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

07.07.19

Higher Patent Quality and More Patent Justice Rather Than Buzzwords and Litigation

Posted in Europe, Patents at 6:09 am by Dr. Roy Schestowitz

I wanted to cure my patients but 'award-winning' patents stood in my way

Summary: The system entrusted to deal with the advancement of science and betterment of society has been more or less hijacked and exploited by a new industry, whose sole interest is making a lot of money through litigation or threats of litigation (muted settlements outside the court system, i.e. extrajudicial)

THE WORLD has many perils and profound issues. There are deepening crises. Putting aside the political chaos that sweeps across the planet and not even mentioning environmental aspects, let’s look at what happens in science and various technological disciplines. Many people are nowadays treated poorly and valued by the amount of data collected from them (so-called ‘surveillance capitalism’); a lot of so-called ‘innovation’ — surely an exaggerated buzzword rather than real substance — is centered around social control, i.e. autocratic tendencies. Patent offices often resort to greenwashing, pretending to themselves (and sometimes to the public) that they seek to protect the planet and guard us from pollution, death etc. In reality, however, just granting more and more patents (in effect monopolies) won’t help the proliferation of “green tech” (another buzzword/phrase they love). I myself am not against patents (I personally know some people who are, absolutely, even though they have loads of patents themselves), I’m only against patent maximalism, seeing what it tends to lead to. I’ve been writing on the subject since I was about 20. It’s not new to me.

“I’m only against patent maximalism, seeing what it tends to lead to. I’ve been writing on the subject since I was about 20. It’s not new to me.”As we mentioned last week, nowadays there are patents on life and genetics (or genome, DNA, you name it). For life? On life? Whose monopoly? Who even ‘invented’ life? Religious people might say something different from and less scientific than evolutionists, but that’s not the point; the question of patenting such things is one both groups can agree on. Watch what the EPO is doing:

Ares Genetics GmbH – a subsidiary of molecular diagnostic developer Curetis N.V. has reportedly been granted a patent from the European Patent Office (EPO) dubbed ‘Genetic Resistance Testing’.

How far does it go? We very recently revisited the ethical issues associated with patents on cancer treatment. Good luck explaining to patients that patents are more important than them!

“Good luck explaining to patients that patents are more important than them!”A site called “Mighty Gadget” (never seen it before!) has just published this pure spam for Withers (with a link even!), a law firm that’s promoting illegal patents on algorithms. It’s promoting the "hey hi" (AI) nonsense, citing “the WIPO Technology Trends report, which also reveals that IBM currently has the largest portfolio of AI patent applications with 8,290.” Fake software patents in Europe disguised as “hey hi”/”HEY HI” (we need to ridicule these buzzwords) by the Campinos/Battistelli regime (the European Patent Office and US Patent and Trademark Office both use this buzzword these days, but the former seemingly influenced the latter before WIPO did the same). To quote:

Since the emergence of rudimentary artificial intelligence (AI) technology in the 1950s, nearly 340,000 related inventions have been filed for patent.

This is according to the WIPO Technology Trends report, which also reveals that IBM currently has the largest portfolio of AI patent applications with 8,290.

But just how patentable are AI inventions and machine learning, and how does the process work in Europe?

What are the Guidelines for Examination with the EPO?

As we’ve already said, the number of AI-based patent applications is continuing to rise, with the European Patent Office (EPO) also revealing an increase in the amount of applications pertaining to programmed computer inventions.

Given this slew of AI and machine learning patent applications, it should come as no surprise that the EPO has recently updated its Guidelines for Examination. Many would argue that this update was long overdue, with attorneys suggesting that some patents have been unnecessarily delayed due to outdated and analogue guidelines.

The new body of legislation makes it clear that the EPO intends to treat AI and machine technologies as forms of mathematical method. Mathematical methods currently appear on the list of non-inventions defined by art, which are technically unpatentable due to their nature.

However, a mathematical method may also be tied to the control of a specific working system or process, and in this respect it can gain technical character.

In this instance, a mathematical method moves out of the exclusion zone and into the realm of being a patentable invention, and this provides formal clarification of the position that the EPO has always adopted.

They basically went back and scanned all sorts of old patents, re-classifying them as “AI” to make it sound as though it’s OK to grant a patent on software provided it uses the ‘right’ terms (lexical trickery). It’s an incredible and incredulous propaganda campaign of patent maximalists. What would court say if these patents were to reach actual courts? We’ve already seen many of these axed.

“If patent law exists to advance science, then at the moment it does a truly terrible job.”The problem we have at the moment is that large patent offices, especially IP5, grant a lot of patents that courts insist should not be granted (but continue to be granted anyway). This vastly reduces legal certainty that’s associated with patents, so now the patent maximalists try to manipulate politicians, wrestling the laws and bribing people like Coons. In Europe we can see that in UPC. “Explanation given” wrote the following comment last night on the breaking news of a very high British court squashing a key European Patent, noting that patent troll “Conversant’s case is dead if the patent is invalid for added matter, but he still decided on obviousness and sufficiency (and infringement) so that the case can be dealt with in full on appeal.”

Here’s the full comment:

There is nothing in the EPC that prevents a claim from being new and inventive while at the same time infringing Art. 123(2). Just apply the law as it is written. The “effective date” for determining the state of the art for the claimed subject-matter is determined by Articles 54 and 89 EPC. There is nothing in those provisions that prevents the EPO from establishing the relevant state of the art if a claim happens to infringe Article 123(2).

“The part of the claim relating to added subject-matter should however not be there and no effective date can be attributed to it.”

This is pure myth that unfortunately has taken root in the minds of a few EPO examiners. Please cite one passage in the Guidelines or in the Case Law book that supports your position. Again, it is Articles 54 and 89 that determine the relevant state of the art, and those provisions do not require the claim to comply with Article 123(2).

“At the EPO, a claim comprising added subject-matter leads to a refusal in examination or to a revocation in opposition, cf. G 1/93. Such a claim is never compared to any prior art, as it does not have a raison d’être.”

This arrogantly assumes that an opposition division’s decision on 123(2) is always correct and will survive appeal, which has no basis in reality.

If the patent proprietor has an at least arguable case on 123(2) (that did not convince the OD but still might convince the BoA), there is nothing to stop the OD from continuing with inventive step (even though it is not obliged to do so). Then if the BoA on appeal agrees with the patent proprietor on 123(2), a remittal for examining inventive step has been avoided.

This is how the English courts deal with cases. Justice Arnold was well aware that Conversant’s case is dead if the patent is invalid for added matter, but he still decided on obviousness and sufficiency (and infringement) so that the case can be dealt with in full on appeal. There is no legal reason why EPO divisions could not do the same.

We’re in a sad state right now because patent offices grant patents which they know they should not grant; they do so anyway because of greed and trolls like Conversant (above) exploit that for blackmail purposes. If patent law exists to advance science, then at the moment it does a truly terrible job.

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. Links 19/9/2019: German Federal Ministry of the Interior Wants FOSS, Top Snaps Named

    Links for the day



  2. Buying the Voices of 'Linux' People to Repeat Microsoft's Talking Points While Removing Our Icons and Leaders (Calling Them Sexist)

    The dirty games leveraged by several companies including Microsoft target charismatic people who are essential for morale and leadership; these tactics aren't particularly novel



  3. When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

    The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels



  4. Links 19/9/2019: Samba 4.11.0 and Kubernetes 1.16

    Links for the day



  5. Update on Koch v EPO: Internal Appeals Committee (IAC) Composition Still Likely Illegal

    An important EPO case, concerning a dismissed staff representative, shows what ILO-AT and the EPO's Internal Appeals Committee boil down to



  6. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  7. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  8. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  9. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  10. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  11. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  12. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  13. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  14. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  15. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  16. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  17. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  18. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  19. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  20. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  21. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  22. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  23. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  24. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  25. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  26. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  27. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  28. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  29. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  30. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 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