10.17.19

Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today’s European Patent Office

Posted in Europe, Patents at 1:19 am by Dr. Roy Schestowitz

Cover-up
Reference: Cover-up

Summary: It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)

ANOTHER DAY passes and the European Patent Office (EPO) is, as usual, breaking the law. It’s also intentionally harming Europe while deflecting. There were no less than two “SME”-themed tweets from the EPO yesterday, citing its own ‘sponsored’ (bribed-for) ‘studies’…

Distracting from EPO leaks again? How much damage does the EPO wish to cause Europe?

Not to worry — they’re cooking the books and manufacturing some more false claims by bribing scholars for ‘studies’ on so-called ‘IP’. For over 3 weeks they’re been repeating these lies every single day. They try to make these lies seem “scientific…”

Ménière is a pseudo-scientist of Battistelli (and now António Campinos). He’s nowadays pushing for patent maximalism using the pseudoscience they call “economics” along with buzzwords such as “4IR”. Yesterday the EPO’s Twitter account helped spread this pseudoscience by saying: “Innovation in #AdditiveManufacturing is growing exponentially. Our Chief Economist Yann Ménière presented this data at our recent conference in The Hague, where we also fostered internal knowledge exchange & harmonised best practices.”

They added “#3Dprinting #patenting” as if to say it’s desirable. Ask anyone who’s in 3-D printing just to what extent patents in that domain suspended innovation and how long for (decades!) because it’s a very well known case against patent maximalism/maximalists.

We’ve also just seen in this very dodgy new page and site (Golden Casino News) a statement about “3D-based damage marking technology”:

The European Patent Office, EPO, has taken the decision to allow another European patent for Episurf Medical (NASDAQ: EPIS B). The decision was taken at an oral proceeding at the EPO in Munich , Germany. The patent, entitled “System and method for creating a decision support material indicating damage to an anatomical joint” covers Episurf Medical’s 3D-based damage marking technology which constitutes a central part of the Episealer® implant system as well as the Epioscopy® joint visualisation system.

Certainly sounds like a software patent and an area I worked in (my Ph.D. thesis is about that).

It’s not hard to see that the EPO does exactly the opposite of advancing science in Europe. All it strives to achieve is more litigation in Europe. The EPO’s stance on the EPO-connected UPC is an eternal reminder of that.

The UPC is thankfully dead and ‘unitary’ patents are actually just fiction/fantasy. The EPO had spoken about them for years until a couple of years ago. It stopped mentioning that. Team UPC has been silent for months; it no longer even mentions Milan (as London substitute), which has just been brought up by Hogan Lovells’ Riccardo Fruscalzo in relation to other patent matters in Lexology.

IP Kat hasn’t mentioned the UPC since summer and the only words/allusions there regarding EPO scandals are in comments. Here’s one new comment from MaxDrei, who replies to a comment we quoted here earlier in the week:

As to Alex Frost’s “in no way of their own making” I wonder, whether that reminds anybody else but me of a case before Robin Jacob, in which the dispute with the Patent Office was about whether a document had indeed been filed at the Patent Office. Robin Jacob concluded that the representative was the author of Applicant’s misfortune, pointing out that there was a good reason why the Patent Office issues receipts for docs filed and if the rep cannot be bothered to check them, any resulting misfortune is his own fault.

Can anybody recall the case reference?

A “patent attorney” said, “I think the EPO has lost sight of the fact it needs to be more ‘user-friendly’ and it is becoming a place where mistakes have a disproportionate effect.” To quote the entire comment (with a later one appended):

Now that we have the EPO post grant limitation proceedings, I really don’t know why we cannot have post-grant correction for any error. The EPO has the mechanisms to do this easily, and it should try to be more helpful to applicants/patentees

[...] I think the EPO has lost sight of the fact it needs to be more ‘user-friendly’ and it is becoming a place where mistakes have a disproportionate effect. We patent attorneys should not need to be professors or be capable of seeing a small error in 400 pages of description to do our routine job. Can we really say that third parties have been substantially disadvantaged by a patent proprietor reinserting pages into a specification which were clearly missing? It should be far simpler to correct errors, and should not need references to 3 or 4 TBA decisions. In particular the system should not be punitive in any way, which it seems to be whenever it says it was up to the applicant to get it right. As I say the EPO has forgotten it is providing a public service, and should be more user-friendly to its users

Kant wrote:

Re substance or composition
Since A53(c) refers to “surgery or therapy”, it follows that a substance or composition for use in such a method is not required to have a therapeutic effect if used in a method of surgery. The therapeutic effect case law arose under EPC1977 with regard to Swiss Type claims which related to pharmaceutical preparations. Accordingly, the previous case law should not be used to limit the meaning of the EPC after a change in the law.

Notice how they all keep citing the EPC as if the EPC still matters; the EPO violates the EPC every day and then covers that up. Thankfully the examiners are close to another revolt. They’re well aware of what’s happening and they don’t like it.

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

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 31/10/2020: Linux Lite 5.2 and Freespire 7.0

    Links for the day



  2. New Video Release by Marcia K. Wilbur: Richard Stallman (RMS) and Larry Lessig

    A decade and a half before Professor Lessig became a presidential nominee/candidate the following footage was captured; it was published yesterday for the first time



  3. Users Have Nowhere to Go

    "If you want Free software to exist, if you want users to have control of their computing, you'll have to learn how to stand up again."



  4. IRC Proceedings: Friday, October 30, 2020

    IRC logs for Friday, October 30, 2020



  5. [Meme] Two Dictators: How the EPO Shuffled the Dictatorship's Cards

    EPO President António Campinos turns out to be no better and even less popular than Benoît Battistelli



  6. 2020: The Year the Patent System Converged With Naked Fascism

    The worldwide system of patents, administered in part by WIPO (fronting for the super-rich), is losing the argument and instead — nowadays more than ever before — it is resorting to authoritarianism (the kids’ gloves are off)



  7. Links 31/10/2020: KDE on Hugo, NetBSD Moves From TWM to CTWM

    Links for the day



  8. Links 30/10/2020: WordPress 5.5.2 and NSA Mum on Its Back Doors Policy

    Links for the day



  9. Free Software is Still Under Attack From Software Patents (GNOME Getting Patent Trolls to Settle Isn't the Real Solution)

    We're asked to believe that a sort of "patch" (suggested by companies or monopolies with endless patent portfolios) means that Free software and software patents can co-exist; behind the scenes, however, "community distros" (not developed and controlled by monopolies) are coming under patent attacks which they cannot publicly speak about



  10. Microsoft is Already Bribing the Likely Next US President (Having Also Paid the Trump Campaign) to Ensure Microsoft Can Get Away With Crimes and Receive Bailouts from Taxpayers

    Microsoft is still controlling "both sides" to ensure that it remains in control of the administration; it's already looting the taxpayers while still lying to shareholders ('legalised' embezzlement)



  11. With Microsoft in Charge, OpenSSF Seems More Like It's About Back Doors -- Not Real Security -- Inside the Linux Foundation

    Another Linux Foundation (LF) group seems to have been taken over by the company that’s attacking Linux and attacking real security (as opposed to fake security or back doors in the name of “national security” — the Trojan horse for imperialistic coercion, worldwide)



  12. IRC Proceedings: Thursday, October 29, 2020

    IRC logs for Thursday, October 29, 2020



  13. Living in a State of Constant and Never-Ending Fear Will Harm Software Freedom

    "Freedom" or "liberty" may seem to have been co-opted by extreme right-wing and COVID-denying (or COVID-minimising) elements, but at the moment we do stand to lose many "tech rights" (in the name of "protecting" us)



  14. [Meme] Mozilla's 2020 Vision

    Mozilla does not seem to understand that proprietary Azure and proprietary GitHub won't offer Mozilla a way/path out of the mess it's in



  15. Techrights Done With Maintenance For Now, Will Resume Posting at a Higher Publication Pace

    With a few new features added to the site we can finally resume normal operations (more articles per day)



  16. Moving to Phones Won't Liberate Users

    A so-called 'phone' (or 'smart' phone) with Linux under the bonnet isn't freedom; it's a branding war being won, but principles are being abandoned



  17. Links 29/10/2020: LibreOffice 7.0.3, Linux 5.9.2, NVIDIA 455.38 Linux Driver

    Links for the day



  18. Links 29/10/2020: Istio 1.6.13, Krita 4.4.1 and PyPI Key-Signing Ceremony

    Links for the day



  19. IRC Proceedings: Wednesday, October 28, 2020

    IRC logs for Wednesday, October 28, 2020



  20. Links 28/10/2020: Linux Dropping WiMAX Support, Istio 1.7.4, Ubuntu is “Hirsute Hippo”

    Links for the day



  21. Linux Foundation (Men for Monopolies) Once Again Hijacking Women's (and Minorities') Voices for Public Relations

    Diversity and tolerance are absolutely essential, but those who preach or lecture us about it most loudly (their financial means or privilege enable media reach) set a bad example and are mostly opportunistic hypocrites who perpetuate the status quo



  22. In a State of Flux Due to Maintenance and Improvements

    For the first time since summer of 2019 we're investing time and effort improving the site in a number of ways



  23. Links 28/10/2020: Torvalds on Succession, PyTorch 1.7.0

    Links for the day



  24. [Meme] Stealing the Competition

    After the fall (and fail) of CodePlex Microsoft decided to grab the Linux Foundation and most Git-based projects (through GitHub) — a strategy even Microsoft can learn to love



  25. IRC Proceedings: Tuesday, October 27, 2020

    IRC logs for Tuesday, October 27, 2020



  26. Links 28/10/2020: FreeBSD 12.2, NixOS 20.09 and WordPress 5.6 Beta 2

    Links for the day



  27. Taking Our Efforts to the Next Level in an Increasingly Proprietary and Hostile Web

    Web users are being repressed by mechanisms of mass manipulation, control and restrictions; the Web may not be going away any time soon, but architectural and topological issues need to be overcome (the sooner, the better)



  28. Read Techrights Without a Web Browser

    Any text editor can now be used to read Techrights, owing to a daily bulletin we've set up and will maintain every day



  29. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  30. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    Links for the day


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