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. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  2. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  3. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  4. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  5. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  6. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  7. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  8. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  9. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  10. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  11. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  12. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  13. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day



  14. Links 23/9/2021: More UPC PR Stunts and IBM (Poettering) TPM for Linux

    Links for the day



  15. The EPO is on the Run (Escaping Negative Press Coverage)

    Aside from tens of millions of euros granted to media and academia (to keep them complicit or silent about EPO corruption, which also implicates the EU) there’s also SLAPP and threats against staff representatives; but Members of the European Parliament are becoming interested in what’s really going on in Europe’s second-largest institution, so this utter waste of EPO money (manipulating the press and gaming universities’ research) might in itself become a scandal sooner or later



  16. [Meme] Lowering the Standards...

    It's time for another round of fluff at the EPO, this time without even travelling (PR-over-'ViCo')



  17. Gemini HTTP/HTML/Web Proxies and Self-Hosting Your Own Proxy

    Gemini protocol (gemini://) and the fast-growing Geminispace (expected to exceed 2,000 known capsules by year’s end, in effect quadrupling in a single year!) are possible to access using Web browsers, at least for those who do not have Gemini clients/browsers just yet; today we examine and give an outline of the options



  18. IRC Proceedings: Wednesday, September 22, 2021

    IRC logs for Wednesday, September 22, 2021



  19. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  20. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  21. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  22. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  23. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  24. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  25. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  26. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day



  27. [Meme] The EPO-EUIPO “Good Brother” Network

    Jobs as bribes at the EPO and EU(IPO) are a lingering problem



  28. Links 21/9/2021: Samba 4.15 and Ubuntu 14.04/16.04 Support for 10 Years

    Links for the day



  29. Richard Stallman's First Public Talk (Delivered in Person) in Years, Now With a Free Format

    Full talk now available. The organisers of the conference have uploaded to YouTube, so we’ve converted everything to a free/libre format (and last night only an excerpt was published here).



  30. [Meme] The Best Quality Propaganda

    The António Campinos-led EPO is still a never-ending propaganda machine; the media isn’t fact-checking or investigating anything, so of course that propaganda goes largely unchallenged and the propagandists (like Joff Wild) profit from it


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