09.26.19

Gemini version available ♊︎

The European Patent Office’s Relationship With Licensing Executives Society International (LESI) Shows Whose Interests Today’s Management Really Serves

Posted in Europe, Patents at 7:23 pm by Dr. Roy Schestowitz

EPO Licensing Executives Society International (LESI)Summary: The top-level management of the European Patent Office (EPO) — António Campinos just like his predecessor — does not care about the advancement of science but the advancement of litigation agenda by all means available, even software patents in Europe

THE CURRENT Director of the U.S. Patent and Trademark Office (USPTO) comes from the litigation industry, so it’s hardly surprising that he opposes 35 U.S.C. § 101. He’s supposed to follow the law, not decide on the law, but just like in the EPO what we’re seeing these days is a bunch of managers who spit on the law (disregarding if not attacking judges), ignore courts, and strive for nothing but patent maximalism. This is a crisis.

Yesterday the EPO wrote: “Do you know what the right IP strategy is for your business & for the industry you are active in?”

“We have sadly come to a point where the EPO is very blatantly and shamelessly on the side of parasites, not science. The EPO has sided with people who prey on scientists instead of the scientists themselves.”This is about the Licensing Executives Society International (LESI), or just LES, which is a front group of patent trolls. These are not scientists, so what kind of inspiration can they offer to real businesses as opposed to parasites with a patent or two?

We have sadly come to a point where the EPO is very blatantly and shamelessly on the side of parasites, not science. The EPO has sided with people who prey on scientists instead of the scientists themselves.

Look no further than the EPO’s stance on software patents. What proportion of programmers want such patents to exist? 1%? Less?

“Look no further than the EPO’s stance on software patents. What proportion of programmers want such patents to exist? 1%? Less?”Benjamin Henrion has just recalled Chirac’s stance on software patents [1, 2, 3], due to the news about Chirac’s death. It’s a reminder that he lasted 12 years in power and became an iconic personality in France (Henrion is a French-speaking Belgian). Henrion also recalled Chiraq’s betrayal. Initially, as a campaign promise, he sided with software developers.

Yesterday we saw this new article from Phillips & Leigh. It’s about an upcoming EPO case regarding software patents. The authors went ahead with an intentionally wrong question. They should have instead asked, “are software patents legal in Europe and can EPO grant them?” The answer is “NO!”

But here’s how they put it:

We have previously brought attention to a recent referral to the European Patent Office’s Enlarged Board of Appeal concerning the question of whether a computer-implemented simulation of a technical system or process could be patentable in and of itself, provided that the simulation could give rise to a technical effect above and beyond the simulation’s implementation on a computer.

The President of the European Patent Office has now submitted comments on the referral to the Enlarged Board of Appeal. The comments represent an interesting set of arguments broadly in support of the notion that such a simulation could at least in principle be patentable. Rather than rehashing the full comments here, we consider it more broadly informative to take a close look at its summary.

First, it is evident both from the summary and the comments as a whole that the Office’s arguments are based on the idea that the statutory exclusions from patentability in the European Patent Convention should be interpreted narrowly, and that a “dynamic understanding” should be applied to the terms “technical” and “technology”.

[...]

The other major point made in the summary is that it shows the suitability of the EPO’s established problem-and-solution approach for assessing patentability (specifically, it is a method of assessing inventive step, one of the essential prerequisites of patentability) and argues that this provides a reasonable way to assess such inventions.

What is clear from the case law and the requirements of the European Patent Convention and Implementing Regulations is that to secure grant, two conditions must be met: the product or process to be protected must be defined in the claim by means of its technical features, and there must be a technical effect.

The essence of the case before the Enlarged Board of Appeal is whether that technical effect needs to be the direct consequence of the claimed invention, or can be “downstream”.

As we’ve explained here before (perhaps a dozen times), the Enlarged Board of Appeal is pretty powerless to decide against the wishes of the Office (management openly supports software patents) because it lacks independence. It’s not a ‘safe’ career choice to oppose software patents in such a panel. So we probably need the EU Parliament to intervene again (as it recently did regarding the question of patents on plants and seeds).

“As we’ve explained here before (perhaps a dozen times), the Enlarged Board of Appeal is pretty powerless to decide against the wishes of the Office (management openly supports software patents) because it lacks independence.”Henrion has taken note of this “new entry in the EUROPEAN SOFTWARE PATENTS knowledge base,” which demonstrates how certain software patents are not valid in Europe. So says the advice from the biggest boosters of software patents in Europe (a litigation firm; “They recruited one the EPO swpat booster,” Henrion told me, “who invented the technical blackhole.”).

We had a little debate about it in Twitter.

“Technical effects in patent law are a farce,” wrote André Rebentisch, who used to be hyper-active in FFII over a decade ago.

“Software patents have long been a good example where EPO management intentionally ignores the wishes of actual software practitioners, choosing instead the agenda of trolls and litigation firms that never wrote any software.”“It’s intentionally vague,” I replied, “like “4IR”, “IoT”, and “HEY HI” (AI), so we’re dealing with nonsensical semantics and buzzwords instead of solid science, code, automatons…”

“The recent AI discussion is ever more off,” he said, citing this page from the EU. “As an observer I would guess that the rlatest EBoA design simulation case aims to pave the way for ML patent applications…”

Software patents have long been a good example where EPO management intentionally ignores the wishes of actual software practitioners, choosing instead the agenda of trolls and litigation firms that never wrote any software.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  2. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  3. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  4. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  5. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  6. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  7. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  8. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  9. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  10. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  11. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  12. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  13. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day



  14. Links 23/9/2021: More UPC PR Stunts and IBM (Poettering) TPM for Linux

    Links for the day



  15. The EPO is on the Run (Escaping Negative Press Coverage)

    Aside from tens of millions of euros granted to media and academia (to keep them complicit or silent about EPO corruption, which also implicates the EU) there’s also SLAPP and threats against staff representatives; but Members of the European Parliament are becoming interested in what’s really going on in Europe’s second-largest institution, so this utter waste of EPO money (manipulating the press and gaming universities’ research) might in itself become a scandal sooner or later



  16. [Meme] Lowering the Standards...

    It's time for another round of fluff at the EPO, this time without even travelling (PR-over-'ViCo')



  17. Gemini HTTP/HTML/Web Proxies and Self-Hosting Your Own Proxy

    Gemini protocol (gemini://) and the fast-growing Geminispace (expected to exceed 2,000 known capsules by year’s end, in effect quadrupling in a single year!) are possible to access using Web browsers, at least for those who do not have Gemini clients/browsers just yet; today we examine and give an outline of the options



  18. IRC Proceedings: Wednesday, September 22, 2021

    IRC logs for Wednesday, September 22, 2021



  19. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  20. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  21. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  22. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  23. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  24. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  25. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  26. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day



  27. [Meme] The EPO-EUIPO “Good Brother” Network

    Jobs as bribes at the EPO and EU(IPO) are a lingering problem



  28. Links 21/9/2021: Samba 4.15 and Ubuntu 14.04/16.04 Support for 10 Years

    Links for the day



  29. Richard Stallman's First Public Talk (Delivered in Person) in Years, Now With a Free Format

    Full talk now available. The organisers of the conference have uploaded to YouTube, so we’ve converted everything to a free/libre format (and last night only an excerpt was published here).



  30. [Meme] The Best Quality Propaganda

    The António Campinos-led EPO is still a never-ending propaganda machine; the media isn’t fact-checking or investigating anything, so of course that propaganda goes largely unchallenged and the propagandists (like Joff Wild) profit from it


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