Bonum Certa Men Certa

The EPO and the USPTO Keep Granting Illegal Patents and Mainstream Media Doesn't Talk About That

Seats in church



Summary: The departure from the rule of law in pursuit of abstract patents doesn't seem to interest the media; it's as if media owners are perfectly happy to let this injustice carry on

THE failure of the media is profound. It's only selectively covering issues. It also stopped writing about European Patent Office (EPO) abuses; not because they ended but because the EPO bribed or threatened publishers (there's evidence to that effect, it's not an empty accusation).



Yesterday we saw additional coverage about the EPO stepping out of line w.r.t. patent scope; Earlier this week we mentioned Life Sciences Intellectual Property Review's coverage and last week we wrote a couple of articles about it. Mainstream media in Europe and elsewhere continues to mostly ignore this scandal, which is about the EPO granting patents on life and nature in defiance of European law. Do the media owners worry that covering that might tarnish Europe's reputation? As if the cover-up isn't in itself damaging? Google News doesn't pick up anything but 'small sites' that cover EPO problems, e.g. "EU Reporter" this week. That's not because Google itself tries to censor these issues; it's because corporate media is complicit in a silence. This is an issue we shall continue to bring up. "Parliament says no to patenting plants bred naturally," said the headline of "EU Reporter", which then went on to say: "The European Parliament has repeated its opposition to patenting plants obtained through natural processes. But what makes it an issue in the first place? On 19 September, MEPs voted in favour of a resolution stating that plants obtained through conventional breeding processes, such as crossing and selection, must not become patentable. They fear that allowing natural plant varieties to be patented would concentrate plant breeding material in the hands of a few powerful multinational companies. The resulting loss of genetic variety could in turn endanger food security and raise food prices."

"That's not because Google itself tries to censor these issues; it's because corporate media is complicit in a silence."Why has no "mainstream" site touched this subject? Not even one!

Meanwhile we can see that the American patent office sets up events, webinars etc. to disguise illegal software patents as "HEY HI!" -- the same thing the EPO does. To quote a patent maximalists' blog: "The United States Patent and Trademark Office (USPTO) is seeking a technical expert to advance the shared understanding of how to best implement the opportunities presented by Artificial Intelligence. The role will provide technical expertise in developing solutions for real-world, large-scale problems using Artificial Intelligence at the USPTO."

Janal Kalis has just given this new example: "Specifio has obtained US Pat 10417341 for methods for using machine learning to create a patent spec based on human provided claims. I wonder if the patent spec was created using only the software--no human intervention."

"Why has no "mainstream" site touched this subject? Not even one!"If it is "using only the software," then it is a software patent. It ought to be denied. But the U.S. Patent and Trademark Office's (USPTO) Director is looking to bypass 35 U.S.C. €§ 101, i.e. the law itself. He's not a lawmaker and it's not his job to decide what the law is. António Campinos and Benoît Battistelli are similar to him in that regard; they promote software patents in Europe and defend patents on life/nature in spite of the law forbidding that. European Parliament is too slow to (re)act and there's insufficient public outcry because the big publishers aren't mentioning that.

Bogus patents are being granted. Should we not all be very concerned? Each such grant is an injustice. Those are fake patents or software patents that the courts will toss out again and again, citing 35 U.S.C. €§ 101. But they say "blockchain" and "HEY HI!" (AI) so the patent offices tell us it's OK. Here's a new example entitled "Verizon Awarded Patent for Blockchain-Based Virtual SIM Cards" (obviously software).

To quote: "Leading communications and technology company Verizon has been awarded a patent for using virtual subscriber identity modules (vSIMs) for customers’ devices."

Why would any court uphold such a patent? Verizon would probably never take such a patent into court, knowing that an unfavourable outcome is likely. Maybe Verizon might pass this to a troll some time in the future...

"The EPO went as far as trying to swap all the judges with its own (UPC), but that coup failed miserably."The courts in the US will thankfully continue to do their job, which is why patent maximalists at Watchtroll keep attacking the legal system. Watchtroll's Gene Quinn has just published "Blame for the Weakened U.S. Patent System Cannot Be Pinned on the PTAB Alone" (because he now attacks all the courts, all the judges, and everyone who agrees with PTAB). David Cohen has also just published "Standard Essential Patents: Examining and Learning from the European Approach" (EPO approach).

It's often understated or not stated at all that illegal EPO practices are copied by USPTO and vice versa. They cannot be tackled in isolation. We need international action and coordination among public interest groups. There's also "Patent Eligibility Under Section 101: Has the United States ‘TRIPPED’ Up?" by Paul Cole. These patent maximalists pretend that the sky is falling because invalid, bogus, bunk patents are nowadays being rejected by judges. The EPO went as far as trying to swap all the judges with its own (UPC), but that coup failed miserably.

Recent Techrights' Posts

Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
 
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025