost never. He doesn’t care about them. He’s out of touch. He’s not a scientist himself, having come from the banking ‘industry’ and a family of politicians (the domain of lawyers).

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

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. Links 20/2/2019: digiKam 6.0.0, Cockpit 188, Mesa 19.0 RC5

    Links for the day



  2. How Long Can the EPO Bend the Rules Before the Avalanche of Invalid Software Patents?

    A 35 U.S.C. § 101/SCOTUS moment in Europe will likely squash loads of abstract European Patents granted by the EPO; shouldn’t the EPO foresee this and immediately cease granting such obviously bogus patents, whose main beneficiary is a bunch of patent trolls?



  3. Battistelli Trashed 223 Millions (of Stakeholders' Euros) on a System That Destroyed the European Patent Office and Made Few Private Corporations a Lot Richer

    A quarter of a billion euros later the EPO finally admits in private that this was a massive failure



  4. Links 19/2/2019: Mesa 18.3.4, Cutelyst 2.7.0, Plasma Pass 1.0.0

    Links for the day



  5. What Happened in the United States Now Happens in Europe: Lots of Patents Turn Out to Be Bunk, Fake, Bogus, Invalid and Thus Worthless

    Worthless patents — not opposition to such patents — are the greatest threat to the legitimacy of the patent system, yet bureaucrats fail to heed the warning in the name of short-term profits



  6. Stephen Rowan's and Nellie Simon's Letter to EPO Staff: eDossier Has “Not Reached the Required Quality Levels.”

    We've just commented on it; here is the raw letter in full, explaining that eDossier and related frameworks will be abandoned entirely and indefinitely within less than a fortnight



  7. Search Matters Not at the European Patent Office

    The EPO has found out that "System Battistelli" has been catastrophic for the quality of patents; it stops short of openly admitting it as such and in fact it keeps the message strictly confidential (explained to insiders, who will inevitably notice a system being abandoned)



  8. António Campinos Still Needs to Undo Battistelli's Union-Busting Activities at the EPO

    Solidarity and support for Laurent Prunier are needed because the new French president lacks empathy even for fellow Frenchmen whose sole 'crime' is that they represented EPO staff



  9. Links 18/2/2019: Linux 5.0 RC7, RISC-V Spreading Fast

    Links for the day



  10. António Campinos Still Needs to Hold Team Battistelli Accountable for Illegally Bringing Weapons to the EPO

    It is imperative that, in order to repair the reputation of the European Patent Office (EPO), António Campinos should pursue accountability for the managers who brought Benalla and firearms to the Office (very serious breach of German law, jail sentence included)



  11. Links 17/2/2019: Compiz 0.9.14.0, Geary 0.13.0, GNU FreeDink 109.6, Debian 9.8, Texinfo 6.6

    Links for the day



  12. Amazon's Patent Policy Should be Enough of a Reason to Boycott Amazon and AWS

    There are many things to criticise Amazon and its founder for; but rarely does the mainstream media bring up the company's appalling patent policy



  13. Don't Use Cloudflare Because You Impose This on People Who Least Want It

    Reasons to stop making the World Wide Web so heavily dependent on some dubious companies like Cloudflare, which already has a worrisome track record



  14. How Many/Most EPO Examiners View 'President' António Campinos

    Based on what readers/insiders have told us, there’s a prevalent perception that António Campinos is afraid of (thus controlled/directed by) Bergot, who is still doing Battistelli’s biddings at the European Patent Office (EPO)



  15. Techrights' Priorities Over the Years

    An old priority of ours, eliminating software patents in the United States, is no longer quite so relevant because such patents are perishing in US courts, with or without outside intervention such as activism



  16. Courts in Disagreement: Warning on Wrongly-Granted European Patents and the Looming Collapse of All Software Patents in Europe

    By devaluing patents and reducing their perceived worth (as is happening in China and Europe) patent offices risk decreasing participation in the very system they fundamentally depend on



  17. Computing Will Not Necessarily Make the World a Better Place

    The vision of "happy world" (because each person has a so-called 'smart' 'phone') is a yuppie delusion that overlooks business models and corporate interests



  18. EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

    The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either



  19. Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

    IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)



  20. WSL is a Misleading Acronym/Name Because There's No Linux in It, It's Just Windows

    When Microsoft says "Linux" (as in "Microsoft loves Linux") what it actually means is Windows and/or Azure



  21. Links 16/2/2019: Ubuntu 18.04.2 LTS, PyCharm 2019.1 EAP 4

    Links for the day



  22. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  23. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  24. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  25. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  26. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  27. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  28. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day



  29. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  30. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin


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