Bonum Certa Men Certa

EPO is Trying to 'Force-Feed' Europe Some Fake Patents by Hijacking Courts



EPO parking lot
Source: Yesterday's tweet



Summary: Having granted a lot of dubious European Patents (to maintain constant growth despite a decreasing number of applications) the EPO seeks to subvert the court system; so far only the constitutions and the laws are being subverted -- to the point where these ambitions are collapsing in Europe's highest courts

THE U.S. Patent and Trademark Office (USPTO) is nowadays seeing a lot of its patents rejected by American courts at all levels, citing a bunch of sections that greatly limit the scope of patents.



The European Patent Office (EPO) is currently at the phase the USPTO was in a decade or so ago. It's just trying to grant more and more patents each year. António Campinos has similar demands to those of Battistelli (endless growth), so it necessarily means reduction in patent quality to the point of illegally granting patents (noncompliance with EPC). This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever...

"This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever..."This is what happens when a patent office is captured by nontechnical people, including lawyers, politicians and PR agents. There's no integrity whatsoever and now they try to do the same to the court system under the guise of a so-called 'unified' patent court dealing with so-called 'unitary' patents. As Benjamin Henrion put it a couple of days ago: "Capitalize on the Unitary Patent, when "specialized" means "captured"...".

Captured by the litigation zealots who profit from fighting, embargoes, extortion and so on.

It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy.

"It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy."Notice the calm if not silence surrounding this coup attempt; it wasn't successful. It just wasn't. But only because people fight back.

Yesterday we saw this article from AA Thornton's Rachel Havard promoted by lawyers' media and notice that it does not even comment on the UPC at all because she probably knows it's dead. How could she gloss over it unless she intentionally omits it?

A few days ago we saw the article "Brexit: How Do US And Overseas Investors Take Advantage?" reposted in lawyers' media (we debunked it earlier this month). When these people speak of businesses and investors they think primarily of litigation, not science. Something like the UPC would be a boon to them and 'open up' the litigation 'market'.

"Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress.""Regardless of whether the UK leaves or remains in the EU, European patents will be unaffected," said the above article. "The European Patent Office is independent of membership of the EU."

Again, no comment at all regarding the UPC. Shades of CIPA. They address the wrong question.

Compare this to articles like this one from almost 3 years ago ("Unitary patent expected this year, despite Brexit").

How foolish do they look now? Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress. It's all negative (all the comments). The following two comments (almost latest ones) mention the EPC -- not just Brexit -- as a concrete barrier. To quote:

Good thoughts from Concerned Observer. One thing though: who (other than the judges of the BVerfG) cares?

In particular, you write optimistically that a decision of the BVerfG will force the EPC Contracting States to “sit up and take notice”. Really? I don’t believe that for one second. They couldn’t care less.

In these populist times, they all have better things to do, pandering cravenly to voters who have been whipped up by irresponsible rabble-rousers who give them the message that it’s quite OK to ignore anything that an expert has to say on their area of speciality.

The depth of the hole we are in is evidenced by the irresponsible behaviour (and dereliction of their duty to educate and inform) of venerable public TV channels (including the BBC) that depend for maintenance of their funding stream on decisions by politicians.


And the reply:

Max, a BVerfG ruling that the EPC is incompatible with the Basic Law of Germany would surely catch the attention of even the most complacent politicians and civil servants. However, despite the manifest and numerous ways in which the EPC departs from the minimum standards demanded by Germany’s Basic Law, it is not clear whether the BVerfG will be comfortable with reaching the only logical conclusion – namely that Germany must either withdraw from the EPC or ensure that the EPC is amended in a manner that addresses its fundamental flaws. We shall just have to wait and see.


We shall explain in our next post that lack of independence for judges remains a serious problem. It's a lingering barrier that Campinos has done nothing to tackle.

Recent Techrights' Posts

Gemini Links 09/03/2025: Lagrange 1.18.5 and Writing Mannerisms
Links for the day
Links 08/03/2025: International Women's Day, Software Patents Being Squashed
Links for the day
Hiding Problems Doesn't Work
transparent organisations will be more stable and sustainable
Under the Pen Name "John O'Donnell" (LLM Slop, Not Real Article or Author) LinuxLinks Pushes Spammy Page
it happened some hours ago.
 
[Video] Richard Stallman on Understanding the Misconception of So-called 'Artificial Intelligence'
to "know and understand"
FSF's Defective by Design (DBD): Amazon Tightens the Digital Handcuffs
Reproduced verbatim
The Fall of the Open Source Initiative (OSI): Plenty of Issues, Plenty of Censorship
The OSI is abusive on many levels!
EPO Staff Appraisals Apparently Benefit Kakistocracy, Including Cheaters Who Grant Illegal Patents and Punish Good Patent Examiners (Who Find Valid Reasons for Denials)
In prior reports the staff representatives said that rewards typically went to people who granted many patents, i.e. didn't do proper examination and instead just allowed many fake patents get enshrined as EPs, causing fiasco (from which some patent attorneys could profit)
As The Web Gets Drowned Out, Sinking in a Pool of LLM Slop, Real News Sites With Real News Become Increasingly Rare If Not Extinct
This is a real problem
Links 09/03/2025: Moderna Patents Thrown Out, Climate United Sues E.P.A.
Links for the day
Links 09/03/2025: FiveThirtyEight Killed by Disney, Nature (Journal) Chooses Suicide by Slop
Links for the day
The Harder They Try to Censor, the Bigger the Scandal (and the Impact) Will Be
We don't plan to self-censor our coverage; sometimes we just delay publication a little
Gemini Links 09/03/2025: Leasehold Derangement Syndrome, Raspberry Pi, and More
Links for the day
All-Time Low for Microsoft in Africa
it helps show how irrelevant Microsoft is becoming
French woman (frontaliere) trafficked to promote unauthorised cross border Swiss insurance
Reprinted with permission from Daniel Pocock
New York Times & Guardian reporting on Modern Slavery Act prosecution of Glodi Wabelua
Reprinted with permission from Daniel Pocock
Diana & Adrian von Bidder-Senn, EVP, Palm Sunday & Debian death on wedding day
Reprinted with permission from Daniel Pocock
The RTO (Return-to-office) Layoffs or 'Soft' Layoffs at IBM and Red Hat
There are certainly many layoffs going on there, but many are described as "resignations" or "retirements" after RTO or some other form of relocation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 08, 2025
IRC logs for Saturday, March 08, 2025
Graveyard of Mastodons: A Vast Number of Inactive Accounts
More than 80% of users in mastodon.social (the "big one") are no longer active
Gemini Links 08/03/2025: Reading Cory Doctorow's 'Little Brother', Abandoning GAFAM Forever
Links for the day
No, We Don't Want to Go "Viral" (and You Probably Don't, Either)
"Viral" junk gets forgotten quickly
Windows is Being Eradicated
On the Web, in Africa in particular, user strings or UAs that say "Windows" are becoming more rare
For International Women's Rights Day (Today) Staff Representatives at the European Patent Office (EPO) Opened Up on Gender Discrimination at the Office
Office discrimination against women is widely known; unless you sleep with men in management
Links 08/03/2025: Tariff Self Harm and Mostly Solved Diseases Making a Comeback
Links for the day
Links 08/03/2025: Climate Change Causing Food Shortages, Selling Off Chrome Still in the Cards
Links for the day
Gemini Links 08/03/2025: Driving in Japan, GrapheneOS, Tariffs Silver Lining
Links for the day
Working Like a Pack of Hyenas, the Microsofters Try Hard to Hide the Truth and Actively Censor Critics
They even target women
The Fall of the Open Source Initiative (OSI): Bylaws of the OSI a Shocking Oversight
That's what the OSI is right now: a salesperson
Thinking About Abandoning 'Google News' Altogether Due to Easy Poisoning by LLM Slop
As long as Google News keeps sending traffic to these leeches, it'll be very hard to justify relying on Google News for anything at all
Links 08/03/2025: Microsoft Failures, Further Attacks on Speech in Hong Kong
Links for the day
Gemini Links 08/03/2025: Physical Albums, Analog Computing, Deleting All Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 07, 2025
IRC logs for Friday, March 07, 2025
OpenAI, Deep in Debt With Growing Losses, Sees Web Traffic Falling Fourfold in a Year
Microsoft's shares have fallen over 10% since the last report and OpenAI is trying to con people via Wall Street, offloading the debt to some gullible fools
Microsoft's Social Control Media Efforts Cratering (GitHub and LinkedIn)
Expect more layoffs
Microsoft Office is a Dying Cash Cow and Now It's Just Dying/Starving
Most people use Android and they don't need some bloated office suite because many processes involve Web forms
Links 07/03/2025: Radio’s Death Knells and US Abandoning Ukraine
Links for the day
Gemini Links 07/03/2025: Replacing Firefox with LibreWolf, Visiting Churches
Links for the day
Links 07/03/2025: Oracle Layoffs, HPE Eliminates 3,000 Jobs, Massive Price Hikes at Microsoft, More Surveillance in Microsoft's Stuff
Links for the day
Manslaughter: Haverfordwest convictions, Abraham Raji & Debian DebConf drowning
Reprinted with permission from Daniel Pocock
Open Source Initiative's (OSI) Latest IRS Files: Only 2.9% (2.90046827447%) of Its Income is From Members
So almost all the money is corporate
Open Source Initiative (OSI) Reported to the California Privacy Protection Agency (Formal Complaint)
Time will tell if a Cheeto-controlled California will take this seriously or just brush it aside like a head of state from Ukraine
Half a Decade Without Social Control Media
Not all audience is desirable
IBM Laid Off Almost 2,000 Staff Last Friday and No Western Publication (Newspaper, Web Site) Even Mentioned That
Only some Asian sites mentioned it
Under IBM, After Killing OpenSource.com, the Next Casualty May be "Community Blog" of the Fedora Project
It sounds like they already made the decision/s
Social Control Media as a Rapid Race to the Bottom - Part IV - Physical Health, Mental Health, and Debilitating Anxiety
One is better off feeding stray pigeons (rather than scrolling and clicking on "timelines" like a dumb pigeon)
Links 07/03/2025: WSL Breakage (as Usual), Abandoning WordPress for Hugo
Links for the day
LLM Slop Versus Richard Stallman
"Compilation Of Corruption: Jeffrey Epstein And The Halls Of Academia"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 06, 2025
IRC logs for Thursday, March 06, 2025