09.27.19

Gemini version available ♊︎

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

Posted in Europe, Law, Patents at 2:16 am by Dr. Roy Schestowitz

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.

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. [Meme] Looting Europe and Taking Away From the Office

    The staff of the EPO is being robbed by corrupt officials, who arrogantly assume that they can get away with anything (because they have facilitators all over Europe)



  2. IRC Proceedings: Sunday, September 19, 2021

    IRC logs for Sunday, September 19, 2021



  3. Formally Challenging the EPO and Microsoft for Apparent Efforts to Suppress Reporting With Evidence of Crimes, Including Violations of EPO Data Protection Guidelines

    The largest cross-institutional European den of corruption, the EPO, will be hearing from lawyers and hopefully from public officials too. The criminal behaviour is long overdue for review and the Administrative Council too should be investigated (for repeatedly abetting this behaviour, for personal gain).



  4. Links 20/9/2021: Linux 5.15 RC2 and pgAdmin 4 5.7 Released

    Links for the day



  5. [Meme] Warning - Tree Felling in Progress

    Warming up for our next EPO series



  6. Links 19/9/2021: Sparky 2021.09, Whisker Menu 2.6.0, HarfBuzz 3.0, and gThumb 3.12

    Links for the day



  7. EPO Management is Hiding Under the 'Cloud' While Violating Privacy Laws

    Facing a barrage of scrutiny for outsourcing the EPO's systems to Microsoft, the EPO has just arranged yet another expensive PR stunt, looking to somehow 'normalise' the unacceptable and the likely illegal



  8. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  9. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  10. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  11. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day



  12. IRC Proceedings: Saturday, September 18, 2021

    IRC logs for Saturday, September 18, 2021



  13. Links 18/9/2021: LibreOffice 8.0 Plans and Microsoftcosm Uses WSL to Badmouth 'Linux'

    Links for the day



  14. Links 18/9/2021: GIMP 2.10.28 Released and Azure Remains Back Doored

    Links for the day



  15. IRC Proceedings: Friday, September 17, 2021

    IRC logs for Friday, September 17, 2021



  16. Links 17/9/2021: Ubuntu 18.04.6 LTS, Manjaro 21.1.3, “2021 is the Year of Linux on the Desktop”

    Links for the day



  17. Links 17/9/2021: WSL Considered Harmful

    Links for the day



  18. [Meme] Microsoft Loves Linux Bug/Back Doors

    Microsoft is just cementing its status as little but an NSA stooge



  19. Lagrange Makes It Easier for Anybody to Use Gemini and Even Edit Pages (With GUI)

    Gemini protocol and/or Gemini space are easy for anyone to get started with or fully involved in (writing and creating, not just reading); today we take a look at the new version of Lagrange (it was first introduced here back in March and covered again in April), which I installed earlier today because it contains a lot of improvements, including the installation process (now it’s just a click-to-run AppImage)



  20. IBM is Imploding But It Uses Microsoft-Type Methods to Hide the Demise (Splits, Buybacks, and Rebranding Stunts)

    A combination of brain drain (exodus) and layoffs (a lack of budget combined with inability to retain talent or attract the necessary staff with sufficiently competitive salaries) dooms IBM; but the media won't be mentioning it, partly because a lot of it is still directly sponsored by IBM



  21. IRC Proceedings: Thursday, September 16, 2021

    IRC logs for Thursday, September 16, 2021



  22. [Meme] 70 Days of Non-Compliance

    António Campinos would rather fall on his sword than correct the errors or work to undo the damage caused by Team Battistelli, which is still at the EPO



  23. EPO “Board 28” Meeting: Imaginary Dialogue Between EPO President Campinos and the Chair of the Administrative Council, Josef Kratochvíl

    The EPO‘s chaotic state, which persists after Benoît Battistelli‘s departure, is a state of lawlessness and cover-up



  24. Links 16/9/2021: Linux Mint Has New Web Site, LibreOffice 7.2.1, KDE Plasma 5.23 Beta, and Sailfish OS Verla

    Links for the day



  25. If Git Can be Done Over the Command Line and E-mail, It Can Also be Done Over Gemini (Instead of Bloated Web Browsers)

    In order to keep Git lean and mean whilst at the same time enabling mouse (mousing and clicking) navigation we encourage people everywhere to explore gemini://



  26. Techrights Examines a Wide Array/Range of Gemini Clients/Browsers

    After spending many months examining an array of different types of software for Gemini (including but not limited to clients/browsers) we take stock of what exists, what's supported (it varies a bit), and which one might be suitable for use by geeks and non-geeks



  27. Links 16/9/2021: KStars 3.5.5 and Chafa 1.8

    Links for the day



  28. Trusting Microsoft With Security is a Clown Show

    A quick and spontaneous video about this morning's post regarding a major new revelation that reaffirms a longstanding trend; Microsoft conflates national security (back doors) with security



  29. IRC Proceedings: Wednesday, September 15, 2021

    IRC logs for Wednesday, September 15, 2021



  30. Microsoft Azure and Back/Bug Doors in GNU/Linux: Fool Me Once (Shame on You) / Fool Me Twice (Shame on Me)

    "Fool me once, shame on you; fool me twice, shame on me," goes the old saying...


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