Bonum Certa Men Certa

Devaluation of European Patents is a Recipe for Institutional Suicide and Immeasurable Harm to Europe's Economy

Lessons to be learned from China, Battistelli's apparent role model

SIPO and Battistelli Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)



Summary: The horrible vision and the enormous cost (not just to the European Patent Office) that Battistelli's policies will have on an entire continent explained in light of the situation in China, where the biggest patent bubble in human history is currently taking shape

THE EPO's vision of 'SIPO Europe' (bottom low of patent quality) is particularly disturbing in light of the USPTO's (and KIPO's and JPO's) growing leadership in terms of patent scope. The old reputation of European Patents (EPs) persists in some circles and lingers on in the out-of-date literature, but it won't be long before people grasp the severity of the problem, verified by EPO leaks. European Patents are not what they used to be. Examiners know it (some of them bemoan having to grant software patents in Europe), but their management keeps lying about it. The EPO 'accomplished' quite a lot; not only did it demolish the reputation of EPs (from which EPs derive their value/fees) but it also destroyed trust in the entire institution. Many people out there already realise that it's safe to assume the EPO is lying until/unless proven otherwise. They lie so much that it's not even funny. We catch them lying several times a day and barely find the time to even properly write about (and refute) all the lies. It's a Dark Age at the EPO.



"They want lots of litigation; only deep-pocketed companies and their lawyers would benefit."Mark Schweizer, writing for IP Kat after it quit covering EPO scandals (due to medieval sanctions from the EPO), wrote about WIPO's statistics yesterday, about a fortnight after the supposed news came out. We covered that on multiple occasions earlier this month. Filing of lots and lots of patent applications in China, for instance, led to soaring litigation numbers, not innovation. WIPO et al keep conflating the two, as that's just what WIPO exists to do. IAM, in the meantime, writing this morning about China, reveals that patent maximalism in China yields nothing but a whole lot of lawsuits. This is the kind of future envisioned by UPC proponents. They want lots of litigation; only deep-pocketed companies and their lawyers would benefit. We shall deal separately with the UPC later today.

With litigation soaring in China (see what we wrote almost two weeks ago and almost three weeks ago), one should take the hint/clue, no? Schweizer has instead repeated the dubious claims from the EPO, as follows: "The EPO has released its annual report 2016 a while ago, see here for key figures. Beware of the "European patent filing" indicator, which grew by 6.2%. European patent applications (i.e. only including PCT applications that entered the regional phase) are down 0.4%. Philips is the largest filer before Huawei and Samsung. Granted patents are up a massive 40%."

A lot of these applications, insiders tell us, should not be counted at all, but the EPO is lying and cheating, as usual. Yesterday, for example, the EPO recited these numbers. I asked them: "How many of these businesses actually paid the fees? The raw numbers used by EPO are bogus and/or misleading."

"A lot of these applications, insiders tell us, should not be counted at all, but the EPO is lying and cheating, as usual."Also mind this partial chart published by the EPO yesterday. The "patent applications at EPO are down," I told them. "Battistelli did this!"

Less than an hour later Twitter shadowbanned me (again), I suppose quite possibly due to patent maximalists reporting me for "abuse", with the intent of suppressing criticism.

"Only one company in top 5 is European," I told the EPO about this tweet from yesterday. Has the public noticed that?

Citing the above from IAM, the author of the article (Schindler) takes note of the devastating effect but dresses it up as desirable. To quote: "A judge has revealed that there are more than 20 standards essential patent (SEP) disputes pending before the Beijing IP Court."

"Patents on everything! Even mere ideas or thoughts! Not even with a computer to execute any code! That's where China is heading."Imagine the same thing happening in Germany, which already attracts a growing number of patent trolls, then invoking/enforcing injunctions in the whole EU. That's what UPC would accomplish. That's what EPO management wants. Chinese companies already use the biased courts in Texas to do it in the United States; they would do this in Europe too (if the UPC became a reality), hence the gold rush for EPs. Meanwhile in China, based on this new article, there is a "Green light for business method patents" (to quote the headline).

"11th November is an important date to online consumers in China," it says. "The socalled “Singles Day”, initially a made-up annual festival as an ‘anti-Valentine’s Day’ celebration for singletons, is now the biggest shopping event in the world, thanks to the marketing ploy of China’s e-commerce giant Alibaba Group. Chinese consumers reportedly spent over US$17.8 billion on Singles Day last year on the online shopping sites of Tmall and Taobao, two subsidiaries of Alibaba. The astonishing sales figure has far surpassed the figure of US$14.4 billion in 2015 and eclipsed both Black Friday and Cyber Monday, the two biggest shopping days in the US."

So guess what that means? Yes, patents! Patents on everything! Even mere ideas or thoughts! Not even with a computer to execute any code! That's where China is heading. Much to our regret, the EPO too seem to have embraced this mentality. Imagine how many patents can be granted on Christmas!

"Imagine what another year of Battistelli would do to the Office, which already loses in 'demand' for EPs and will soon run out of work.""The compulsive patent hoarding disorder" is a new article from the Indian press, sent to us yesterday by a contributor. To quote the core premise: "It takes money to make money. CSIR-Tech, the commercialisation arm of the Council of Scientific and Industrial Research (CSIR), realised this the hard way when it had to shut down its operations for lack of funds. CSIR has filed more than 13,000 patents — 4,500 in India and 8,800 abroad — at a cost of ₹50 crore over the last three years. Across years, that’s a lot of taxpayers’ money, which in turn means that the closing of CSIR-Tech is a tacit admission that its work has been an expensive mistake — a mistake that we tax-paying citizens have paid for."

Get it? Overpatenting is damaging to one's national interests. Or continental interests. Imagine what another year of Battistelli would do to the Office, which already loses in 'demand' for EPs and will soon run out of work. When the bubble finally bursts (it's definitely going to happen, like it happened in the US), Battistelli and his cronies will have already 'looted' the Office.

Recent Techrights' Posts

[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
 
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day