Bonum Certa Men Certa

Truly and Completely Out of Control, the Unhinged European Patent Office Calls Applicants “Customers” While Offering Patents on Nature, Life, Maths

2015: Battistelli's EPO Loses 'Customers' Because It Plays 'Favourites' With Large Corporations

Everything must go
Everything Must Go (film)



Summary: The European Patent Office (EPO) lost sight of what patent offices exist for; it's now doing totally insane things while treating the law like a nuisance rather than something to be served

WHAT do patent offices exist for?



It's a fair question, right? Not rhetorical.

They tell us it's about innovation. Sometimes words like "protection" get used (but not "protectionism"). Or do patent offices now exist to maximise their own bottom line? Are they a public service? What are they? The EPO has taken these questions to new extremes, stretching the rule of law to levels that discredit the very system it derives its powers from (how can an institution claim to uphold and enforce law when it breaks its own laws?). Earlier today we wrote about the real costs associated with the EPO and it's not a pretty picture. The extrernalities show that the EPO has become a net loss to the European economy.

"The extrernalities show that the EPO has become a net loss to the European economy."Earlier today we also published two articles about software patents in Europe. Nothing has yet changed for the better and in fact just hours later the EPO resumed promoting software patents that are not allowed. Well, the EPO does not allow obeying the law, either. "Four days to go until we close the registration for this event where we will discuss computer-implemented inventions," it wrote, adding the usual "SME" and "medical" buzz (to make it seem like it's helping the small people and saves lives). Hours earlier the EPO published this "[r]eport on the results of the user consultation on increased flexibility in the timing of examination process" (warning: epo.org link) and notice that it has nothing to do with patent quality, only speed. They measure performance in terms of speed and almost nothing else. As it turns out, based on another new tweet, words like "customers" and "IP" are still being misused in conjunction with "SMEs" (that the EPO systematically discriminates against).

Then there's the question of patents on life. When did nature become "IP portfolio" and life "innovation"? It's saddening if not maddening to see Intellectual Property 'Watch' still carrying this propaganda for crazy people who lie in order to rob us. Here is what it published this afternoon: "Chris Holly is a practicing intellectual property lawyer with extensive experience helping clients leverage IP portfolios in the agriculture, food, microbiology and biotechnology industries. Intellectual Property Watch’s David Branigan interviewed Holly to gain his perspective on the technological, regulatory and intellectual property considerations of next generation plant breeding techniques, in particular those that involve gene editing using CRISPR technology."

"Innovation" as in the headline just means "patenting"; these lawyers want patents on life and nature, so they just call it all "invention" etc. Remember 'Teffgate'?

Peri Hankey remarked on this 'ownership' by telling me: "This kind of property is theft of our natural commons, enclosure of life. The underlying theory is that what is not yet anyone's property must be taken before it it taken by others. It's the socio-political creed of scavenging brigands. It's the theory that drives us -- to ruin."

Information Age meanwhile promotes 'owning' mathematics and mere ideas (processes of the mind). Earlier today it wrote that the "European Patent Office (EPO) recently issued fresh guidelines last year examining the patentability of AI and machine learning based on the principle that all patentable innovations must not be obvious."

Here's corporate media once again spreading the lie and the nonsense which is “AI” (nowadays it is typically just a meaningless synonym for “computer” or “computer program”). Do we want more surveillance startups? Or is that just software patents promotion?

Notice how many times they misuse the term "AI" in these three passages alone:

“The European Patent Office (EPO) recently issued fresh guidelines last year examining the patentability of AI and machine learning based on the principle that all patentable innovations must not be obvious.

“By default, the application of AI in almost every function and across every sector it touches – from AI-powered toothbrushes to AI weather forecasting tools, from medtech to fintech to e-commerce – renders such inventions obvious, unpatentable and, ultimately, far from innovative in and of themselves. What’s more, the vast majority of AI algorithms are open source, making the implementation of the technology even less innovative or intrinsically valuable. Even the EPO are looking into implementing AI in order to streamline processes. Yet this clearly does not make them an AI or a tech organisation.

“AI is simply a tool and should be viewed as such by the wider market. The AI conversation should be focussed more on how businesses use this tool to create truly groundbreaking and critical inventions that are of real, tangible benefit to the wider innovation market.”


In all the above, "AI" just means algorithms, nothing else. Courts would reject patents on those.

"Even the EPO now understands that UPC has died, based on this tweet from a few hours ago (about the third of this kind in the past fortnight)."In an effort to override national courts and somehow allow such ridiculous patents to endure, Team UPC worked hard for years, pushing for a hideous replacement (under the guise of "community", "harmony" and "unity"), thankfully in vain. UKIPO "commissioned Powell Gilbert to collect data on patent and non-patent cases," it said yesterday. "This has allowed us to evaluate the performance of the UPC once it is in operation. This data is published as part of the reports."

"Counting patent and non-patent cases at the High Court 2015/2016" is the title. Remember that this court rarely tolerates some of the more controversial European Patents. "The IPO requires detailed information on UK patent and non-patent cases. This will fulfill the UK’s obligations under the Unified Patent Court Agreement (UPCA)," it said. But there's no UPC. It's dead. Nevertheless, Bristows is already leaping at it and this new post from Alan Johnson said (hours ago):

The UK IPO published yesterday (here) information on the number of IP cases commenced in the High Court in 2015 and 2016.


If one considers pertinent cases and their outcomes, it then becomes clear that British patent law isn't quite compatible with what the EPO has been doing in recent years. The above is merely a formality that accompanies what Gyimah had done before he resigned. Even the EPO now understands that UPC has died, based on this tweet from a few hours ago (about the third of this kind in the past fortnight). The EPO's worst enemy is itself or its own misbehaviour.

Recent Techrights' Posts

Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
 
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024
Gemini Links 16/12/2024: Invisibles and 20 Years of GNU/Linux on the Desktop
Links for the day
Microsoft's Windows Fell From 98% to Less Than 15% (in 15 Years in Africa)
Operating System Market Share Africa
Swaziland: GNU/Linux Leaps to 7.24%, Based on statCounter
Remember that Microsoft had many layoffs this year in Africa
A Birthday Wish
My birthday is a few hours away
[Meme] Definitely Not Your Role Models
Hypocrite Neckbeard Meme
Changes or Variation of Logo at the FSF as 40th Anniversary is Near (Months Away)
Next year the FSF turns 40
Mobile Usage Nearly 90% in Maharlika (Philippines)?
Microsoft has become just a footnote
Push Back and Become More Vocal for LLM Abuse and Misuse to Stop
We hope that more people out there (sites too) will call out the people who saturate particular topics on the Web with machine-generated junk
The Media Failed to Hold GAFAM Accountable (and Now It Suffers From It and For It)
This recognition of the problem emboldens us to carry on
Botswana: New Highs for GNU/Linux, All-Time Lows for Microsoft
No wonder Microsoft has so many layoffs in Africa this year
Links 16/12/2024: Skinnerboxes ("Smart" "Phones") and Control Social Media Blamed for Fights
Links for the day
Reminder: The Microsoft Person Who Used OpenAI for En Masse GPL Violations Told the Whistleblower to Kill Herself
The evidence (real message)
Links 16/12/2024: emacs, Drawabox, “You Should Have Your Own Website”
Links for the day
In Some Parts of the World, Like Central America and South America, Microsoft is Irrelevant on the Web
Nadella has bet the farm on a Ponzi scheme
[Meme] Microsoft is Not a Country
Reporting crimes is essential for democracy
There's Not Much Time Left for President Biden to Pardon Julian Assange and Signal to Journalists That Exposing States' Crimes or Rich People's Misbehaviour is Lawful
Apathy towards this is part of the problem
Image Fusion is Not 'AI' (LLMs Aren't Either)
Such fakes can (and always could) be done by a digital artist, it's just a little more expensive and time-consuming
GNU/Linux at New Highs in Bosnia And Herzegovina
Quite a few Balkan nations show high adoption rates for GNU/Linux
From Scientists to Pigeons: The EPO Has Turned Patent Examination Into a Process Made by Computers and Improperly Trained Staff Which Doesn't Meet the Requirements of the European Patent Convention (EPC)
Might as well abolish this entire system if this is the current trajectory
Razik Menidjel Will No Longer be Chief Operating Officer Operations at the EPO
What does the EPC say about slop and should it be updated to deal with trouble such as slop?
Underpaid and Inexperienced Workers Overwhelm the EPO, Granting Many Invalid Patents and Placing Pressure on Veteran Examiners
So-called "production" (giving monopolies) pressure is "compromising the quality of our products" [sic] according to a new report
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 15, 2024
IRC logs for Sunday, December 15, 2024