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

02.28.19

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 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. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  2. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  3. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  4. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  5. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  6. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  7. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019



  8. Demonstration Against Unitary Software Patents, Thursday 12 Dec in Brussels

    FFII's call to demonstrate against the UPC



  9. Links 9/12/2019: China on GNU/Linux, Canonical Wants Help to Improve Ubuntu

    Links for the day



  10. Links 9/12/2019: Linux 5.5 RC1, EasyOS Buster 2.1.9

    Links for the day



  11. IRC Proceedings: Sunday, December 08, 2019

    IRC logs for Sunday, December 08, 2019



  12. Mandatory Education for Those Who Use and Misuse Buzzwords Would Go a Long Way

    In an age of substitution — where marketing terms replace meaningful words and concepts — it has gotten more difficult to have honest debates, for example about the scope of patents



  13. Once Upon a Time Banter Was Allowed on Mailing Lists

    Hours ago Torvalds announced RC1 of the next Linux (kernel) release; it has been a while since he last said something ‘controversial’ (following his month at the penalty box); free speech deficit can make us weaker, not stronger (advantage to those who work in the dark)



  14. Links 8/12/2019: Debian Init Systems GR, NomadBSD 1.3

    Links for the day



  15. Can We Quit Celebrating DRM in GNU/Linux?

    Over the past couple of days various news sites and "Linux" sites expressed great satisfaction [1-5] over the passive embrace of Disney's DRM ploy (Disney+), even when Disney itself rejects DRM, seeing the harms practically caused by it [6,7]



  16. You Know WSL is Bad for GNU/Linux Because Anti-Linux People, Microsoft and Its Propagandists, Want People to Use That

    Microsoft and its boosters (and media partners) haven’t grown tired of spreading falsehoods to stigmatise and take control of GNU/Linux by creating their own versions and traps for it



  17. IRC Proceedings: Saturday, December 07, 2019

    IRC logs for Saturday, December 07, 2019



  18. 5 Years Ago the Linux Foundation Turned Linux.com Into a Non-Linux Site

    One can leverage the Internet Archive’s Wayback Machine to better understand how, over time, the Foundation called “Linux” deviated or diverged away from its mission statement for the sole purpose of raising corporate funds and selling influence to corporations (passing the community’s hard work to them — a form of tacit privatisation)



  19. Microsoft Redefining Ownership and Identity of GNU/Linux

    The idea that “Microsoft loves Linux” is as insane as it gets; but the lie which is “Microsoft loves Linux” is a powerful enabler of Microsoft entryism, e.g. if Greg steps down, does a Microsoft employee become the deputy of Linus Torvalds?



  20. Things That Cannot Be Said

    The limits on what we can say are mostly defined by what sources permit us to say publicly (for the sake of source protection)



  21. Fake European Patents (on Algorithms) Leading to Fake Embargoes

    Law firms have gotten their way in Germany; instead of supporting the productive workers the patent system is nowadays promoting the litigation 'industry' and it ought to be corrected



  22. From Moderate Advice to FUD and Misinformation: The Case of a VPN Vulnerability (CVE-2019-14899)

    What should have been a trivial bugfix in a variety of operating systems and bits of software — both proprietary and Free software — somehow became anti-Linux FUD, clickbait and worse



  23. Dangerous Thinker

    Society oughtn't be alarmed by people who say unusual things; it should be wary and sceptical of those corporations ever so eager to silence such people



  24. Unitary Patent (UPC) Died Along With the Credibility of Managing IP and the Rest of the UPC Lobby

    It is pretty astounding that Team UPC (collective term for people who crafted and lobby for this illegal construct) is still telling us lies, even in the absence of underlying supportive facts, and pressure groups disguised as "news sites" latch onto anything to perpetuate an illusion of progress (even in the face of a growing number of major barriers)



  25. IRC Proceedings: Friday, December 06, 2019

    IRC logs for Friday, December 06, 2019



  26. Links 7/12/2019: Fedora 31 Elections Results, Lots of Media Drama Over VPN Bug

    Links for the day



  27. Links 6/12/2019: DRM in GNU/Linux and Sparky Bonsai

    Links for the day



  28. The EPO Rejects Innovation

    The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop



  29. Startpage CEO Robert Beens in 'Damage Control' Mode, Trying to Get Startpage Relisted After Selling to a Massive Surveillance Company

    PrivacytoolsIO is being lobbied by the CEO of Startpage to relist Startpage, based on no actual refutations at all



  30. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019


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