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09.28.19

EPO: Same Old Abuses, More Fake Patents, But Slightly Different Faces

Posted in Europe, Patents at 11:27 am by Dr. Roy Schestowitz

Just slightly

From left to right: Benoît Battistelli, President of the EPO; Michel Barnier, European Commissioner for Internal Market and Services; Antonio Campinos, President of OHIM
Photo from September 30th, 2013 (almost exactly 6 years ago)

Summary: When it comes to appalling patent quality and illegal scope (European Patents granted on things which are clearly not covered by the EPC) nothing has changed at the EPO, which has gotten closer to — to the point of overlapping — the patent trolls of the world

WHEN the European Patent Office (EPO) says something about “inventions” or “innovation” be sure to check who actually runs the EPO. António Campinos — like Battistelli before him (he was given or ‘arranged’ this job by Battistelli) — lacks a background in science. His sole objective is to grant as many patents as possible irrespective of the laws that govern the Office, notably the EPC. Human and labour rights don’t exist, either. Not on EPO premises…

“Human and labour rights don’t exist, either. Not on EPO premises…”As October approaches “Oktoberfest- Beer And Patents” gets published by Brett Landon (Haseltine Lake Kempner LLP). Is this what these lawyers think about also when they get tipsy if not drunk? Patents?

Mondaq promoted the piece, maybe for a fee (it is shameless self-promotion ‘dressed up’ as professional advice). Here he goes:

This year marks the 209th anniversary of Oktoberfest; the world-famous beer festival which celebrates Bavarian culture on the famous Theresienwiese grounds in Munich. In addition to a selection of beers brewed according to the strict German Reinheitsgebot purity law of 1516, the festival will also house a wide range of beer related inventions. According to the European Patent Office, located just a few kilometres away from the festival, every beer tent will contain technology that is protected by more than 2000 patents.

The inventions on display in the tents of Oktoberfest have come a long way since the days of ancient Mesopotamia, when open fires were used to brew beer from the remnants of porridge grain and naturally occurring wild yeast. It wasn’t until the invention of the thermometer, by Daniel Fahrenheit in 1714, that brewers were able to monitor temperature throughout the brewing process in order to accurately regulate beer production and thereby control the flavour of the resulting beer. Brewing was further improved by the invention of the saccharometer (a type of hydrometer) at the end of the 18th century, by Thomas Thomson. The saccharometer allowed brewers to consistently produce beer with a specific alcoholic content by determining the amount of sugar present in the beer as it was brewed.

One of the first notable patents to be granted for brewing technology was issued to Louis Pasteur in 1873.

Well, we have since then come a long, long way. As it turns out, today’s EPO works for big brewing monopolies such as Carlsberg [1, 2] (Jesper Kongstad‘s home country). They patent the pertinent seeds. The corrupt EPO management keeps granting patents on beer ingredients and processes that are trivial and barely (or barley) constitute invention. This is clear and naked abuse of the system. Like software patents being granted in Europe, what we see here is the award of monopolies against the law and sometimes against very clear and unambiguous instructions from European authorities. The EPO is totally out of control. Nobody seems able (or willing) to put an end to these abuses.

“The EPO is totally out of control. Nobody seems able (or willing) to put an end to these abuses.”In fact, the EPO has again advertised (in “tweets”) that it is working together with a front group of patent trolls, which has just appointed to its head position Data Colarulli (appointment mentioned by Watchtroll and by WIPR).

He comes from IPO (US), a lobbying front for software patents and aggressive patent zealots, not actual inventors.

EPO Licensing Executives Society International (LESI)According to WIPR, “Colarulli most recently served as the director of the Office of Governmental Affairs at the US Patent and Trademark Office, and was also a member of the agency’s executive committee. Prior to his government service, Colarulli led government relations efforts and facilitated policy discussions at the Intellectual Property Owners Association. [...] LESI is also rolling out educational offerings globally, including its Advanced Licensing Course, which is a joint initiative with the European Patent Office.”

“Those are the same sorts of people who nowadays control the EPO and seed legal chaos, enriching themselves through patenting and litigation.”It’s still rather worrying to see who the EPO associates/presents itself with; how about this new forum in Paris? As the summary says: “Blockchain, EU-wide enforcement, and the inner workings of in-house were just some of the key themes discussed at the European Patent Forum 2019 in Paris” (it’s just another echo chamber).

Absent from this event? Technical people. A bunch of litigation zealots such as Team UPC regroup to figure out how to screw technical people for/through legal bills. Those are the same sorts of people who nowadays control the EPO and seed legal chaos, enriching themselves through patenting and litigation. Scientists see just ‘collateral damage’.

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