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

04.11.20

The European Patent Office Admits That It’s Faking Its ‘Results’ by Granting Loads of Illegal Software Patents

Posted in Europe, Law, Patents at 8:37 am by Dr. Roy Schestowitz

Clear and obvious violation of the EPC, but today’s Office treats the EPC like Donald Trump treats every law he has run over

We saw growth in patents. Patents on software

Summary: The EPO is making it easy for all to see that much of its supposed 'growth' actually comes from patents that it should never have granted in the first place because they’re illegal

THE DANCE or the “waltz” around the term “software patents” isn’t a new thing. The EPO has done that for well over a decade, preceding the Mafioso and and his ‘son’. “CII” used to be the most common dance around the most meaningful and fundamental term, but people caught up with the true meaning of it; so the game of words moved on a bit, with “CII” being more like the old and familiar ‘dinosaur’. When one says “CII” inside and outside the EPO people generally know that it’s a synonym (“software patents” with words like “invention” inserted for extra excitement). Who would deny a patent on an actual “invention”? After all, algorithms are inventions in the same sense cookie recipes are inventions. Or mathematical formulae.

Anyway, we’ve already written several hundreds of articles on the topic of why software patents are undesirable, harmful and unwanted by almost every single person who develops software (coder/programmer/tester or more modern buzzwords like “DevOps”). We’re more or less certain that senior EPO examiners are familiar with the arguments and they generally know that it tends to be a battle between attorneys and actual (practicing) engineers. One group wants to work in peace and another group wants to destroy in war. Too blunt? Well, it’s true. Ask those attorneys what computer program/s they wrote. I asked some before; someone called Gene Quinn (Watchtroll’s founder) even lied to me about it, then he ran away and blocked me in Twitter (to escape any further questions, which embarrassed him and destroyed his credibility/integrity). It turned out he didn’t even know what a computer program is and how it works (he insisted a markup object/Web page was a program!).

“It brags about granting illegal patents.”Anyway, today’s European Patent Office (EPO) illegally grants patents on all sorts of things and then brags about it. It brags about granting illegal patents. The people who manage the EPO aren’t coders and they don’t really understand what they grant patents on. All they care about it a bunch of graphs and plots moving upwards. What about quality? They call speed “quality”; the faster they grant, the better the… quality?!

Just before the weekend the EPO boasted: “With a #patent application increase of 10%, #computertechnology was the second fastest growing technology field at the EPO in 2019. https://bit.ly/DigitalisationIndex … #EPOPatentIndex”

Oh, here we go again with “DigitalisationIndex” and “computertechnology” (so broad and vague a category). Then they did “DataRetrieval”; More buzzwords for illegal software patents that aren’t allowed in Europe — patents that the EPO is granting and mostly to American firms (US and Canada), by its very own admission: “In #DataRetrieval, applicants from the US led in terms of share (48%), while EPO member states (23% share) continue to steadily innovate in this field. Further details: https://bit.ly/DigitalisationIndex … #EPOPatentIndex”

So they’re granting loads of software patents, giving these monopolies to American companies. What’s in it for Europe? Nothing.

The EPO also tweeted: “Applications in image data processing and generation have also spiked. From 2018 to 2019, the field received 11% more #patent applications. https://bit.ly/DigitalisationIndex … #EPOPatentIndex”

This is my area of research. More illegal software patents are being granted, soon to be categorised as “image data processing and generation” (that’s maths!). These patents are being illegally granted by corrupt EPO management, looking to fake ‘growth’. It’ll certainly pave the way for frivolous litigation and extortion in Europe. All this to the detriment of everyone but patent trolls and law firms…

The EPO then tweeted: “Our European Patent Academy’s #elearning centre offers a broad range of online training courses on #patents and IP topics. http://bit.ly/EPO_eLearning”

This page starts with “Videogaming and IP: how to play the game” — another class of software patents (on games).

Are the EPO’s best spinners ill? Are they replaced by cheaper PR staff that’s openly bragging about software patents several times per day?

The EPO also bragged: “Between 2018 and 2019, the EPO posted a 29% overall increase in patent applications in #MachineLearning and #PatternRecognition. https://bit.ly/DigitalisationIndex … #EPOPatentIndex”

How much more obvious can it get? Those are software patents! No question about it. There’s not even a “device”…

In other words, the corrupt EPO management decided to break the law (yet again) and allow such patents against all treaties and laws. This while shielded — with diplomatic immunity of course! — so the people responsible for this crime will never be held accountable.

They’re setting up an avalanche here. The US saw the same thing. Here’s a brand-new example of “CII” falling on its sword again at the Federal Circuit in the US. It’s a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.”

Here’s what happened, as reported a couple of days ago:

The Federal Circuit has an internal practice of only issuing R.36 affirmances-without-opinion in cases where the court holds oral arguments. Most of the oral arguments have been cancelled for the court’s April sitting. The result then is that either (1) the court is going to write a lot more opinions or (2) the court will shift its practice to now start issuing no-opinion judgments even without oral arguments.

Today’s short decision in In re Thomas (Fed. Cir. 2020) (per curiam) suggests to me that the court will be writing the opinions. Douglass Thomas is a patent attorney and his claimed invention is a “computer-implemented method for notifying users having patents of subsequent publications that reference the patents.” The examiner rejected the claimed invention as ineligible and that decision was upheld by the PTAB (along with finding the claims anticipate/obvious).

So even US courts are nowadays rejecting the sorts of patents the EPO is granting.

The EPO tweeted: “Curious about #blockchain & #patents? We’ll be talking about the patent landscape in this field at this free-of-charge webinar: https://bit.ly/2V56AJV”

Here they go with “blockchain” again…

The cited page (warning: epo.org link and requires JavaScript to view) says: “In this webinar we will present the emergence of Blockchain related technologies in terms of patenting activity. Blockchain has captured the attention of the public and research has intensified in this field over the last few years, making it a highly interesting topic of study for patent analysis in order to obtain insight into the developments of this emerging technology.”

They also grant patents on blockchains whilst openly admitting that those are software patents.

Over in China, the ‘role model’ of today’s EPO, the patent office is formally allowing software patents or patents on mere maths. This helps fake ‘innovation’ in circles that measure that based on number of patents alone. Days ago the patent maximalists published this article entitled “China’s new patent examination guidelines a boon for AI and blockchain” and Karry Lai said “IP counsel from IBM, Megvii and others welcome CNIPA’s open approach but see room for more clarity…”

When IBM asks for “clarity” it basically asks for broader patent scope. IBM continues to blackmail loads of companies using its thousands if not tens of thousands of software patents.

Someone has just pointed out, citing an article in German, that “[C]hina has most patents in 2019″ and I responded by simply stating that it says nothing about the quality of patents. China flooded WIPO with junk and WIPO likes it (fake ‘growth’). “I can make my own patent office,” I added, and “grant a million patents a day ;-)”

The upcoming avalanche of fake patents will be costly not to law firms but to productive companies gullible enough to pursue such patents, based on a misunderstanding or misinterpretation of law.

In the US, for example, the number of new patent lawsuits that involve software patents declined a great deal. It’s not even easy to find such lawsuits anymore. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) often thwart such patents before they even reach the courts.

Suffice to say, patent maximalists and sites in their pockets have no problem with any of that; they profit from this sort of patent inflation. Here’s a new ‘ad for an upcoming “Webinar on Proofreading Your Patent…”‘

Maybe if you focus on typos rather than substance your patent isn’t about invention but shallow formality for unjust monopoly.

Over at IP Kat we’re noticed Anastasiia Kyrylenko doing ‘ads’ for CEIPI, which is run by a criminal, Battistelli, along with EUIPO, WIPO, and the villainous 4IP Council. That says a lot about what interests today’s IP Kat is interested in pushing. “CEIPI has announced that its “New Trade Mark Law in France” conference is now going online,” she wrote. Remote working must be good for Battistelli, their chief. Now he can drink his expensive wine boxes all day long, being drunk on the ‘job’ whilst ordering additional crates at tens of thousands euros apiece, using the money he stole from the EPO.

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. IRC Proceedings: Sunday, August 09, 2020

    IRC logs for Sunday, August 09, 2020



  2. Release: Bill Gates' Engineer Busted for More Child Pornography Than Reported in the Media

    Based on our analysis, which was repeated carefully twice, the sum of recognised hashes turns out to be about 7,500 (7,430 objects), which is more than was reported in the media after the arrest of Rick Allen Jones at Bill Gates' mansion



  3. Links 10/8/2020: KPhotoAlbum 5.7.0 and MX Linux RC

    Links for the day



  4. UserLibre: What I Want You to Get From This Book

    "Corporate-backed lies run the world, and the FSF used to get in the way."



  5. Even the Mainstream/Corporate Media is Trying to Study Why (or If) Bill Gates and Epstein's Sex Abuse Ring Were Closely Connected

    People in the media are eager to understand why Mr. Gates was so close to Mr. Epstein and even flew his plane (despite having several of his own)



  6. The Incredible Demise of News Sites About Patents

    Sites for (and by) patent lawyers/attorneys seem to be perishing, which means it's hard to know what's going on



  7. Understanding Users and the Three Kinds of Computers: New, Slow and Broken

    "Understanding the user is the first step towards a practical response to misconceptions."



  8. The Good and Bad of a (GNU?) BSD (not GNU/LINUX) Future

    "The software industry now occupies Free software's own territory. No longer is it Free software vs. Windows and MacOS, it's Free software vs. GIAFAM-co-opted Free software."



  9. Links 9/8/2020: Popcorn Computers Pocket PC and New Interview With Richard Stallman

    Links for the day



  10. Education and Free Software

    "If students learn how to code, they'll be able to figure out the applications."



  11. Features Considered Harmful (Revised)

    "But the benefits of Free software, free candy and new features are all meaningless, if the user isn't in control."



  12. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  13. I Would Have Supported the Coup (Under Very Different Circumstances)

    Richard Stallman's (rms) ordeals are showing us how not to deal with a founder; this is how power transition could be done instead, according to figosdev



  14. It Looks Like Red Hat's (IBM) Fedora Project May be 'Outsourced' to Amazon's Datacentres

    In "seeking a more modern and cost effective location" for Fedora Infrastructure it seems to have been decided, privately, that Amazon (AWS) would be the new home of this project; but there's sufficient obfuscation surrounding the matter and many people seem to be totally unaware



  15. IRC Proceedings: Saturday, August 08, 2020

    IRC logs for Saturday, August 08, 2020



  16. Fearmongering Was Originally an IBM Thing, Not a Microsoft Thing

    Microsoft made FUD famous, but it was actually IBM’s practice that made it commonplace in the first place (the term or acronym was coined before Microsoft even mattered and on the same year Microsoft was founded)



  17. [Meme] People Get Fired for Being Bought by IBM (With a Crummy Severance Package)

    IBM used to proudly provide job security and one could have a job there for decades (career ladders and worker benefits of all sorts are what some people assess this when looking for an employer, e.g. whether they can progress, get promoted, stay onboard); by today’s standards only a month’s salary is exceptionally bad, especially when one gets fired without warning, but this is what IBM did to some Red Hat employees



  18. New FSF Video Makes the Case Against Microsoft GitHub (and Similar), So Why is the FSF's Board Being Filled Up With Active GitHub Users?

    The FSF makes a good point about “important values like autonomy, sharing, social responsibility, and collaboration” — the very things that are under attack by Microsoft’s GitHub, which is all about coercion and monopolistic control over developers



  19. Techrights is Not Against Microsoft

    It may be a suitable time to explain why Microsoft is mentioned so much and why it's not a fixation but a reactionary priority



  20. The THRIVE Guidelines

    "Nobody is perfect, and it's obvious that people already hold some to a more unreasonable interpretation of their standards than others."



  21. Links 8/8/2020: Mageia 8 Hits Beta and FSF Has New Video

    Links for the day



  22. [Meme/History] OpenPOWER or Just White POWER?

    Antiwar and anti-nukes activists cannot support those causes and support IBM at the same time, as the founder’s son (father received a medal from the Nazi Party) flew “an American heavy bomber” and enjoyed a track record of nepotism, propelling him to the top both in the military and at IBM



  23. Rebuilding Communities

    "First, we should talk about how our communities have regressed."



  24. [Meme] Microsoft in 2020: Liaising With Criminals to Make Crime the New Normal

    As the TikTok situation serves to show, Microsoft is little but a criminal cult that relies on other criminals to do Microsoft's biddings



  25. The Computer Anybody Can Edit

    "Without rebuilding and recompiling all of the packages on a large distribution, it is possible to "remaster" an ISO and get a different system -- even before you install it."



  26. Former Microsoft Employee on So-called 'Journalists' Being Blackmailed by Microsoft

    Mitchel Lewis, a former Microsoft employee, remarks on Mary Jo Foley being 'punished' by Microsoft for not mindlessly publishing Microsoft propaganda (we remarked on this before as she had spoken to me about this over a decade ago)



  27. IRC Proceedings: Friday, August 07, 2020

    IRC logs for Friday, August 07, 2020



  28. For the Want of a Pixel

    "It is still possible to win, but the FSF has practically left the field."



  29. Ubuntu and Fedora Project Serving Microsoft

    The Ubuntu 'community' as well as the 'community' component of Red Hat (IBM) don't view Microsoft as a rival; over a decade ago Mark Shuttleworth accused Microsoft of "extortion" and "racketeering" (his words), but now he's paid to change his tune



  30. (Don't Let's) Throw Caution to the Wind

    "As it will become crucial to explain, the effect of all this dancing around truth and reality was to transform a volunteer force primed to bring freedom to users into cheap labour for an industry that exploits everyone in it -- all the way to the very top of Open Source itself."


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