EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.18.19

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

Posted in Europe, Patents at 4:33 am by Dr. Roy Schestowitz

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).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  2. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  3. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  4. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  5. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  6. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  7. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  8. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  9. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day



  10. Links 17/8/2019: Unigine 2.9 and Git 2.23

    Links for the day



  11. Computer-Generated Patent Applications Show That Patents and Innovations Are Very Different Things

    The 'cheapening' of the concept of 'inventor' (or 'invention') undermines the whole foundation/basis of the patent system and deep inside patent law firms know it



  12. Concerns About IBM's Commitment to OpenSource.com After the Fall of Linux.com and Linux Journal

    The Web site OpenSource.com is over two decades old; in its current form it's about a decade old and it contains plenty of good articles, but will IBM think so too and, if so, will investment in the site carry on?



  13. Electronic Frontier Foundation Makes a Mistake by Giving Award to Microsoft Surveillance Person

    At age 30 (almost) the Electronic Frontier Foundation still campaigns for privacy; so why does it grant awards to enemies of privacy?



  14. Caturdays and Sundays at Techrights Will Get Busier

    Our plan to spend the weekends writing more articles about Software Freedom; it seems like a high-priority issue



  15. Why Techrights Doesn't Do Social Control Media

    Being managed and censored by platform owners (sometimes their shareholders) isn’t an alluring proposition when a site challenges conformist norms and the status quo; Techrights belongs in a platform of its own



  16. Patent Prosecution Highways and Examination Highways Are Dooming the EPO

    Speed is not a measure of quality; but today's EPO is just trying to get as much money as possible, as fast as possible (before the whole thing implodes)



  17. Software Patents Won't Come Back Just Because They're (Re)Framed/Branded as "HEY HI" (AI)

    The pattern we've been observing in recent years is, patent applicants and law firms simply rewrite applications to make these seem patent-eligible on the surface (owing to deliberate deception) and patent offices facilitate these loopholes in order to fake 'growth'



  18. IP Kat Pays the Price for Being a Megaphone of Team UPC

    The typical or the usual suspects speak out about the so-called 'prospects' (with delusions of inevitability) of the Unified Patent Court Agreement, neglecting to account for their own longterm credibility



  19. Links 17/8/2019: Wine 4.14 is Out, Debian Celebrates 26 years

    Links for the day



  20. Nothing Says 'New' Microsoft Like Microsoft Component Firmware Update (More Hardware Lock-in)

    Vicious old Microsoft is still trying to make life very hard for GNU/Linux, especially in the OEM channel/s, but we're somehow supposed to think that "Microsoft loves Linux"



  21. Bill Gates and His Special Relationship With Jeffrey Epstein Still Stirring Speculations

    Love of the "children" has long been a controversial subject for Microsoft; can Bill Gates and his connections to Jeffrey Epstein unearth some unsavoury secrets?



  22. Links 16/8/2019: Kdevops and QEMU 4.1

    Links for the day



  23. The EPO's War on the Convention on the Grant of European Patents 2000 (EPC 2000), Not Just Brexit, Kills the Unitary Patent (UP/UPC) and Dooms Justice

    Team UPC continues to ignore the utter failures that have led to lawlessness at the EPO, attributing the demise of the Unified Patent Court (UPC) to Brexit alone and pretending that it's not even a problem



  24. Links 15/8/2019: GNOME's Birthday, LLVM 9.0 RC2

    Links for the day



  25. 'Foundation' Hype Spreads in China

    Nonprofits seem to have become more of a business loophole than a charitable endeavour; the problem is, this erodes confidence in legitimate Free software and good causes



  26. Links Are Not Endorsements

    If the only alternative is to say nothing and link to nothing, then we have a problem; a lot of people still assume that because someone links to something it therefore implies agreement and consent



  27. The Myth of 'Professionalism'

    Perception of professionalism, a vehicle or a motivation for making Linux more 'corporate-friendly' (i.e. owned by corporations), is a growing threat to Software Freedom inside Linux, as well as freedom of speech and many other things



  28. Links 14/8/2019: Best Chromebooks, EPEL 8.0, LibreOffice 6.2.6

    Links for the day



  29. Being in Favour of Free/Libre Open Source Software Means Rejecting Software Patents

    Those who believe in Software Freedom cannot at the same time believe that software patents are desirable; we've sadly come to a point where many companies that dominate so-called 'Open Source' groups actively lobby for such patents, in effect betraying the community they claim to be a part of



  30. Links 14/8/2019: Apache Evaluated, HardenedBSD Has New Release

    Links for the day


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