Bonum Certa Men Certa

EU Parliament Needs to Clarify Once Again That Software Patents Granted by the EPO Are Illegal and Void

Earlier this week: EPO Under Fire From EU Parliament, But Patent Trolls Already Storm Europe, Emboldened by Low Quality of European Patents

Computer Programs Directive
Reference: Computer Programs Directive (programmers only want and need copyrights)



Summary: Law firms in Europe and outside Europe (or foreign firms with branches in the EU) are pursuing office policy that defies European law; moreover, these firms encourage applicants to pursue illegal patents (with office complicity), knowing that few of these will ever be tested in courts (patent trolls capitalise on this extrajudicial nature and large companies cross-license to cement monopoly/oligopoly); European officials must speak out and end this abuse once and for all like they did about a week ago to tackle a related abuse

WITH Benoît Battistelli and António Campinos as Presidents of the European Patent Office (EPO) -- in effect two nontechnical people -- it's hardly surprising that the Office pushes for patents on life/nature and software patents in Europe. These people have no idea and no clue what it's like to actually create something. The Director of the U.S. Patent and Trademark Office (USPTO), by contrast, does have some distant background in science (his opposition to 35 U.S.C. €§ 101 notwithstanding), but he hasn't worked in the sciences for decades.



"Kilburn & Strode LLP promotes illegal, invalid, incompatible-with-EPC and clearly abstract patents that EPO management tolerates and lets be in defiance of the law."A month ago Life Sciences Intellectual Property Review wrote about a patent dispute over patents on life itself (GMO) and promoted through Lexology some hours ago was this self-promotional 'article' (ad) from Kilburn & Strode LLP's Benni Pfundner. Kilburn & Strode LLP promotes illegal, invalid, incompatible-with-EPC and clearly abstract patents that EPO management tolerates and lets be in defiance of the law. In his own words (advice for getting such fake patents):

In Europe the allowance rates at the EPO for business methods are consistently the lowest of all fields of technology, but the reasons for both success and failure are arguably much clearer than in the U.S. For many years, the EPO’s approach to assessing business methods and software inventions has been standardised and consistent. Where we see failure at the EPO is when applications are drafted without knowledge of the EPO approach. The good [sic] news is that it's possible to ensure that your applications have the best possible chance of succeeding in Europe by following a few simple rules. In addition, we have seen that applying these rules when drafting can also have a positive impact in other jurisdictions such as the U.S.

With that in mind, here are four key things to consider when drafting business method, software or other applications relating to subject matter on the borderline of patent eligibility. As will become apparent, the four steps are linked, and so provide a handy step-by-step structure to guide your thought process as you draft a new patent specification.

[...]

Some quick-fire tips:

- If in doubt, get advice from your trusted European advisor at an early stage. A brief review at the initial drafting stage before priority filing can pay dividends further down the line.

- It might not always be possible to “fix” applications for Europe at a later stage due to the strict approach taken by the EPO in relation to added subject matter.

- The European standard for examining inventive step is generally regarded as one of the strictest. This means that if your application is set up to succeed in Europe, it should be best placed to succeed elsewhere as well!


This is so typical. The law firms actively undermine or -- at best -- 'work around' the law. The same thing is happening in the US. The patent zealots just attack courts and judges now. Gene Quinn of Watchtroll attacked the Federal Circuit as recently as last night. They unravel like Donald Trump. It's easy to just "criticize Federal Circuit" instead of just making arguments of substance. This is a loser's strategy.

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