06.04.20

The Huge Damage (Except for Patent Lawyers’ Bottom Line) Caused by Fake European Patents

Posted in Europe, Patents at 10:33 pm by Dr. Roy Schestowitz

Invalid patents that should never have existed at all

Patent Trolls and troll feeders like Philips, António Campinos and you

Summary: The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits

THE LIARS from IAM have of course told us as recently as days ago that quality of European Patents — and the EPO in general — is fantastic. They’ve been spreading this lie repeatedly for Benoît Battistelli (and he then cited them), so why not for António Campinos as well? IAM is a facilitator and enabler of endless abuse. “Immoral think tank” is an understatement.

So according to IAM, everything is fantastic!

Never mind what actual EPO examiners tell and warn about, including software patents in Europe which they don’t like granting (but Campinos almost forces them to, using EPC-incompatible guidelines).

“According to sources,” JUVE says, “a European Patent Office examiner cited a prior art document in the granting of the original EP 988 patent.” So why was it granted? Look what a mess it led to (lots of money spent on law firms):

In January 2018, the Federal Patent Court in Munich declared Philips patent EP 15 71 988 null and void. The German Federal Court of Justice upheld the decision on 14 May 2020, in confirming the patent as nullified. The patent concerns activity monitoring in communication systems. The Philips patent is non-essential, otherwise known as an implementation patent.

Wiko, ASUS, Archos and HTC were the nullity plaintiffs in the dispute. This is another victory for them in a Europe-wide dispute with Philips. According to sources, a European Patent Office examiner cited a prior art document in the granting of the original EP 988 patent. However, sources say the same prior art document is behind the Federal Court of Justice’s revocation decision.

All this legal chaos could be prevented; the whole point of patent examination is the prevention of monopolies on things that are either unoriginal or aren’t covered by patent scope. Philips also operates through proxies such as Sisvel and a lot of the time these fake patents can lead to a settlement without the lawsuit that renders underlying patents invalid. So to say something like, “well, you can always take it to court” is a totally moot point. Small businesses cannot even afford the legal challenge.

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. Links 22/1/2021: pfSense Plus, Endless OS Foundation, and Many Laptops With GNU/Linux

    Links for the day



  2. The Linux Foundation is Trying to Obscure Racism Using Microsoft-Inspired Tactics (Vouchers Disguised as Actual Money)

    The Linux Foundation and its PR stunts don’t help combat racism; one might argue that the Foundation is leveraging racism, which prevails in the US, to paint itself as benevolent and caring (offering immaterial things and self-serving press releases)



  3. InteLeaks – Part XXVII: 'Pulling a Nokia' on Intel (Outsourcing to Microsoft)

    The recommendation of an Intel marriage with Microsoft (even in units that deal mostly with Linux) is an insulting slap across the face of developers employed there; we take a look at recommendations made to IoTG (Intel) by a firm with Microsoft orientation



  4. IRC Proceedings: Thursday, January 21, 2021

    IRC logs for Thursday, January 21, 2021



  5. InteLeaks – Part XXVI: Harbor Research is Horrible 'Research', Lacking Actual Technical Background

    Having looked at the members of staff of Harbor Research (individually), it seems clearer now why they have an affinity for Microsoft and why they're directing Intel to liaise with Microsoft and become a prisoner of Microsoft (even in areas where Microsoft is increasingly irrelevant)



  6. Links 21/1/2021: Raspberry Pi Pico, Ubuntu 21.04 Picks GNOME 3.38, KDE Plasma 5.21 Beta

    Links for the day



  7. How a Newly Inaugurated President Biden Can Advance Software Freedom (If He Actually Wishes to Do So)

    Techrights has 'Four Suggestions' to President Biden, the 46th 'front end' of American plutocracy



  8. InteLeaks – Part XXV: Intel's Brain Drain Leads to Unusual Measures

    As the company once known as 'chipzilla' loses its relevance and dominance in the market it's reaching out to retired people, trying to get them back onboard



  9. Hey Hi (AI) is Just a Trojan Horse for Illegal Software Patents, According to EPO Management and Litigation Firms It's in Bed With

    The longtime pushers or the lobby of patent profiteers just carry on pushing for software patents, nowadays latching onto the inane and unwarranted media hype around Hey Hi (AI) — a hype wave that was co-opted by EPO management to grant unlawful patents



  10. The Central Staff Representatives (CSC) of the EPO Are Petitioning to End the Assault on EPO Staff

    The EPO, just one month after the staff went on strike, is about to receive a compelling petition to stop the assault on EPO staff



  11. InteLeaks – Part XXIV: Love for Microsoft, Not for Free Software or Whatever Replaces Microsoft

    Intel is basing its big decisions on buzzwords and firms that master buzzwords; it's sad that instead of listening to Intel's own (in-house) engineers it's relying on a bunch of clowns who push 'Clown Computing' and 'apps' and 'UX'...



  12. IRC Proceedings: Wednesday, January 20, 2021

    IRC logs for Wednesday, January 20, 2021



  13. Links 21/1/2021: Google Tightens the Screws on Chromium, VideoLAN VLC 3.0.12

    Links for the day



  14. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  15. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  16. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  17. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  18. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  19. 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



  20. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



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

    Links for the day



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

    Links for the day



  23. 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



  24. '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



  25. 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)



  26. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  27. 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)



  28. 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



  29. 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)



  30. 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)


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