06.13.20

Gemini version available ♊︎

Contrary to What ‘Managing IP’ Tells Readers, Australia Still Rejects Software Patents

Posted in Australia, Deception, Patents at 8:49 pm by Dr. Roy Schestowitz

Megaphones and loudspeakers of lawyers who profit from frivolous lawsuits

Harvesting Intellectual Property. It is not property. AYE PEE.

Summary: We live in an age when patent offices may be eager to grant/allow patents on things courts would reject; but moreover, the media in the pockets of litigation firms plays a role (lobbying for such invalid patents, based on falsehoods)

THE lies being disseminated with regards to software patents are hardly new. We already know, based on US courts, that software patents are generally abstract. They’re therefore not valid, even if the USPTO grants some, having cherry-picked 35 U.S.C. § 101 cases to misinterpret caselaw. We also know that all those software patents in Europe barely stand a chance in European courts. The next batch of Daily Links will contain several more outcomes where European Patents got squashed. It’s not cheap (the process takes money), but at the end we see that the European Patent Office (EPO) under António Campinos and Benoît Battistelli just issues a load of junk. Even examiners complain about it; it harms morale.

“We already know, based on US courts, that software patents are generally abstract.”A few hours ago we caught up with Managing IP, a site bought by a nefarious bunch that promotes litigation and fronts for lawyers. Well, Managing IP is at it again, posting spam for private companies (for a fee!) and even for firms that viciously lie to promote software patents in Australia. So you get a rough idea where their money comes from…

They’ve also just published summaries and headlines which use the term “IP harvesting”; aside from “AYE PEE” (IP) being a deliberate lie (propagandistic misnomer), harvesting? Seriously? What a disgraceful site… and this one comes from an author who’s a megaphone of patent trolls and Team UPC.

“A few hours ago we caught up with Managing IP, a site bought by a nefarious bunch that promotes litigation and fronts for lawyers.”Days apart the site was calling software patents “CIIs” or “computer-implemented inventions,” then speaking of “certainty” rather than validity. It’s about Australia, under the headline “Rokt decision boosts certainty on CIIs in Australia” (no, Australia does not allow software patents, but law firms try to figure out ways around that). From the outline:

Businesses will need to think carefully about how to draft claims for computer-implemented inventions – and may need to protect them as trade secrets

Notice the wording: “how to draft claims…”

“That’s just Managing IP in a nutshell; like the other site founded by the same scholar (IP Kat), this one became the very opposite of honest and anything remotely scholarly.”It’s about finding loopholes and sneaking in patents that likely aren’t eligible. So at the end they might get some fake patents that don’t stand a chance in courts; but since not many parties have sufficient budgets for a challenge/day in court, they might settle or desist anyway. Managing IP is crafting propaganda pieces like these on average twice per day. Nowadays the business model also includes ghosting for law firms. That’s just Managing IP in a nutshell; like the other site founded by the same scholar (IP Kat), this one became the very opposite of honest and anything remotely scholarly.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Wednesday, June 29, 2022

    IRC logs for Wednesday, June 29, 2022



  2. It's 2022 and Installing Software in GNU/Linux Has Never Been Easier

    GNU/Linux is easy to use and extend; the above demonstrates how new software gets installed, removed, and updated in KDE Neon



  3. Sitting Down Less

    Avoiding long periods of sitting down is important for one's health, especially in sedentary lifestyles or jobs



  4. Microsoft Windows Market Share in Russia in 2022: Down From 55% to 50% in 5 Months

    As June ends (last day today) let’s examine the rapid demise of Windows in Russia, even before the exodus media speaks of this week (an ongoing story)



  5. European Patent Office is a Kakistocracy Illustrated

    Benoît Battistelli and António Campinos aren’t just a “dark era” for the EPO; they might in fact be the end of the EPO, having made corruption the “new normal” or “new ways of working”



  6. [Meme] EPO Rewarding Corruption Instead of Upholding the Law and Protecting the European Patent Convention (EPC)

    Wednesday proved that the EPO actively guards corruption and protects Team Battistelli from scrutiny; instead of standing for patent law the EPO under António Campinos stands for overt violations of the law; national delegates are fine with it as long as they’re personally rewarded for complicity



  7. Links 29/06/2022: Collabora Online Developer Edition 22.05 and HPLIP 3.22.6

    Links for the day



  8. Links 29/06/2022: Ubuntu Touch OTA-23

    Links for the day



  9. Cautionary Tales About an António Campinos-Run EPO

    The EPO is basically doomed under António Campinos because he abandoned the law for short term monetary gains (e.g. granting fake software patents under the guise of “4IR”), assuring the demise of the institution, which can no longer attract employees that meet the standard strictly required under the EPC, begetting outsourcing which only worsens everything



  10. Sustainability of Crime at the European Patent Office (EPO), Europe's Second-Largest Institution

    The Administrative Council of the European Patent Organisation has voted for corruption; it wants violations of the law to carry on for several more years and it all boils down to money (they get paid more if they support breaches of laws, constitutions, and treaties)



  11. EPO is “Building a Team of C and D Players”

    This pretty well describes what happened to the EPO under Benoît Battistelli and António Campinos



  12. Corrupt António Campinos Bought Himself Another Term by Bribing Voters, Whom None of the Staff Trusts

    The EPO has failed to shake off the cabal of Benoît Battistelli; his friend António Campinos has bought himself a second term, demonstrating just how dysfunctional the EPO became (pushing illegal and unconstitutional “reforms” while violating the EPC at every turn)



  13. Links 29/06/2022: Russians Moving to GNU/Linux

    Links for the day



  14. IRC Proceedings: Tuesday, June 28, 2022

    IRC logs for Tuesday, June 28, 2022



  15. [Meme] The Delegates' Munich Rally (June 29th 2022), Re-electing a Corrupt Dictator?

    The EPO's presidency is still being bought using bribes, so there’s no real democracy (auctions, not elections); The reference may be seen as offensive, but remember Benoît Battistelli‘s family ties to Nazism



  16. Most “Job Applicants to an Examiner Position at EPO Who Were Offered a Job Did Not Take it”

    One of many interesting comments left since Monday



  17. CNX Software or CNX Microsofter?

    Is the money worth it, CNX? You are putting off readers, very few of whom are likely to be using antique versions of Microsoft Office; better to focus on news, not spamfarming



  18. Links 28/06/2022: Vim 9.0 and vnlog 1.33

    Links for the day



  19. Steven Vaughan-Nichols: Mouthpiece for Jim Zemlin, Salaried by (or via) ZDNet

    In ZDNet, all the latest 5 “articles” about “Linux” are just spam/puff pieces for the Linux Foundation, a front group of monopolies and foes of the GPL. ZDNet’s Steven Vaughan-Nichols also defamed the person behind the GPL. Follow through to narratives.zdnet.com and find: “Through ZDNet Narratives, our advertising partners tell their comprehensive product and solutions stories” (so it’s not journalism but narratives for sale or coin-operated pundits who cover what the sponsors tell them to)



  20. Twitter: From 'Engagement' Bots to Fake Stats

    Just like in YouTube, where SPAMnil still engages in clickfraud (bots that fake the number of views), Twitter is clearly misleading everybody to give a false sense of importance



  21. New Video From the Free Software Foundation (FSF): “Escape to Freedom”

    "Escape to Freedom" is a new animated video from the Free Software Foundation (FSF), giving an introduction to the concepts behind software freedom: both what we gain by having it, and what rights are at stake.



  22. Links 28/06/2022: Mozilla Thunderbird 102 and EasyOS 4.2.2 Released

    Links for the day



  23. [Meme] EPO Bosses Sneer at Staff Unrest

    Another new EPO cartoon/meme



  24. [Meme] EPO Policies Decided Behind Closed Doors

    The EPO has not been run like a patent office/system for over a decade already; wealthy stakeholders from other continents just turned it into their monopoly-granting machine, operating in violation of its own charter for the sole goal of increasing cashflow, not advancing science or helping businesses



  25. Lots of Legal Action Against the EPO Impending

    The Local Staff Committee The Hague (LSCTH) gives a heads-up regarding a "tsunami of legal cases on the horizon" against Europe's second-largest institution, which operates in the dark with impunity (and thus frequently breaks the law and breaks promises)



  26. “Mobility Package” as Bribes in European Patent Office

    Published a few hours ago



  27. Links 28/06/2022: Plasma Mobile Gear 22.06 and KDE Plasma 5.25.2

    Links for the day



  28. Bastian Best is Still Wrong and Dishonest About Software Patents

    A quick rebuttal to abysmal arguments in favour of software patents, courtesy of people who neither code nor disclose a very obvious conflict of interest (they profit from promotion of such illegal patents, helped by crooked EPO presidencies that violate the European Patent Convention with impunity)



  29. IRC Proceedings: Monday, June 27, 2022

    IRC logs for Monday, June 27, 2022



  30. EPO Protest Tomorrow in Munich

    We urge all EPO workers based in Munich to attend tomorrow's protest; it's not a waste of time, it sends a strong and effective message


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