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

12.12.19

EPO Promoting Software Patents in Countries Where These Are Illegal

Posted in Europe, Patents at 2:43 am by Dr. Roy Schestowitz

Ready to protect the law and protest this afternoon

The unitary software patents
Image credit: Benjamin Henrion (FFII)

Summary: The EPO’s vision of ‘unitary’ software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won’t materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong

THE European Patent Office (EPO) does not seem to mind the EPC, which it flagrantly violates routinely. It doesn’t care what courts say, either (or Parliament). António Campinos came from EU positions, so he should know better. Battistelli got his EPO job through connections (arguably the INPI job as well) and his current CEIPI job was set up by Campinos, who vacated this position if not reserved it. It’s all corrupt. We find it ironic that a law school is literally run by a criminal now. Are lecturers and students all aware of it? Surely they all know of the Benalla scandals (if not other scandals as well).

“As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted.”The US patent system was shaken by 35 U.S.C. § 101, which nowadays invalidates just about every software patent that lands on a court’s or a judge’s lap. We cover new examples in Daily Links almost every day (no detailed articles due to lack of time). Nothing has changed.

What about Europe? Totally different story. As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted. Who’s to stop it?

Just promoted in Lexology was this item from Kilburn & Strode LLP’s Matt Aldridge and Kristina Cornish (patent litigation). It’s about San Marino ‘outsourcing’ stuff to the EPO (within about 3 weeks):

It was announced at the end of November that, effective 1 January 2020, San Marino has closed the national route and thus will no longer accept European patent applications, or act as a receiving office under the PCT. This does not mean that patent protection in this mountainous microstate is not available, rather that all applications must now be filed directly with the European Patent Office (EPO).

Closing a national route to filing a European application is not new.

A dozen EPC contracting states have already closed their national route, namely:

Belgium, Cyprus, France, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Monaco, the Netherlands and Slovenia.

Any PCT application must go through the EPO in order to obtain protection in these states.

Whilst this particular change is unlikely to have an impact on most filing strategies (there were only four applications made through the national route in San Marino in 2016), it is worth bearing in mind the potential advantages, and disadvantages, of using a national route when filing in Europe.

Letting a lawless, unaccountable, corrupt entity run or replace one’s national patent system is beyond unreasonable. We saw similar EU ambitions in UPC and those who shape everything were litigation firms, not scientists. There will be a protest against the UPC later today.

We’ve meanwhile noticed this new tweet from the EPO (from half a day ago). The EPO is very blatantly promoting software patents in Europe. It’s doing it again. Illegal patents. To quote: “Patents are granted for new inventions such as products and processes, including inventions carried out using computers. You can read more on #patenting computer-implemented inventions here…” (the cited page talks about “4IR” and “AI” — the usual buzzwords).

Another new tweet from yesterday spoke of “disruptive technologies such as … AI.” (in the cited page).

Yesterday the EPO wrote: “#patentfact: High-quality #patents are assets for inventors because they can help attract investment, secure licensing deals and provide market exclusivity.”

“So why does the EPO attack patent quality,” I replied, citing this EPO leak.

The matter of fact is, the EPO does everything it can to fake ‘production’ — typically by violating the EPC and turning the EPO into a patent ‘printing machine’. This includes patents on mere concepts.

The EPO’s propaganda arm, IAM, is still posting so-called ‘news’ that’s actually lobbying pieces from litigation firms looking to legalise illegal patents such as software patents. “Australian lawyers pushing for software patents,” wrote Benjamin Henrion some hours ago, pointing to this recent article outside the IAM paywall. To quote:

One of the top issues on the agenda for this year’s IPBC Australasia was software patent eligibility – we knew that in the run-up to the event, a Full Bench of the Federal Court of Australia could be issuing a key ruling in the area. As it turned out though, there was no landmark to discuss. To judge from this morning’s panel on the topic, that has created significant frustration among stakeholders.

The closely-watched case was that of Encompass Corporation Pty Ltd v InfoTrack Pty Ltd, in which the claims of two Encompass-owned innovation patents were held invalid (not directed to a “method of manufacture”). The judges dismissed Encompass’ appeal, but passed over the opportunity to set down bright line rules.

Has IAM spoken to actual software developers? No! The usual.

Henrion and fellow technical people will protest in Brussels later today. The yellow shirts are ready (photo copied to the top of this article).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks
  • Ask
  • Digg
  • Mixx
  • Slashdot
  • StumbleUpon
  • Alltagz
  • BarraPunto
  • blinkbits
  • BlinkList
  • Bloglines
  • blogmarks
  • BlogMemes
  • Fark
  • Gwar
  • Klickts

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. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  2. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  3. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  4. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  5. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  6. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  7. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  8. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  9. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  10. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  11. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  12. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  13. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy



  14. Donald Trump's Trash Against China Helps Prop up Microsoft Monopoly and Distract From All the Microsoft Layoffs

    Microsoft as a surveillance giant of the United States government isn’t a myth; it was first in the PRISM programme of the NSA (Bill Gates is a loud proponent of NSA surveillance), it took over European Skype under mysterious circumstances, and now it might be getting TikTok as a ‘gift’ from Donald Trump’s friends and the imperialists, in effect confiscating Chinese assets for full-spectrum dominance



  15. [Meme] Testosterone Patent Office

    When you're running an office that's barely diverse at all and you paint a misleading picture of it expect backlash



  16. The Criminals Who Run the EPO Are Exploiting Lesbian, Gay, Bisexual and Transgender People to Distract From Their Corruption and Crimes

    The misuse of social justice causes by corporate interests has become grotesque; more people ought to speak about the ramifications and object/work against this misuse, which mostly serves to obscure or distract from the biggest issues



  17. EPO Workers Are Losing Their Homes and Losing Their Time Off; It's All About So-called 'Production'

    As another wave of attack on labour rights, European Patent Office (EPO) workers turn their homes into their workplaces and they no longer enjoy any real breaks from work (they work all year around, sometimes until midnight and overnight); they’re supposed to be thankful and even happy as if António Campinos does them a favour by not firing them (at least not yet) and because there’s a health crisis they should be grateful for anything thrown at them (Benoît Battistelli + disaster = Campinos)



  18. IRC Proceedings: Friday, July 31, 2020

    IRC logs for Friday, July 31, 2020



  19. Managing IP Still Champions Fake 'News' for Team UPC

    Managing IP does not care about its reputation; all it cares about is appeasing its clients by spreading falsehoods and perpetuating baseless hope



  20. Links 31/7/2020: Sys Admin Appreciation Day, GTK 3.99, Alpha of Wayland's Weston 9.0

    Links for the day



  21. IRC Proceedings: Thursday, July 30, 2020

    IRC logs for Thursday, July 30, 2020



  22. Microsoft Banned *GPLv3 (It Would Have Done the Same Even in GitHub Had GitHub Not Already Hosted GPLv3-Licensed Projects)

    Techrights reproduces this decade-old article from RMS



  23. People Who Believe Global Warning is a 'Hoax' Are the Types Who Might Think Microsoft Really Loves Linux

    Facts don’t seem to matter all that much when the Public Relations ‘industry’ pays to push lies (and “Microsoft loves Linux” is among those truly laughable lies, which are valuable to Microsoft's long-term objectives and are therefore repeated endlessly in the media for maximal effect)



  24. [Meme] GitHub is Not About Sharing But About Giving... Everything to Microsoft

    Microsoft wants to meet your ‘meet’ (meat) and assimilate it as Microsoft’s own; why would anyone still be giving anything (code, bug tracker, CI etc.) to proprietary and centralised (controlled by Microsoft) platforms in 2020? It’s a trap, as even the logo serves to suggest (octopuses putting their tentacles all over you and crushing you with their mouths).



  25. Bill Gates Calls the Chinese 'Pirates' (But He's Simply Projecting Again)

    The world's "most generous" person (according to publishers whom this "generous person" pays to write this) is saving the world from "pirates" (but not the ones in Somalia, just poor people in places like China)



  26. Microsoft Needs Linux (More Than GNU/Linux Needs Microsoft) for the Same Reason a Drowning Person Needs 'Revenge'

    There’s this persistent notion, based upon a deliberate lie (which Microsoft pays the media to perpetuate), that Microsoft has ‘come around’ and magically learned to “love” the competition (as if Ballmer and Nadella are opposites when they’re in fact friends and longtime colleagues); it’s obviously just a phase of a very old strategy and some out there are still in denial about it (this denial is being encouraged by the bribed publishers, notably the mainstream media)



  27. [Meme] It Was Only a Matter of Time All Along

    Taking boot level control away from computer users was a bad idea all along; giving Microsoft control over Linux booting was the icing on the cake (having to ask Microsoft for certificate/permission), not to mention an FSF award for it



  28. IBM and the Bomb - Part II: How IBM Sneaks Into Positions of Power (and Nuclear Power, Global Superpower, Nuclear Weapons)

    We remind readers of the role IBM played in unbridled armament (from which it profited a lot) whilst also picking diplomatic roles in the American government



  29. Karma or Hubris? Is #TorvaldsWasRight a Thing Now?

    Techrights did not forget how UEFI 'secure' boot came into kernel space; This proposal came from Red Hat and then foisted/pushed onto Linus Torvalds by at least 3 Red Hat employees (the mainstream media blasted Torvalds for his response to this 'offensive' technical move by Red Hat, helping Intel and Microsoft control silicon at CA level)



  30. Links 31/7/2020: New Thunderbird and FreeBSD Foundation, Now 20, Has Got a New Look

    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