Bonum Certa Men Certa

Patent Maximalists Are Enabling Injustices and Frauds

Last year: The Enemies of the Patent System Are Patent Maximalists, Not Those Pursuing Saner Patent Policy

Theranos and EPO



Summary: It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots

THE SITE TECHRIGHTS has long been a fan of patent quality. We're not against patents; instead, we'd rather defend the integrity of patent law by ensuring that patents are only ever granted when it's justified (for practical, economic and scientific reasons). Publication is often better than secrecy (trade secrets), so patents are a form of incentive to publish closely-guarded secrets. We're OK with that.

António Campinos with his promotion of software patents in Europe is a stain on the European Patent Office's (EPO) reputation or what's left of its reputation. As we've just noted, even the US rapidly moved away from such patents over the past few years. It realised, owing to high courts, that patents must not cover natural phenomena and mathematics. Shouldn't that be trivial? Nature is not an invention; neither are laws of nature. They were never invented, merely explained.

"They're a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are 'echo chambers' (no sceptics are allowed to even speak). It's like a religion."Patent maximalists will never have "enough" patents; for them (or to their business), the more the merrier! It's totally insane. They're a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are 'echo chambers' (no sceptics are allowed to even speak). It's like a religion. Bigger than a cult and better financed/coordinated than most cults.

Yesterday we wrote about how Team UPC's lies have even landed in magazines. These people completely distort facts and recklessly spread lies. Their gospel would be laughable if its impact wasn't quite so corrosive to the rule of law in Europe. Bristows LLP's Liz Cohen is now seemingly writing about herself as a third person: "If you’ve missed the fall issue of ABA’s International Law News, you may want to read up Liz Cohen’s view of the future of the Unified Patent Court..." (UPC)

Check out the headline; Liz Cohen writes an article titled Liz Cohen about an article by Liz Cohen. They've found their "God" in Bristows. God complex much? The verge of insanity?

"These people completely distort facts and recklessly spread lies."It's worth noting that Bristows staff at IP Kat no longer even mentions the UPC. It's rather revealing. Maybe they got tired of comments that slam them for lying about the UPC. In fact, readers of the site are still (as recently as Friday) calling out CIPA for the PEB scam that IP Kat was promoting. CIPA is of course a major part of the Team UPC lobby, mostly but not only in the UK (where IP Kat is based). Not too long ago the chief of CIPA was editing IP Kat while meeting with Battistelli, which partly helps explain the 'death' of "Merpel" (i.e. of coverage about EPO abuses).

This CIPA/PEB scandal has already attracted about (maybe over) 200 comments in the past month alone; we've lost count because the comments are scattered or clustered around a few separate threads, having caused a major stir. The patent microcosm is now fighting even within itself, so get some popcorn and enjoy the show. We've noticed that some people in this profession sincerely pursue sanity (reasonable patent scope), whereas others are "true believers" in patent maximalism. Team UPC, for example, often gets slammed by more moderate voices, whom we appreciate. Not every patent attorney is as radical as the Watchtroll bunch or IAM bunch* and we've in fact noticed some 'good cops' in Kluwer Patent Blog (Bausch comes to mind).

"Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli."Just before the weekend, Lexology published this self-promotional piece from Barker Brettell LLP's Gurpreet Solanki. It's about EPO patentability as per patent scope (not that the EPO obeys the law in that regard) and it says "plausibility originates in the EPO case law as a response to overly-broad claims and to prevent speculative claiming."

Remember 'Teffgate'? It was all over the Dutch media earlier this year. This is what Solanki wrote:

Problems can also occur if a lack of plausibility is raised in cases where the specification filed lacks data demonstrating that a technical effect is plausibly solved. In such scenarios, the patentee can find themselves in a squeeze: relying on prior art or common general knowledge to demonstrate plausibility at the date of filing with the risk of the EPO finding a lack of inventive step based on the same prior art or common general knowledge. However, reference to prior art or common general knowledge in support of plausibility may not necessarily lead to a lack of inventive step objection. This is because plausibility is a threshold test which is not assessed in the same manner as whether an invention is considered obvious to try with a reasonable expectation of success. On the other hand if there is no prior art or common general knowledge to establish plausibility, the technical effect may not be considered to be plausibly solved.

It is therefore advisable when considering a patent filing strategy to provide as much information as possible with respect to technical advantages of the invention, which includes any experimental data at the date of filing. In the absence of adequate experimental results, additional effort should be put into the construction of a robust technical explanation for the purported technical effect which overcomes the plausibility threshold, thereby enabling the patentee to later rely on post-published evidence to demonstrate sufficiency.


Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli. Yes, we're talking about Theranos. ____ * The latest from IAM policy lobbying ("blog") says that "EPO presidency seems determined to exclude plants produced by biological processes from patent protection." IAM calls this a "controversial" move and says the "intervention is unlikely to succeed," which is unsurprising. It's only controversial among the patent maximalists who fund IAM and the reason the intervention will likely be ineffective is that the appeal boards lack independence.

Recent Techrights' Posts

Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
 
Techrights Has Dealt With More Potent SLAPPs Than Violent Microsofters Begging to Hide What They Did to Women
I became accustomed to SLAPPs
Links 04/04/2025: Fury in South Korea, Flight MH370 Remains Mystery
Links for the day
Gemini Links 04/04/2025: Anger and Raspberry Pi CM4
Links for the day
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web