09.14.19

Illegal/Invalid Patents (IPs) Have Become the ‘Norm’ in Europe

Posted in Europe, Patents at 11:06 am by Dr. Roy Schestowitz

The European Patent Office keeps spitting on the laws which govern it (EPC)

Illegal spit

Summary: 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)

35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) and the EPC at the European Patent Office (EPO) ought to have prevented all sorts of crazy abstract patents or patents on things in nature; but António Campinos follows Battistelli‘s footsteps and only ever strives to increase so-called ‘production’ as measured by things like number of patents granted. This means that bogus European Patents are being granted.

“Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal…”
      –Benjamin Henrion
In response to something we wrote some days ago about Koch v EPO [1, 2, 3, 4] Benjamin Henrion of FFII joked about the FCC (Germany’s Constitutional Court): “Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal…”

Given that the EPO already grants lots of software patents in Europe, one wonders if the EPO is bound by the EPC and Europe’s political system. As recently as days ago the EPO mentioned Fröhlich, a booster of illegal software patents. “Michael Fröhlich,” it said, “our Director European & International Legal Affairs, PCT, will be talking about the most efficient filing strategies at this event. It’s being held in various European cities…”

Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents. We’ve mentioned Fröhlich several times over the years, e.g. in relation to “blockchain” patents.

“Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents.”Lawlessness isn’t limited to the EPO itself. As we’ve shown here many times before, it extends to ILO — a subject we shall revisit some other day. They hide the lawlessness using all sorts of legal maneuvering. It would be good for all EPO staff to become familiar with these tricks. As Henrion put it just before the weekend: “Software patents are excluded from the EPC art52, but the EPO grants them anyway. And even if this case makes jurisprudence in Belgium on that topic, the EPO will ignore it and continue to pollute the market with those pesky patents.”

Henrion also took note of some more propaganda from Bardehle Pagenberg; they constantly promote these illegal patents — something they try to specialise in. Here’s Bardehle Pagenberg’s Bastian Best pushing their sales pitch into hubs right now. So does Kilburn & Strode LLP, which we wrote about earlier today (same hubs).

“Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them “AI” or whatever.”Misleading headlines can now be found in Lexology (original here by Kilburn & Strode LLP’s Thomas Hamer and Matthew Woodhill). It’s a marketing piece by which they try to advance/push fake patents into Europe (where these patent are illegal), riding hype waves and buzzwords such as “AI”. To quote: “A recent report by the Interactive Software Federation of Europe (ISFE) puts the 2018 market size for the video game industry in Europe at €21bn, with a year-on-year growth of 15%. It’s therefore no wonder that the biggest players in the industry want to protect the next generation of hand-held controllers, software and consoles. By looking at publication and grant data for applications at the EPO over the last 10 years, we can observe the technological trends in this time and try to predict what the future might have in store for gamers. [...] The third patent trend: using AI and machine learning (ML) to dynamically improve gameplay.”

Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them “AI” or whatever. Surely they know this, but they just don’t care. Neither does the EPO, whose management actively encourages applicants to call all sorts of things “AI” and then pressures examiners to grant.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  2. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  3. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  4. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  5. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  6. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  7. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  8. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  9. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  10. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  11. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  12. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  13. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  14. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  15. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  16. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring



  17. In 2020 Onwards 'Open Source' is Just a Marketing Ploy of Monopolies, Unlike Free Software

    More people are nowadays seeing or witnessing 'Open Source' for what it truly is; the term has become a misleading marketing term of proprietary software firms looking to rebrand as "ethical" (e.g. by sharing some code with other proprietary software firms, over proprietary platforms such as GitHub)



  18. Microsoft: The Year After We Bought GitHub There Was a Significant Decline in Number of New Projects on GitHub

    Microsoft has just admitted that in 2019 GitHub saw a very significant decline in number of new projects (and users, which it is conveniently miscounting by adding 'phantom' ones) on the site. Just what we had heard before they confirmed it (and they foresaw this effect of the takeover, hence the lies about "loving" Linux).



  19. Social Control Media is a Passing Fad, We Should All Go Back to Blogging and Subscribing to RSS Feeds

    The whole "social control media" phenomenon has been oversold or promoted using lies; in reality, as a mountain of evidence serves to show, it's a way to manage society at a macro scale



  20. As Andrei Iancu Removes Himself From the Patent and Trademark Office All Eyes Are on Biden's Next Nomination

    Patent zealots and their front groups already lobby Joe Biden to put one of them in charge of the U.S. Patent and Trademark Office; we'll soon see if Joe Biden "means business" or simply means monopoly/large corporations (and their law firms/departments)



  21. Data Point: GNU/Linux Share in Desktops/Laptops Nearly Tripled in the Past Decade, Peaking This Past Month (All-Time High)

    Contrary to what some publishers try to tell us, GNU/Linux is still growing and mostly at the expense of Windows



  22. IRC Proceedings: Saturday, January 23, 2021

    IRC logs for Saturday, January 23, 2021



  23. Links 24/1/2021: Nouveau X.Org Driver Release and GhostBSD 21.01.20

    Links for the day



  24. InteLeaks – Part XXX: Harbor Research's Pseudo-scientific 'Research' for Intel, Bizarrely Suggesting a Microsoft Partnership for a Domain Largely Controlled or Dominated by Linux

    The full document that Intel paid for and in turn used to justify cracking down on Free software (obliterating Free software-based workflows inside Intel), instead outsourcing all sorts of things to proprietary software traps of Microsoft



  25. Chromium and Chrome Are Not Free Software But an Example of Microsoft-Fashioned Openwashing Tactics

    It's time to reject Google's Web monopoly (shared with other companies but still an oligopoly); removing its Web browser would be a good start



  26. Links 23/1/2021: Chromium Pains and New Debian Maintainers

    Links for the day



  27. InteLeaks – Part XXIX: Harbor Research Did Not Produce a Study But an Elaborate Hoax for Intel, Suggesting Microsoft Partnership and Outsourcing Based on Zero Evidence and No Solid Rationale

    The pseudo-scientific ‘report’ from Harbor Research is more of the same nonsense we’ve grown accustomed to; unethical if not rogue firms are being paid to lie — or to perpetuate falsehoods which someone stands to gain from



  28. Video: The State of Communities Surrounding GNU/Linux Distributions

    A discussion about the state of volunteer efforts going into the development, maintenance (in the 'maintainership' sense) and support/advocacy of GNU/Linux distros



  29. IRC Proceedings: Friday, January 22, 2021

    IRC logs for Friday, January 22, 2021



  30. InteLeaks – Part XXVIII: Intel Served Report From Microsoft Boosters, Who Provide No Actual Evidence and No Science to Back Their Supposed 'Findings'

    Findings and recommendations from Harbor 'Research' aren't based on any scientific methods, just perceived loyalty, branding, and a bunch of unsourced quotes (from unnamed people with ridiculous job titles like a soup of buzzwords)


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