11.04.19

The European Courts Won’t be Receptive When European Patent (EP) Just Means Invalid Patent (IP)

Posted in Europe, Patents at 5:48 am by Dr. Roy Schestowitz

…Like US courts after 35 U.S.C. § 101 — a fundamental change that US Patent and Trademark Office (USPTO) leadership too continues to ignore, granting invalid US patents that recipients won’t dare take to courts

I wanted to cure my patients but 'award-winning' patents stood in my way

Summary: The growing risk associated with lawlessness at the second-largest institution in Europe is a load of invalid patents that courts cannot throw out quickly enough (it’s also far too expensive)

THE PERSISTENT fight for patent quality in Europe is mirrored/followed by a similar fight in the US (politicians intervened last week, but we didn’t cover that; it’s in Daily Links instead). Examiners know that the longterm job prospects — theirs as well as others’ — depend on staying true to the original principles of patenting. Patents need to be granted when and where it’s demonstrable that the impact on innovation would be positive. That’s clearly not the case when it comes to software patents because copyright law covers code and patents on algorithms mean patents on algebra or maths. Statistics (stats) are nowadays framed as "hey hi" (AI) to somehow justify patents on them.

“Statistics (stats) are nowadays framed as “hey hi” (AI) to somehow justify patents on them.”Things aren’t any better when it comes to patents on life and nature. Yesterday we saw the loudest proponents of such patents (patent law firms, obviously) heralding the “Launch of New [sic] Diagnostics [sic] and Cancer [sic] Advocacy [sic] Group” and it’s pure evil. They call themselves “New Cures for Cancers” and it is a scam; it’s a poorly-named lobby group for patent maximalists, pretending that it cares for cancer patients. It kills cancer patients for corporate profits. So much for “cures”… maybe fiscal cures for their (billionaires’ and law firms’) financial worries. Remember that patents on cancer treatments may actually harm cancer patients [1, 2, 3]. They very well know this and now they lobby against the highest court, SCOTUS.

“So much for “cures”… maybe fiscal cures for their (billionaires’ and law firms’) financial worries.”Europe has the same problem. Patents on everything under the Sun are being granted by António Campinos. Even Battistelli mentioned the word “quality” more than Campinos has — albeit neither of them actually means quality for they conflate that with speed. The European Patent Office (EPO) strives to be just a rubber-stamping operation (while maintaining the minimal or sufficient perception that it is not).

Early this morning Life Sciences Intellectual Property Review (pushers of patents on life; the site’s name alone contains at least 3 lies) spoke about EP #2771468 — a subject we aren’t new to; we’ve covered it almost a dozen times and mentioned it as recently as last week. The Board of Appeal of the European Patent Office (EPO) wastes time dealing with patents which very obviously must not be granted, based on the EPC and instructions from Parliament. Here’s what boosters of patents on life are saying today:

The Board of Appeal of the European Patent Office (EPO) has issued new communication summarising issues that will be discussed at a hearing on whether the EPO erred in its revocation of a patent owned by the Broad Institute.

The patent in dispute (European patent number 2,771,468) covers CRISPR/Cas9 technology for the “engineering of systems, methods and optimised guide compositions for sequence manipulation”.

The Board of Appeal lacks the independence it needs to thwart this patent like it should because the lawlessness of the EPO persists. How many people will need to die before this gross systemic injustice is tackled?

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

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. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  2. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  3. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day



  4. Links 19/1/2021: Krita 4.4.2 Released and JingOS Hype

    Links for the day



  5. Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

    The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion



  6. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations



  7. InteLeaks – Part XXI: Intel Seeking Advice From a Bunch of Clowns (Harbor 'Research')

    A firm called Harbor 'Research' is making dubious recommendations to Intel; as shown in the above video, there's also an obsession with buzzwords (typically suggestive of a lack of technical grasp/understanding)



  8. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  9. The US Election Was Not Rigged, But the Nomination Process Was (Undermined to Maintain Control by Oligarchy)

    Cheating/driving the left out of the Democratic Party seems like a longstanding tradition and we know who stands to gain from it; moreover, problems remain in the voting process because it's controlled by secret code of companies like Microsoft (in spite of the openwashing)



  10. InteLeaks – Part XX: Redacted (for Names Only) Release of Intel File About Developer eXperience (DX) Meddling in GNU/Linux

    Today (or tonight) we release the first 'phase' of InteLeaks in a sensibly redacted form; coming up next is a surprise from Team Microsoft



  11. Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

    It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that’s hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)



  12. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)



  13. Links 18/1/2021: GNU Radio 3.9, Wikipedia at 20

    Links for the day



  14. InteLeaks – Part XIX: Intel's Web 'Experts' Seen as Microsoft Champions Dealing With the Platform Microsoft is Looking to Destroy

    Things aren't rosy at Intel because the hires aren't suitable for the job of documenting and/or presenting GNU/Linux-centric products (whose target audience is Free software developers)



  15. Adding Images as Characters to the Daily Bulletins of Techrights

    Our daily bulletins now have inside them coarse graphics, depicted using characters alone, and the tool used to generate them announced a new release earlier today; we showcase some of its features (in a new video)



  16. Links 18/1/2021: Weekly Summaries and Linux 5.11 RC4

    Links for the day



  17. IRC Proceedings: Sunday, January 17, 2021

    IRC logs for Sunday, January 17, 2021



  18. The Oligarchs' Parties Will Never Choose the Side of Software Freedom Because Free Software Cannot Bribe Officials

    The tough reality is that next week's (or this coming week's, depending on what Sunday counts as) inauguration ceremony is partly symbolic as all the same and important issues remain largely untouched, for corporations control almost everything of significance



  19. COVID-19 Has Actually Helped Software Freedom Due to Financial and 'Spare Time' Factors

    Developers and users are increasingly exploring what the Free software world has to offer; this is actually measurable and it contradicts claims to the contrary



  20. Future Plans and Using Videos to Complement Text

    Remarks on recent and impending site changes; We are not replacing text with video, we're just trying to enhance the presentation a bit, especially where visuals help make a point or where browsing through Web sites (or leaks) is more suitable than static, linear presentation



  21. InteLeaks – Part XVIII: Intel Does Not Know How to Properly Do Research and It Seems Apparent Unscientific Methods Are Used to Justify Poor Documentation

    There appears to be a severe crisis at Intel; they cannot recruit scientists (or those whom they recruited are walking away) and as a result the company produces bad products with poor documentation (or highly defective chipsets that top-notch marketing cannot compensate for); in this video we walk through some examples of how studies are being conducted (as already noted in Part XVII)



  22. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part III: The Free Software Foundation (FSF) Seems More Like a Victim of Destabilisation Campaigns

    The Free Software Foundation (FSF), which turns 36 later this year, is looking to raise money that helps support the GNU Project, soon 38 years old and likely the most important Free software project to exist (ever)



  23. Links 17/1/2021: EasyOS on Raspberry Pi and GNU libsigsegv 2.13

    Links for the day



  24. InteLeaks – Part XVII: The High Cost of Microsoft Windows Users in GNU/Linux Development Teams

    A look inside Intel explains what holds back the technical team, which bemoans the lesser technical people getting in the way and not even using the product that they are writing about



  25. IRC Proceedings: Saturday, January 16, 2021

    IRC logs for Saturday, January 16, 2021



  26. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part II: Why Bradley Kuhn Left the Free Software Foundation (FSF)

    The founder of the FSF is still at the FSF (albeit not publicly) and the person who lobbied to oust him has basically been 'banished' by the founder



  27. Links 16/1/2021: LibreOffice 7.1 Release Candidate, Zeroshell 3.9.5, FreeBSD Report, and GhostBSD 21.01.15

    Links for the day



  28. Free Speech on the Web Not Respected by Companies That Used to Support Software Freedom

    Mozilla does not have to make its Web browser about politics; it can just make an excellent piece of software that is neutral about the Web pages that it renders, based on the user's personal preferences



  29. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part I: We Are Under Attack by Corporations and Their Salaried Facilitators

    The corporate takeover (taking over the Commons, produced by volunteers who are motivated by altruism) is a subject we must speak about and somehow tackle; this series will highlight uncomfortable or difficult truths



  30. InteLeaks – Part XVI: Intel Cannot Do Command Line, Even When It's Vastly Simpler and More Suitable for Development

    The Developer eXperience (DX) team at Intel seems to be full of Microsoft drones instead of developers and/or mildly technical people; this has not only harmed the quality of documentation but also upset staff, alienating people who actually understand what developers need (more than buzzwords like "DX")


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