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

02.22.19

Software Patents Are in a Freefall in Courts Worldwide, But the EPO Keeps Granting and Promoting These

Posted in America, Europe, Patents at 6:35 am by Dr. Roy Schestowitz

A couple of days ago: How Long Can the EPO Bend the Rules Before the Avalanche of Invalid Software Patents?

Freefall

Summary: Courts are tearing down abstract patents, but this has neither deterred nor discouraged António Campinos from coming up with new buzzwords and acronyms by which to promote these and grant these to applicants

THE subject of software patents in Europe truly re-emerged when António Campinos took over the EPO because under his leadership the EPO constantly promotes these (even more so than Battistelli). This is troubling as it shows that when it comes to patent scope the sheer disregard for the law is prevalent if not growing

.

We try hard not to invest any more time covering US affairs, knowing that software patents are more or less demolished there. Benjamin Henrion has just noted: “The USPTO’s “restore software patents” examination guidelines which they request comments does not even mention the Alice decision…”

The USPTO merely “disgraces itself,” I’ve told him, and this “will upset US judges. Iancu is to the USPTO what Trump is to the Constitution and Ajit Pai is to FCC.”

No matter what Iancu (or the Office does), the Federal Circuit does not agree with him and there’s a growing number of inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB), typically invaliding software patents at an alarming rate (thousands per year perhaps; almost as many as annual patent lawsuits). American patent maximalists continue to cherry-pick decisions on mere patent applications as if these are triumphs. The latest example is this: “Visa Finally Wins One. The PTAB Reversed an Examiner’s 101 Rejection of Claims for an Authentication Analysis System…”

It merely “won” a patent, but courts have not even actually decided on it yet. What matters is what the courts — not the Office — decide. The Office is no jackpot.

There’s meanwhile this rumour about a court that tolerates software patents and trolls: “Apple to close all (2) of its stores in the Eastern District of Texas, allegedly to avoid being sued there for #patent infringement; #SupremeCourt recently limited venue to districts where US companies incorporate or have a “regular and established place of business”…”

This is exactly what we’ve said, many times in fact, would eventually happen. There’s another new outcome related to this when it comes to Google, but we no longer cover patent cases in the US (it’s too time-consuming a thing).

It’s also noteworthy, as per this paper and new blog post from Kevin E. Noonan (Patent Docs, hardly active anymore) that the former chief patent counsel of GlaxoSmithKline now blasts SCOTUS over 35 U.S.C. § 101 (Mayo/Alice). She made millions of dollars attacking generics and such; now she attacks judges/courts. Stay classy, Sherry..

In Noonan’s words: “Sherry Knowles, former chief patent counsel of GlaxoSmithKline, and Dr. Anthony Prosser, a member of her team at Knowles Intellectual Strategies LLC, have written an article recently published in The John Marshall Review of Intellectual Property Law entitled “Unconstitutional Application of 35 U.S.C. 101 by the U.S. Supreme Court.” The authors’ thesis is stark: that the Supreme Court has improperly (and unconstitutionally) arrogated to itself a definition of patent eligibility that is inconsistent with over 200 years of statutory law enacted by Congress under its Article I powers.”

At least her affiliation has given away her bias. We’ll cover patents on life in the next post, as the EPO continues to promote these. But how long before we have a ‘European Alice’ and ‘European Mayo’?

That brings us back to the EPO’s approach towards software patents. It has just promoted software patents yet again, but it paints these as “medical” and “for SMEs” (the usual). This is the fourth such tweet in about a week. The patterns are more or less the same. At least it has quit the “AI”, “blockchain” and “4IR” buzzwords/buzz-phrases/acronyms for a few days (different/misunderstood terms, just like “CII”, dodging controversial terms like “software patents”).

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

2 Comments

  1. knoonan said,

    February 26, 2019 at 7:46 am

    Gravatar

    Roy: whether speaking about me personally or about the Patent Docs website, “hardly active anymore” is grossly inaccurate. I welcome your readers to visit (www.patentdocs.org) to get a different perspective

    Dr. Roy Schestowitz Reply:

    This site, like several others in the same domain (I could name examples), has been a lot less active in recent months if not years (excluding ads for webinars).

    I follow the site closely and occasionally find important things (not these ads) like analyses of decisions. Lately there has been a lot of stuff about science/genetics rather than patents. Even makeup.

What Else is New


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

    Links for the day



  2. 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



  3. 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



  4. 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."



  5. 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



  6. 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



  7. 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



  8. 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



  9. 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



  10. 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."



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

    Links for the day



  12. 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."



  13. 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



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

    Links for the day



  15. 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."



  16. 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



  17. 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



  18. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  19. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  20. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  21. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  22. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  23. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  24. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  25. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  26. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  27. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day



  28. Links 17/8/2019: Unigine 2.9 and Git 2.23

    Links for the day



  29. Computer-Generated Patent Applications Show That Patents and Innovations Are Very Different Things

    The 'cheapening' of the concept of 'inventor' (or 'invention') undermines the whole foundation/basis of the patent system and deep inside patent law firms know it



  30. Concerns About IBM's Commitment to OpenSource.com After the Fall of Linux.com and Linux Journal

    The Web site OpenSource.com is over two decades old; in its current form it's about a decade old and it contains plenty of good articles, but will IBM think so too and, if so, will investment in the site carry on?


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