Bonum Certa Men Certa

The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

While paying everyone 'in the loop' to manufacture consent (e.g. paying publishers for 'studies' on "4IR" and spreading that around)

António Campinos FTI



Summary: Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line

We wrongly assumed that the very worst had been left behind. But Europe's second-largest body is bribing academia still, under the new and 'improved' President. This isn't about supporting science and/or education. We consider that to be a form of 'soft' bribery, kick-started yet again for bogus, biased 'research' that serves as ammo for corrupt EPO management that keeps violating the law. The EPO has tweeted about it again, framing it as some sort of 'charitable' endeavour. This is something Battistelli did a couple of years ago. He had done similar things beforehand and also paid EPO budget to universities in the UK and the US (yes, even outside Europe) to produce UPC lobbying material. It was so grotesque that we wrote many articles about that at the time. Such EPO-sponsored 'studies' help distract from independent and honest ones. Even the media is being bribed for 'studies', so can it cover EPO scandals anymore?



"Notice the growing number of buzzwords the EPO throws out there to justify granting patents in clear violation of the EPC."The same thing happens in the US because of the private sector (meddling in the affairs of courts and the USPTO), but here we have the European Patent Office (EPO) under António Campinos pushing toxic and likely illegal agenda such as software patents in Europe. How much longer can this go on and should it be permitted to go on?

News wires show us all sorts of newly-granted EPs that may in fact be "IPs" (invalid patents) or fake patents. We don't know for sure about every single domain, but software is our expertise and now we have another new article about "blockchain" patents that are actually just software patents. In "How Europe and China handle blockchain patents," published just now, Kirwin Lee of Haseltine Lake admits (in her own words and the EPO's own words that blockchain patents are just fake patents or IPs). Here are a few paragraphs, comparing the EPO's policy to China's (yes, China):

Blockchain inventions are regarded by the EPO as a type of computer implemented invention (CII). Mr Koen Lievens, Operational Director at the office, pointed out that in order to provide further legal certainty on the examination practice of CIIs, the Guidelines for Examination at the EPO have been revised thoroughly over the past three years on the basis of the case law of the Boards of Appeal.

The latest version of the Guidelines was published in November 2018, and its revisions include important improvements on guidance with regard to the eligibility of CII. The newest revisions are seen as the EPO’s attempt to establish a more harmonised and predictable approach across all computer implemented inventions.

[...]

In China, claims related to improved blockchain related algorithmic methods per se are not excluded from patentability, as long as they are defined as being carried out by a computer or a device (akin to EPO’s “first hurdle” as explained above). By contrast, pure algorithms, such as mining methods, would typically be refused under Article 25, which prohibits inventions for “rules and methods for intellectual activities”.

One of the major divergences between European and Chinese patent examination concerns the subject-matter that would be regarded as being “detrimental to public interests” (which is equivalent to “matter contrary to "ordre public" or morality as stipulated in Article 53(a) EPC).

This was demonstrated by way of a case study in the conference session, in which Ms Wang explained that inventions related to virtual currencies or cryptocurrencies (eg bitcoin) would be perceived as being detrimental to public interests for posing a potential threat to the stability of the nation’s financial and monetary system.

Since its crackdown on cryptocurrencies in 2017, the Chinese government has maintained a relatively strict stance on the financial use of blockchain technology. Accordingly, claims covering the application of blockchain technology in the financial domain would unlikely to be allowed under Article 5 of the Chinese Patent Law which stipulates that inventions that “harm public interests” are not to be allowed.


The EPO has also just tweeted: "Blockchain technology could benefit patenting and licensing processes on a global scale. You can read about that, and other interesting ideas that we discussed at our recent conference on #blockchain, here..."

"Today's EPO is a very sordid mess that consciously grants IPs, invalid patents. Even the staff union admits so..."They also promoted patents on all things "blockchain", which sometimes means just some program with a database (may be distributed, but nothing particularly innovative and unprecedented there). They also returned to that the "SDV" nonsense in this other tweet: "A study by @EPOorg shows a sharp rise in #patent applications for self-driving vehicles in Europe."

A 'study'; they keep paying publishers and academics for bogus 'studies' that accomplish nothing except serve lobbying material to the EPO. They have also just published this 'news' about a lobbying event dubbed "medtech" (openly promoting illegal software patents, calling them "medical" and "for SMEs"). In their own words, with "CII" in the headline: (warning: epo.org link)

The EPO and the Swedish Patent and Registration Office (PRV) jointly hosted the first in a series of events on computer-implemented inventions in medical technology last week in Lund, Sweden. The conference, which focused on the importance of patents for small and mid-sized companies, was attended by participants and speakers from SMEs and start-ups, industry, universities, public research institutes, patent offices and regulatory bodies from over a dozen countries.

Medical technology was the field with the highest number of European patent applications last year, according to the EPO Annual Report 2018. As with many other technical fields, the impact of computer-implemented inventions is being strongly felt in this area. With this event, the EPO and the PRV aimed to raise awareness among businesses of the value of patents and IP strategies, and highlight how patent offices can contribute by providing the necessary knowledge and tools. Similar events are planned in other cities in Sweden and across Europe.


We warned about this event about a dozen times before (when they advertised it). Notice the growing number of buzzwords the EPO throws out there to justify granting patents in clear violation of the EPC.

Meanwhile, Mark Scott (Dehns, Team UPC) writes about appeals, knowing that there's a soaring number of oppositions (Haseltine Lake wrote about it last year) and subsequently appeals that the EPO Boards of Appeal are understaffed and badly equipped to deal with (they don't even enjoy basic judicial independence):

Over the last few years, the EPO Boards of Appeal have become more strict regarding the late filing of new facts, evidence or requests. The Boards are expected to become even more strict when the new Rules of Procedure of the Board of Appeal enter into force (possibly in early 2020).

A recent decision by the Board in T47/18 confirms that even under the current Rules of Procedure, parties before the EPO should not expect late-filed facts, evidence or requests to be admitted in appeal proceedings.

In the case under consideration in T47/18, the opponent only raised inventive step objections in their grounds of appeal. After the parties had been summoned to oral proceedings, the opponent then raised new lack of clarity and added-matter objections against claims that had already been considered during the opposition proceedings.

The Board exercised their discretion not to admit the new grounds into the proceedings, on the basis that new objections which were not raised in the of grounds of appeal are considered to be an amendment to a party's case.

In particular, the Board felt that the new submissions from the opponent went beyond the submissions serving to underpin the facts, evidence and grounds filed in good time, and were based on new legal grounds not previously addressed in the appeal proceedings.


Today's EPO is a very sordid mess that consciously grants IPs, invalid patents. Even the staff union admits so (see below).

EPO delivery
Campinos Presidency, 9 months and no delivery. Published Tuesday by SUEPO, the staff union of the European Patent Office (EPO).

Recent Techrights' Posts

IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
 
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025