02.28.19

Gemini version available ♊︎

T 0489/14: Will the European Patent Organisation Put an End to Software Patents at Long Last?

Posted in Europe, Patents at 11:56 pm by Dr. Roy Schestowitz

A shocked Battistelli

Summary: Another upcoming opportunity for the EPO’s Boards of Appeal to say “no” to software patents; sadly, however, the judges lack the independence they need

THE U.S. Patent and Trademark Office (USPTO) is still coming to grips with courts’ consistent rejection of software patents. We’re still seeing new reports of yet more US patents (granted by the USPTO) that the Federal Circuit rejects based on 35 U.S.C. § 101. So does the Patent Trial and Appeal Board (PTAB), where inter partes reviews (IPRs) are growing in number. Anticipat has been trying to spin it all by selective (cherry-picked) statistics, but the trend is rather clear and we shall say more about it in our next post.

Yesterday afternoon Scott King and Matthew Hoyles at Kluwer Patent Blog wrote to say that “Computer implemented simulations referred to the Enlarged Board of Appeal” (the term “computer implemented” means algorithms).

Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the EPO’s Enlarged Board of Appeal do not come around often, referrals in the area of computer technology even less so.

The purpose of referrals to the Enlarged Board of Appeal is to prevent divergence and/or provide clarity on the implementation of the law.

The Enlarged Board of Appeal of the European Patent Organisation (EPO) has another chance to thwart European software patents, but it’s tightly controlled by Team Battistelli/Campinos, so don’t expect that to happen.

“It shouldn’t be assumed that “Remain” means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come).”Yesterday the ‘geniuses’ at the PR department were still promoting software patents while calling these “CII” because they’re banned. “The next study visit taking place in The Hague will focus on peculiarities of CII-related patent applications and the challenges they pose in search and examination,” they wrote. Hours apart (earlier on and for the second time in one day) the EPO pretended to itself that it can grant such patents just by framing/describing these as “CII” (because they’re banned/verboten without such buzzwords). The EPO wrote: “Which computer-implemented inventions in #medtech can be protected by patents and how?”

They’re using “medical” and “SMEs” to distract from the fact that these are algorithms.

Proponents of software patents try to bypass the courts or create new ones that are questionable because of the way they operate. The UPC’s chances got even slimmer/prospects worse, as we explained a day ago; there’s growing uncertainty about what will happen (if anything at all) to Brexit. Nevertheless, Aurélia Marie (Cabinet Beau de Loménie) and Phil Burns (Wrays) continue to pretend that the UK already left the EU. Never mind if there’s no Brexit, at least not yet (if ever). Lexology published this: “The UK can decide to halt the process without consent from the other 27 EU States and stay in the EU at any time up to Brexit Day.”

It shouldn’t be assumed that “Remain” means UPC is suddenly alright; quite the contrary at this stage as that merely raises yet more questions and causes a lot more delays (for years to come). The UPC’s collapse means that the Enlarged Board of Appeal is here to stay; its decision on T 0489/14 will matter.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Monday, September 20, 2021

    IRC logs for Monday, September 20, 2021



  2. Links 20/9/2021: Emmabuntüs Debian Edition 4 1.00, DXVK 1.9.2, and NVIDIA 470.74 Graphics Driver

    Links for the day



  3. Richard Stallman's Talk in Ukraine Two Days Ago (in Person)

    Richard Stallman explains his stance on Invidious (released under the AGPLv3) in his new (in-person) talk



  4. Microsoft and the EPO: A History of Threats and Suppression Against the Free Press

    Bribed and blackmailed media isn't covering EPOnia's corruption anymore; somebody should, but that's not as easy as it may seem on the surface (not even for a distant outsider)



  5. [Meme] The B4 Summit: Baltic Benoît Battistelli in Belarus

    It should not be surprising that when Benoît Battistelli and António Campinos get to 'fix' their own election by the EPO‘s Administrative Council that very same Administrative Council will later rubber-stamp virtually every proposal of theirs, even unlawful proposals



  6. Links 20/9/2021: Telegram Desktop 3.1, Arcan as Operating System Design

    Links for the day



  7. [Meme] Looting Europe and Taking Away From the Office

    The staff of the EPO is being robbed by corrupt officials, who arrogantly assume that they can get away with anything (because they have facilitators all over Europe)



  8. IRC Proceedings: Sunday, September 19, 2021

    IRC logs for Sunday, September 19, 2021



  9. Formally Challenging the EPO and Microsoft for Apparent Efforts to Suppress Reporting With Evidence of Crimes, Including Violations of EPO Data Protection Guidelines

    The largest cross-institutional European den of corruption, the EPO, will be hearing from lawyers and hopefully from public officials too. The criminal behaviour is long overdue for review and the Administrative Council too should be investigated (for repeatedly abetting this behaviour, for personal gain).



  10. Links 20/9/2021: Linux 5.15 RC2 and pgAdmin 4 5.7 Released

    Links for the day



  11. [Meme] Warning - Tree Felling in Progress

    Warming up for our next EPO series



  12. Links 19/9/2021: Sparky 2021.09, Whisker Menu 2.6.0, HarfBuzz 3.0, and gThumb 3.12

    Links for the day



  13. EPO Management is Hiding Under the 'Cloud' While Violating Privacy Laws

    Facing a barrage of scrutiny for outsourcing the EPO's systems to Microsoft, the EPO has just arranged yet another expensive PR stunt, looking to somehow 'normalise' the unacceptable and the likely illegal



  14. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  15. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  16. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  17. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day



  18. IRC Proceedings: Saturday, September 18, 2021

    IRC logs for Saturday, September 18, 2021



  19. Links 18/9/2021: LibreOffice 8.0 Plans and Microsoftcosm Uses WSL to Badmouth 'Linux'

    Links for the day



  20. Links 18/9/2021: GIMP 2.10.28 Released and Azure Remains Back Doored

    Links for the day



  21. IRC Proceedings: Friday, September 17, 2021

    IRC logs for Friday, September 17, 2021



  22. Links 17/9/2021: Ubuntu 18.04.6 LTS, Manjaro 21.1.3, “2021 is the Year of Linux on the Desktop”

    Links for the day



  23. Links 17/9/2021: WSL Considered Harmful

    Links for the day



  24. [Meme] Microsoft Loves Linux Bug/Back Doors

    Microsoft is just cementing its status as little but an NSA stooge



  25. Lagrange Makes It Easier for Anybody to Use Gemini and Even Edit Pages (With GUI)

    Gemini protocol and/or Gemini space are easy for anyone to get started with or fully involved in (writing and creating, not just reading); today we take a look at the new version of Lagrange (it was first introduced here back in March and covered again in April), which I installed earlier today because it contains a lot of improvements, including the installation process (now it’s just a click-to-run AppImage)



  26. IBM is Imploding But It Uses Microsoft-Type Methods to Hide the Demise (Splits, Buybacks, and Rebranding Stunts)

    A combination of brain drain (exodus) and layoffs (a lack of budget combined with inability to retain talent or attract the necessary staff with sufficiently competitive salaries) dooms IBM; but the media won't be mentioning it, partly because a lot of it is still directly sponsored by IBM



  27. IRC Proceedings: Thursday, September 16, 2021

    IRC logs for Thursday, September 16, 2021



  28. [Meme] 70 Days of Non-Compliance

    António Campinos would rather fall on his sword than correct the errors or work to undo the damage caused by Team Battistelli, which is still at the EPO



  29. EPO “Board 28” Meeting: Imaginary Dialogue Between EPO President Campinos and the Chair of the Administrative Council, Josef Kratochvíl

    The EPO‘s chaotic state, which persists after Benoît Battistelli‘s departure, is a state of lawlessness and cover-up



  30. Links 16/9/2021: Linux Mint Has New Web Site, LibreOffice 7.2.1, KDE Plasma 5.23 Beta, and Sailfish OS Verla

    Links for the day


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