04.08.19

Gemini version available ♊︎

Europe’s EPO Has Become France’s INPI

Posted in Europe, Patents at 12:09 am by Dr. Roy Schestowitz

No examination necessary (almost)

EPO incest

Summary: The patent office of Europe disregards laws pertaining to patent scope; the sole goal is to grant as many patents as possible

PUBLISHED BY Watchtroll yesterday was an article entitled “Latest CAFC [Federal Circuit] Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 [35 U.S.C. § 101, based on SCOTUS] Guidance Holds Little Weight” and it’s about that old stunt from the Director of the U.S. Patent and Trademark Office (USPTO), who got 'dissed' by judges for his efforts to work around them. There’s an analogy here — one that ought to be made and emphasised. The European Patent Office (EPO) has long ignored if not attacked judges. Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts. What matters more? Profits or the law? Can profit be made at the expense of the law? Put another way, can the law be violated in order to increase profits (for the Office)?

“Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts.”Antonella Gentile, over at IP Kat, cited Watchtroll the same day when dealing with software patents in Europe (disguised as “AI” under the António Campinos administration). To quote: “The IPWatchdog [Watchtroll] analyses the European Patent Office’s new guidance for examination for AI and ML patent applications (issued in November 2018) and the U.S. Patent and Trademark Office’s revised guidance directed to what constitutes patent eligible subject matter under 35 U.S.C. §101 (issued in January 2019) and considers how these guidance will shape the examination of Artificial Intelligence Inventions.”

IP Kat, in an earlier post, also mentioned the violation of the EPC for the sake of patent maximalists:

In Purity can be unconventional, a new position for the EPO boards of appeal (T 1085/13), GuestKat Rose Hughes takes a look at a recent decision by the EPO Technical Boards of Appeal which departs from previous boards on how the novelty of the increased purity of a known compound is to be assessed. Rose also discusses the technical board of appeal’s decision following the decision T-1063/18 and concerning the power of the EPO’s Administrative Council to amend the EPC using the Rules. Finally, Rose reports on a new question of double-patenting being referred to the Enlarged Board of Appeal (EBA).

We are saddened to see what the EPO as a whole (as in the Organisation) has turned into. It became a sad comedy (or even satire) of duplicate patents and patents on humans and animals. See this press release which has just resurfaced in the news. Patents on “Human and Animals Cells”. Similarly, in the United States, take note of this shameless self-promotion from yesterday. McDonnell Boehnen Hulbert & Berghoff LLP (the people behind Patent Docs) are rabid promoters of patents on life and nature (because they profit from pillage of what’s natural!), so how can this event be regarded as balanced? It’s propaganda/lobbying.

“The situation in INPI really mirrors the EPO’s mentality, where patents now boil down to a numbers “game” (or “competition”) irrespective of underlying quality/validity.”In an effort to bypass the courts (external to the EPO) Team Battistelli hoped to prop up the UPC. It failed. 4 years ago in the EPO’s PR stunts (warning: epo.org link) of Benoît Battistelli they said: “It is hoped that the first unitary patent could be seen as early as the second half of 2016.”

It never happened. Never will (probably). What Battistelli hoped for is a sort of “leap” above justice. Patents would be granted without proper scrutiny and then asserted without a proper legal process. Good for plaintiffs, surely, but not for anybody else. Think of INPI in France. There’s no patent examination there; everything that applicants file gets registered as patents (as long as basic standards are adhered to).

A few days ago we spotted this puff piece about Valeo. It says that “Valeo remains France’s leading patent filer for third year in a row,” but with no patent examination this is such a meaningless number. To quote:

For the third year running, Valeo has taken first place in France’s INPI industrial property institute rankings, with 1,355 patents published in 2018, versus 1,110 in 2017, consolidating its position as the most innovative company in France.

So it is “most innovative company in France” for filing a bunch of papers nobody even scrutinised? Really?

The situation in INPI really mirrors the EPO’s mentality, where patents now boil down to a numbers “game” (or “competition”) irrespective of underlying quality/validity.

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. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  2. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  3. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  4. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  5. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  6. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  7. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  8. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  9. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  10. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  11. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  12. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  13. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  14. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  15. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  16. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  17. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  18. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  19. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  20. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  21. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  22. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  23. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  24. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  25. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  26. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  27. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  28. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  29. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  30. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022


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