Bonum Certa Men Certa

Who Does the Legal System Really Serve or Favour in European Patent Disputes?

People like myself are being denied access to the underlying facts

Florian on Ericsson
Image credit: Florian Müller



Summary: People who oppose software patents are being denied access to the courts, the media and so on; the EPO keeps getting away with serving patent trolls, e.g. those that are connected to large companies such as Ericsson (as above)

THE existence of software patents in Europe is a threat to all programmers. Why are they being granted? It's illegal. The European Patent Office (EPO) has not had a scientist as President for over a decade now. António Campinos is a former banker, Battistelli is a politician and Brimelow is regarded or considered to be a public servant (vague term). This is a problem because it means that people with no clue are responsible for bad decisions, having perhaps been instructed by (or consulted) law firms, legal departments, and even patent trolls. They barely ever meet any scientists. It's like they don't care about the impact of patents on science and technology -- an impact which is rather intricate.



"It’s like they don’t care about the impact of patents on science and technology — an impact which is rather intricate."Yesterday, responding to this new post that said "IP [sic] has become ever more concentrated into the hands of capitalism’s high temple – the corporation," Australian attorney Mark Summerfield said: "Not only is this true, it is possible to track the transition historically."

He added the following, linking to his blog:

There is data on this in Australia, that I think may be unique globally. Last year I worked with IP Australia to generate data (using a machine learning system) going back over 100 years distinguishing between corporate and individual applicants. The results show a clear transition during the period between the first and second world wars, between dominance of individual applicants (i.e. the inventor as patentee) and corporate applicants (i.e. the employer as patentee).

I think that this data is fascinating, and I would love to see it linked to economic or sociological research. However, there does not seem to have been much interest in this to date.

An article presenting this data (with links to the source) can be found on my blog: https://blog.patentology.com.au/2018/05/new-data-released-by-ip-australia.html


This is a real problem. The patent system has been rigged.

Yesterday, for example, a famous patent blogger (Florian) wrote: "An Ericsson privateer named #OptisWireless opposed a petition I filed last year for access to a Federal Patent Court case file, arguing that I'm "a blogger known for positions critical of the #patent system." Court ruled in favor of my petition: screenshot #privateering #patents" (screenshot at the top).

Ericsson keeps a bunch of these patent trolls around. We wrote about these before. I happen to know that Florian attempted to crack open some more 'worm jars' (secret or scarcely-explored patent disputes in his country) only to be fought by corporate lawyers and judges, who are terrified by people like us, the critics and sceptics. No transparency. Florian had sent me some legal documents to show reactions. It would be jaw-dropping it I didn't already know that it is a system of powerful people; it's a system that discriminates against 'poor' 'activists', unlike greedy and monopoly-centric corporations. The above just serves to show what we patent realists face in a court of law.

Speaking of Ericsson, watch how the patent trolls' lobby (literally funded by trolls), a site called IAM, is publishing Ericsson propaganda (composed by Ericsson itself). They promote a large thicket of bogus patents, mostly software patents, wrapped up using buzzwords such as "IoT" (published Monday at 2PM). Ericsson tries to distance itself from the extortion, so it uses trolls in various parts of Europe to bully just about everyone, even Chinese companies. It's a protection racket.

Where does the EPO stand on all this? Well, yesterday it promoted software patents again, using hype waves as usual. "Over 300 participants from around the world attended our conference on #patentingblockchain," it said.

Benjamin Henrion looked at the cited document [PDF] and quoted "Klaus Haft, attorney-at-law at Hoyng Rokh Monegier, added that open source does not mean patent-free #blockchain #swpats …"

Software patents and "open source" (Free/libre software) can never coexist and they know it. IBM-centric and Microsoft-connected front groups lie to us about it.

Meanwhile, the EPO is also intentionally conflating inventions with patents. It does so every single day (almost) and yesterday it wrote: "This guide is intended to help you avoid many of the common mistakes associated with inventions" (they mean patents).

Words like "inventions" are commonly being misused by these people. Here is an example from yesterday (article titled "Pam Bryer: Scots have never lost the urge to invent"). The corporate media is really that awful* and it is not being composed by journalists.

The Scotsman is regularly used for patent propaganda (marketing/sales as "news"), usually from Marks & Clerk LLP. This includes software patents promotion and lawyers' lies about UPC prospects. We covered that before and named The Scotsman as a culprit. Generally, this so-called 'news' paper may be good in other sections, but by posting such crap it does its reputation a great disservice. In this case, patent extremists smear Scotland to cause Scots to come to their employer, Marks & Clerk LLP, and ask for patents (thinking it's the same as inventions). Just look at the insulting headline. It's worth noting that only at the very end the disclosure comes: "Pam Bryer is a patent attorney for Marks & Clerk LLP" (so it is marketing and should be labeled as such).

Novagraaf's Philippe Vigand has meanwhile written about the EPO getting another chance to eliminate software for good. "The EPO’s Enlarged Board of Appeal is to consider the patentability of computer-implemented inventions in the context of appeal T0489/14," he wrote. Will he mention that the appeals board lacks independence and may therefore not be able to judge impartially? An issue that the judges themselves keep complaining about? _____ * We've just noted the lack of coverage about EPO corruption. Due to an 'economic' nature of this greedy society and publication 'industry', a lot of so-called 'news' these days is just "tweets", ads, computer-generated crap, self-promotional nonsense and intentional falsehoods/fabrications with agenda in mind. Really bad state of affairs. Honesty may be dead.

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
 
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day