05.14.19

Gemini version available ♊︎

Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

Posted in Europe, Patents at 3:42 am by Dr. Roy Schestowitz

Putting in doubt the collective legitimacy of such patents.

EPO delivery

Summary: The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty

THE European Patent Office (EPO) very well knows that it is granting a lot of fake patents or IPs (Invalid Patents) rather than European Patents. Like the USPTO, especially in recent decades (35 U.S.C. § 101 has slowed things down a bit), the EPO does not seem to mind patent quality, only raw numbers. António Campinos even promotes illicit software patents in his blog.

“In the European courts, citing the EPC as usual, more European Patents turn out to be invalid.”Years ago we heard stories about European patent examiners who had granted Apple patents against their will (management’s pressure), knowing that Apple is a “big client”, so even though evidence suggests applications ought to be rejected patents get granted anyway. Yesterday a Web site dedicated to Apple patents said this:

Earlier today Patently Apple discovered a patent application from Apple in the European Patent Office database. Digging deeper into the documentation I discovered that Apple had acquired the entire worldwide right, title and interest in the listed patents from Tueo Health Inc. as noted in-part from the document presented below.

Some corporate media then followed, e.g. this one from CBS (ZDNet, a tabloid covering technology):

Apple has acquired a new patent which describes technology able to monitor your health conditions while you are asleep outside of a standard mobile device or smart watch.

As spotted by Patently Apple, a patent registered by the European Patent Office (EPO) reveals the acquisition of a design from Tueo Health Inc.

Part of it is software, but notice how they say “mobile” and “smart”. Innovation, right? What other buzzwords can be added? “Insight for searchers and patent information professionals focuses on AI,” the EPO wrote yesterday. Whenever the EPO says “AI” it typically means invalid/bogus software patents that must not be granted (they would be in violation of the EPC). Sometimes “AI” refers to search (of patent databases), but only sometimes…

“One thing isn’t in doubt though; the lawyers are loving it because they profit from the war.”Another term the EPO likes to name-drop (in the context of search or patenting) is “blockchain” and for this too — like “AI” — the EPO set up a whole event featuring patent trolls. Speaking of trolls, Watchtroll continues to pretend — as recently as yesterday in fact — that software patents are magically OK if one rides hype waves like “blockchain”. And also on the subject of trolls, the patent trolls’ boosters from Bristows (Annsley Merelle Ward) are again pushing the agenda of a Microsoft-armed patent troll (in IP Kat yesterday), MOSAID/Conversant. She gave away her bias in a recent blog post. They — like the EPO — want the trolls of the world to come to Europe; it’s not their problem when innocent parties get dragged into court. The more litigation, the better, irrespective of the underlying merits (or lack thereof).

In the European courts, citing the EPC as usual, more European Patents turn out to be invalid. Vidal-Quadras & Ramon’s Oriol Ramon has just given this example:

By virtue of a Judgement dated 29 March 2019, the Court of Appeal of Barcelona upheld the Judgement of 20 February 2017 ruled by the Commercial Court No. 1 of Barcelona that revoked the Spanish part of European patent EP 1 379 220 (EP’220).

The plaintiff filed proceedings for revocation of EP’220 due to lack of novelty and inventive step.

In the reply to the revocation suit, the patentee did not defend the patent as granted by the EPO but filed a counterclaim based on Article 138.3 EPC limiting the patent and requesting the revocation action to be dismissed and the patent to be maintained as amended.

The plaintiff then petitioned the counterclaim to be dismissed because the patent in its limited version did not meet the requirements for added subject-matter (Article 123.2 EPC) and inventive step (Article 56 EPC), as, according to the prior art, it was still obvious to a person skilled in the art.

[....]

Neither the Order dated 15 October 2018 nor the Judgement mentioned hereby assessed a further issue: Whether a voluntary request for limitation of a European patent can be filed in the national patent offices or whether it must be filed in the EPO in order to preserve, when possible and as a general principle, the unitary text of the European patent (Article 118 EPC). In fact, the Act revising the EPC introduced a central procedure for administrative limitation by the EPO (Article 105 bis EPC): “At the request of the proprietor, the European patent may be revoked or be limited by an amendment of the claims. The request shall be filed with the European Patent Office in accordance with the Implementing Regulations”.

The judgement is not yet final as an appeal in cassation and an extraordinary appeal for procedural infringement have been lodged by the patentee with the Supreme Court.

How much money has already been wasted and will be wasted in the future because of these dubious patents? One thing isn’t in doubt though; the lawyers are loving it because they profit from the war.

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 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."



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

    Links for the day



  3. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  4. 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



  5. 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



  6. [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



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

    Links for the day



  8. 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



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

    Links for the day



  10. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



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

    Links for the day



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

    Links for the day



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

    Links for the day



  14. 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



  15. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



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

    Links for the day



  17. 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).



  18. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  19. 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)



  20. 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



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

    Links for the day



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

    Links for the day



  23. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



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

    Links for the day



  25. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



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

    Links for the day



  27. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  28. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  29. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  30. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos


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