Bonum Certa Men Certa

Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

Actually it is the case, as SUEPO made very clear (based on internal data)

EPC rantsSummary: Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)

OUR in-depth coverage of European Patent Office (EPO) affairs is over 5 years old. We had covered the EPO prior to that, but not as frequently. We nowadays have pretty deep insights, valuable contacts and a good understanding of the issues. We're fine with attorneys/lawyers not liking us. Some of them accept what we're arguing, whereas others find it "offensive". We can't please everyone, but we can at least keep honest. We're sincere, sometimes brutally (for some).



"We don't try to discourage dissent against us; we're all for free speech. But free speech also means the right to defend oneself -- something IP Kat urgently needs teaching itself about."We don't typically write this kind of post, but SUEPO currently links to a Kluwer article from Team UPC, where the majority of comments mention Techrights in one form or another. There's one person there who always claims to sort of agree while at the same time, perpetually, always bashing us. We've noticed the same in IP Kat and another site. It's usually the same person and it often boils down to our view/s on patent scope.

In short, arguing that the EPC is OK with software patents is intellectually dishonest; that's simply untrue. And no, calling it "HEY HI" (AI) won't change that; I've done "AI" since my early 20s, I know how that works. I wrote code to that effect.

The law is pretty clear about software patents. So are the courts. So is the European Parliament. But we suppose those who make a living from such patents are in denial about it (for the same reason Team UPC is in denial about the collapse of UPC/A).

We don't try to discourage dissent against us; we're all for free speech. But free speech also means the right to defend oneself -- something IP Kat urgently needs teaching itself about. It's also deleting comments critical of the EPO and its management. Not cool...

Earlier today we saw a post about PPH (akin to PACE and other programmes that speed things up; another such programme was mentioned here yesterday). Speed isn't indicative of quality and it's usually detrimental to accuracy, especially when multiple people need to assess a case/application. PPH generally works in favour of software patents in Europe -- patents that are legal neither in Europe nor in Australia. They're looking "to fast-track patent applications," as Paul Whenman and Andrew Gregory have just put it. Their article is about sloppy patent examination designed to just help aggressive patent trolls and equip those looking for sanctions/embargoes (profit by harm and extortion), not innovation. Campinos and Battistelli don't know what innovation is; they're not scientists. In the words of Whenman and Gregory: [via Lexology]

IP Australia became an early participant in the PPH process. Following a successful pilot program with the USPTO, which commenced on 14 April 2008, Australia joined the Global PPH (GPPH). The GPPH initially covered Canada, US, Japan, South Korea, Denmark, Finland, Great Britain, Iceland, Norway, Portugal, Spain and Russia. Subsequently, the New Zealand jurisdiction was added, along with a raft of other particpants.

Although the European Patent Office (EPO) is notably absent from the list of GPPH participants, fortuitously, IP Australia entered into a bilateral agreement with the EPO on 1 July 2016 in order to fast-track patent applications. This agreement provided for a trial period of three years. Given the global significance of the EPO, this was a very welcome and positive development.

[...]

On 1 July 2019 it was announced that the PPH trial between IP Australia and the EPO would continue for a further three years. Additionally, the original GPPH program with the other participant IP offices continues with no indication of curtailment.

This is indeed very good news as applicants will continue to be able to access and gain the benefits of the generous PPH programs operated by IP Australia.


Techrights has long expressed concerns about the EPO putting litigation first; it seems to have forgotten its core values and goals. If it exists to promote science and knowledge, it will give the benefit of the doubt to defendants/alleged infringers. Instead, today's EPO gives many bogus patents to serial plaintiffs/claimants, who may in turn leverage these bogus patents to make bogus (invalid) claims of infringement. Patent trolls absolutely love that.

“On 1 July 2019 it was announced that the PPH trial between IP Australia and the EPO would continue for a further three years.”
      --Paul Whenman and Andrew Gregory
PPH is obviously biased or tilted in favour of plaintiffs, not defendants. Judging by who (or whose groups) today's EPO management likes to associate with and hang out with (in the media it has liaised with Watchtroll), it's crystal clear whose side they're on. How many of today's EPO managers even have a background in science? One is alleged to have faked his diploma, but that's another matter. If a few people have an issue with our EPO coverage not because they disagree about the EPO but about patent scope, maybe it's because they don't do actual coding and can't quite see things with developers' scopes/optics.

Recent Techrights' Posts

Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
 
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025