EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.06.19

The EPO Rejects Innovation

Posted in Courtroom, Europe, Patents at 6:17 am by Dr. Roy Schestowitz

Litigation, litigation, litigation, litigation, even frivolous litigation

Innovation vs Litigation = waste of time and money

Summary: The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop

THE European Patent Office (EPO) is led not by a scientist; several consecutive presidents, including António Campinos, had no background in science, so it’s hardly surprising they deem lawyers — not scientists — as those to be served. And they even use terms such as “Clients” or “Customers” (as if the EPO is a private, for-profit corporation whose sole goal is maximising revenue).

“How about databases on the network? Oh, blockchains? Yes, let’s just overcomplicate things.”This very simple (albeit not shallow) observation could not be avoided or overlooked by EPO staff, notably examiners. Who are they even led or managed by? A nonscientific, law-breaking cabal often younger than the examiners themselves? People who choose buzzwords over substance? Mere marketing lingo which they can’t even explain, let alone understand? Earlier this week we saw the EPO promoting software patents in Europe again — patents that are illegal and can only be excused using hype waves few people can grasp. How about databases on the network? Oh, blockchains? Yes, let’s just overcomplicate things.

“A year ago,” the EPO tweeted, “experts in #blockchain discussed its possible impact on the #patent system.”

The EPO has since then distorted its guidelines to permit if not encourage patents on “hey hi” (AI) and stuff like “blockchain” (most algorithms that depend on some database can be spun or twisted that way). Got some data? Got some logic (loops and conditional statements)? Give it to some attorney who can spin that as some “hey hi on the blockchain…”

“X on a car”

“Y on a mobile”

“Z over the Internet”

Remember all those “on a computer” patents?

That fashion is back in Europe, having been borrowed from the US.

“The EPO has since then distorted its guidelines to permit if not encourage patents on “hey hi” (AI) and stuff like “blockchain” (most algorithms that depend on some database can be spun or twisted that way).”Hey, it’s not like examiners can refuse, right? With new guidelines in effect and with growing risk of dismissal, it’s a lot safer for them to swiftly grant these bogus patents. “Patentees Need to Act Fast as the EPO Opposition Timeline Tightens” is the title of what Watchtroll posted yesterday. Watchtroll is a close ally of the EPO and it shares its attacks on judges with EPO management. They’re fantastical patent zealots and this article was of course composed by litigation people, Katherine Green & Emily Hayes (first article in Watchtroll). Taking EPO advice from Watchtroll would seem suitable to EPO management, but not anybody else. Watchtroll is a radical site, which says (this week) that “Now is the Time to Put the PTAB [the court itself] on Trial” (article by Gene Quinn, the founder). Maybe they’ll also call for assassination of patent judges one day (revenge for ‘killing’ patents).

What’s it all about? It’s about PTAB applying the law, 35 U.S.C. § 101, to invalidate patents wrongly granted by the USPTO. So Watchtroll wants the judges themselves to be put on trial! Perfectly normal, right?

In EPOnia the attack on judges has been normalised, as was the attack on the media. The EPO sent threats to journalists and bribed a lot of them as well. So now we’re left with no objective coverage (if any) about EPO scandals. Even past EPO critics (publications) seem to have sacked good writers, replacing them with ‘docile’ corporate writers. Check out this new EPO puff piece from World Intellectual Property Review (WIPR), composed by Rory O’Neill who ended up copy-pasting quotes from the EPO’s press release while offering nothing new, no insights. Is this what qualifies as “journalism” nowadays? Maybe they should also frame every Donald Trump “tweet” as fact and present that as “journalism”.

“In EPOnia the attack on judges has been normalised, as was the attack on the media.”The EPO has meanwhile published this latest nonsense (warning: epo.org link) about a “Working Party”; it used to present “Working Party” for patent quality (obviously a publicity stunt), but this one is for “Guidelines” because the latest EPO guidelines likely violate the EPC in a lot of ways. To quote the press release:

Members of the SACEPO Working Party on Guidelines and the EPO met on 27 November to discuss the annual revision of the Guidelines for Examination in the EPO and the Guidelines for Search and Examination at the EPO as PCT Authority.

[...]

The meeting formed a part of the EPO’s efforts to involve users in the revision of the Guidelines, a goal expressed in the Strategic Plan 2023 that was adopted by the EPO’s Administrative Council in June. During the meeting a move to broaden the spectrum of external involvement through a public online consultation on the Guidelines was unanimously embraced by the participants. The meeting was also used by the Working Party members and the EPO to discuss the details of the planned consultation which should start in March next year.

What next, EPO? Working Party on staff relations? Working Party on transparency? Working Party on workers’ welfare? Working Party on googlebombing the Web with misinformation about a topic of concern?

Now sit back expect the likes of IAM and WIPR to parrot the above (in days to come). This is what “journalism” in the area of patents has been reduced to. The litigation lobby hijacked everything in circulation (even anonymous comments get deleted!) — a mundane lobbying/coup facilitated by threats and bribes.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  2. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  3. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  4. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  5. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  6. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  7. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  8. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  9. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  10. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  11. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  12. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  13. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  14. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  15. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  16. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  17. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  18. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  19. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  20. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  21. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  22. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  23. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  24. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  25. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  26. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  27. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  28. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  29. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  30. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020


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