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

06.09.19

Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

Posted in Europe, Patents at 9:44 am by Dr. Roy Schestowitz

The “big litigation” lobby

Red hat on a girl

Summary: The corporate media and large companies don’t speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents — abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the “big litigation” lobby and EPO management that’s granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)

THE MEDIA coverage about patents is deeply depressing because the publication houses that cover the subject are either owned by law firms or have law firms as subscribers/sponsors. This means that rarely do we witness dissent/objection to the status quo, especially in the corporate media. It also censors comments.

Law Gazette and Managing IP's role in UPC promotion and patent maximlism was noted here previously and IAM is even worse than these; right now it’s glorifying Roche patents that are likely responsible for the deaths of many poor people. Yesterday we discovered that Max Walters now works for patent maximalists (Managing IP) rather than that law firm-owned ‘news’ site (Law Gazette); speaking only to lawyers, as usual, instead of for lawyers. “Germany’s top court has refused a request for a compulsory licence, a decision that reaffirms the high bar that must be met, according to German and UK lawyers,” says the summary. And according to everybody else, what is it? One of their writers recently confronted me about this, insisting that because their target audience is only lawyers then it’s OK to just ignore everybody’s views that don’t agree with lawyers’.

“We duly take note of the fact that Bristows continues its silent ‘takeover’ or exploitation of IP Kat in order to promote patent trolls’ agenda, including the UPC, usually through Annsley Merelle Ward.”Sadly, the same has happened to IP Kat for a number of years; they have less objectivity or fewer scholars and more lawyers as their writers. They’re now publishing lies for 4iP Council (via Bristows). It’s “courtesy of Axel Ferrazzini (Managing Director of 4iP Council)” says an article titled “The Higher District Court of Düsseldorf in [patent troll] Unwired Planet puts some further constraints on SEP owners” [sic] (the article is full of misnomers and euphemisms, just like the title).

We duly take note of the fact that Bristows continues its silent ‘takeover’ or exploitation of IP Kat in order to promote patent trolls’ agenda, including the UPC, usually through Annsley Merelle Ward. It’s very, very sad as IP Kat did some good work covering European Patents/EPO issues (years ago when it was composed by very different people). It routinely brought up patent quality as well. What is it now if not a parrot of the status quo? Over the past few months we saw only one comment about EPO scandals in there (it was posted a few days ago).

Remember Heise covering EPO scandals? Yes, they did that routinely. A German-speaking person brought this new article to my attention last night (it’s dated yesterday and has plenty of comments):

#NotNice #AI (sic!) as a #swpat #Backdoor ! cc: @schestowitz

Headline: more US pat’s on GER/EU

Künstliche Intelligenz: Deutschland weit hinter USA

US-Unternehmen reichten 2018 doppelt so viele KI-Patente in Deutschland ein wie einheimische Firmen, die in Fahrzeugtechnik und Erkennungssystemen führend sind.

https://www.heise.de/newsticker/meldung/Kuenstliche-Intelligenz-Deutschland-weit-hinter-USA-4442899.html

Yes, “AI” again. Hey hi, hey hi, hey hi!

On Friday the EPO tweeted: “The Advanced Driver Assistance System developed by this Israeli computer scientist & his team at @Mobileye uses a single-lens camera & cutting-edge AI to spot & avoid traffic hazards in real time.”

“Those patents aren’t even valid (courts would reject them).”By “cutting-edge AI” they mean yet more software patents in Europe and nowadays they want to give awards for fake patents on software (not valid). It’s not just this tweet; there have been lots more like it over the past week or two (a bit repetitive even), wherein the EPO was glorifying such patents and offering special awards for these. Those patents aren’t even valid (courts would reject them). Will Battistelli think differently from courts? We shall find out soon.

European Inventor judges
EPO President António Campinos (or his ‘brilliant’ team) made Battistelli a judge (see image at the top, with the notorious politician suitably dressed for his cold heart)

Last night we caught Sara Moran’s summary of a decision from the Court of Appeal of England and Wales (Civil Division), we assume regarding a British patent (UK-IPO grants these) or more fake European Patents (typically rejected by courts only after lots of money had been wasted on predatory lawyers who love such litigation mess). Outside the paywall it uses language similar to what we often hear/read at the EPO (e.g. “added matter” and “inventive step”): “The Court of Appeal dismissed Synthon’s appeal against the Patent Court’s finding that the patent in suit did involve an inventive step over the prior art, and Teva’s appeal against the Court’s finding that certain claims of the patent were invalid for added matter.”

“Such outcomes don’t suit the agenda of patent maximalists, so they usually just look the other way, hoping that their clients won’t notice (as it would harm their confidence in such patents and lawsuits).”Every week we find at least one case of European Patents perishing in courts (at great expense to the defendant). But the media almost never covers that; we need to rely on press releases, sporadic blog posts and so on. Such outcomes don’t suit the agenda of patent maximalists, so they usually just look the other way, hoping that their clients won’t notice (as it would harm their confidence in such patents and lawsuits).

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

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  2. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  3. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  4. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  5. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  6. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  7. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  8. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  9. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  10. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  11. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  12. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  13. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  14. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  15. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  16. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  17. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  18. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  19. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  20. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  21. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  22. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  23. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  24. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  25. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”



  26. Chapter 9: Ownership Through Branding -- Change the Names, and Change the World

    The goal for those fighting against Open source, against the true openness (let's call it the yet unexploited opportunities) of Open source, has to be first to figuratively own the Linux brand, then literally own or destroy the brand, then to move the public awareness of the Linux brand to something like Azure, or whatever IBM is going to do with Red Hat.



  27. Links 10/6/2019: VLC 3.0.7, KDE Future Plans

    Links for the day



  28. Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

    The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)



  29. Corporate Front Groups Like OIN and the Linux Foundation Need to Combat Software Patents If They Really Care About Linux

    The absurdity of having groups that claim to defend Linux but in practice defend software patents, if not actively then passively (by refusing to comment on this matter)



  30. Links 9/6/2019: Arrest of Microsoft Peter, Linux 5.2 RC4, Ubuntu Touch Update

    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