03.22.19

Gemini version available ♊︎

Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

Posted in Europe, Patents at 4:53 am by Dr. Roy Schestowitz

EPO managers are trumpeting sustained revenue growth by granting illegitimate European Patents

EPO mission

Summary: The European Patent Convention (EPC) ceased to matter, judges’ interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet “growth”

THE U.S. Patent and Trademark Office’s (USPTO) relatively new Director strongly antagonises 35 U.S.C. § 101/Alice (SCOTUS decision from half a decade ago). He also opposes much of what the Patent Trial and Appeal Board (PTAB) is doing — more or less the equivalent of Battistelli's attitude towards BoA. Meanwhile, EPO President António Campinos keeps pushing software patents in Europe in defiance of the EPC, in defiance of courts, and even in violation of directions from Parliament. So there’s some commonality there and it’s hardly surprising that Campinos can be seen with the Director of the USPTO more than he can be seen with any scientist.

Yesterday Watchtroll’s main headline said that “Alice is Due for Reversal” (no factual basis for this; Watchtroll comes up with what China, then US Democrats, and then Trump called “fake news”); it also said “Apple is Afraid of Inventors, Not Patent Trolls”. Those so-called ‘inventors’ never created anything; some just bought bogus software patents in auctions and preyed on Texan courts. But the Director of the Office now defends these trolls, as does Campinos, who keeps meeting trolls’ front groups and advocates SEP/FRAND injustice.

“Like “AI” and “blockchain”? “4IR” and “Industry 4.0″? “IoT” and “ICT”? What other buzzwords for software patents? “CII” maybe?”What has the EPO become? Who does it work for? Yesterday it retweeted Siemens after it had bragged about patent numbers. “It is not a competition and many of these patents are bunk” was my response to them. The EPO later wrote: “As a patent office we are prepared to face the challenges brought by emerging digital technologies.”

Like “AI” and “blockchain”? “4IR” and “Industry 4.0″? “IoT” and “ICT”? What other buzzwords for software patents? “CII” maybe?

The EPO just wishes to grant software patents against the law (it asks applicants to call them something else). Then it will find a way to make it sound like there’s a 40% growth in patents. IAM, the propaganda arm of the EPO, has just published this piece from Carpmaels & Ransford LLP. It’s promoting software patents not only in the EPO but also the UK-IPO (emphasis below is ours):

In the past, the UK Intellectual Property Office (UKIPO) has attempted to follow the EPO’s approach to software and business method-related inventions. However, the UKIPO is bound by the precedents set by UK courts. This can often result in disparity between what the EPO and UKIPO will allow.

Practice in the United Kingdom was defined in a UK Court of Appeal judgment in Fujitsu Limited’s application, which was an appeal against a decision to refuse an application relating to crystal modelling using a computer. The judge in this case confirmed that a criterion for patentability of subject matter that, on the face of it, falls within the statutory exclusions was that the claimed invention should provide a technical contribution in order to be patentable. Following Fujitsu in the United Kingdom and the IBM cases at the EPO, the UKIPO issued a practice notice stating that its practice towards software-related inventions would “remain in step with that of the European Patent Office”.

However, when the EPO moved to its inventiveness test following the Pension Benefits and Hitachi cases, the UKIPO continued to apply the technical contribution approach, as it had to follow the precedent established in Fujitsu. There was therefore a disparity in the way in which the UKIPO and EPO viewed the wording of the European Patent Convention.

It has already been ruled in courts, e.g. in France, that the EPO intentionally misinterprets the European Patent Convention. But the EPO arrogantly ignores what judges are saying, at times even attacking judges. Just like Watchtroll and Director Iancu do (we’ve already covered Iancu’s worrisome rhetoric). Does that not make the EPO a lawless organisation?

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. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  2. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  3. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  4. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  5. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  6. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  7. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  8. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  9. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  10. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  11. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  12. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  13. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  14. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  15. Links 31/01/2023: elementary OS 7

    Links for the day



  16. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  17. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  18. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  19. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  20. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  21. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  22. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  23. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  24. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  25. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  26. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  27. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  28. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  29. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  30. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software


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