Bonum Certa Men Certa

Injustice at Every Level Would Simply Doom the Entire Patent System

Lack of respect for the fundamental laws and for constitutions (or the EPC) means the culprits cannot lecture the public on the need to obey the law

We break the law because we need to run an office to apply the law
And they hope to also enforce the law (with the UPC)



Summary: Repeated failure to restore the Rule of Law and enforce accountability/oversight in Europe's patent system renders the entire system moot; it is a case of adherence to basic constitutional pillars

UTTER LAWLESSNESS has long been a problem in EPOnia. Stakeholders cannot sue anyone but other stakeholders, staff cannot sue the management (no matter the circumstances or severity of grievances), and ILO-AT seems to be 'in bed' with EPO management. The EPO's judges are openly complaining that they lack the independence they require (as per the law) and examiners say they cannot do their job properly anymore.



Only patently dishonest people would claim that there's no problem at the EPO. The future isn't rosy, either. The EPO has issued the "news" "European Patent Office launches new Espacenet, improving access to world’s largest free collection of patent documents" (warning: epo.org link), soon to be boosted by Watchtroll (stenography from litigation fanatics and patent trolls).

"Only patently dishonest people would claim that there's no problem at the EPO."The quality of patents granted by the European Patent Office (EPO) under Campinos and Battistelli is rapidly decreasing, as will the value of these documents. All those software patents would likely perish in practice (e.g. in European courts, if challenged).

As someone noted earlier today in IP Kat comments:

Alice, Mayo and Myriad attempted for policy reasons to limit what was patentable in the computer-related and biotech field. Part of the reasoning was to make sure the 'building blocks of innovation' were not monopolised, i.e. stayed part of the commons. The IP community reacted by simply seeing the increased uncertainty, as you say, but there are much broader ramifications. Unfortunately economists have not jumped in and given us the numbers for how much the economy would benefit or lose. They only do the easy analyses, and don't tackle the really complex things. And if economists don't do this, then government has no way of seeing the real impact of what the Supreme Court was doing. So government sees no point in trying to protect the commons, because in trying to do so it will only see the criticism of the IP and R&D community, without any means to look at the gain.


The EPO has meanwhile moved in the opposite direction of the US. It's introducing all sorts of laughable patent 'families' and uses buzzwords like 'hey hi' (AI) to justify granting patents on mathematics. And who's gonna stop that? The EPO is virtually above the law and when it breaks laws nobody is held accountable. This means that lots of Invalid Patents (IPs) or bogus European Patents (EPs) are being given for those likely to just use them in bulk for blackmail or against small actors for 'protection money'. This is the very opposite of justice.

"...this is a repetition of the same mistakes which led to the granting of loads of fake patents -- patents that simply would not withstand challenge outside the EPO."Surely Max Walters (longtime writer for the patent microcosm) knows that quicker oppositions would mean sloppier ones, i.e. ones that are likely to leave fake patents in tact. But today he echoes a similar 'report' from WIPR 'sphere' (more patent maximalists in the EPO's pockets) by saying that lawyers "welcome opposition speed but want clearer BoA data". To quote: "In-house lawyers in the pharmaceutical industry say data showing that EPO opposition procedures are speeding up provides clarity but that more information should be published on how successful subsequent appeals are."

Speed is the wrong thing to measure. As we noted earlier this week, this is a repetition of the same mistakes which led to the granting of loads of fake patents -- patents that simply would not withstand challenge outside the EPO. The EPO now hopes to 'steal' all the courts -- a subject we'll tackle in the next post.

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
 
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day