Bonum Certa Men Certa

Software Patents in Europe Are Still Promoted by the EPO, Even in Defiance of the Ban

CII at EPO
This EPO presentation from just months ago spoke of software patents ("CII"). Photo credit: EPO Patent Information Conference 2016 (Grant Philpott)



Summary: The European Patent Office continues to ignore the directive on the patentability of computer-implemented inventions, which had software patents disallowed with an overwhelming majority of 648 to 14 votes at the European Parliament

THE patentability of software in the US patent system, or at least the enforceability of such patents in courts, is in a sharp decline. We have a lot of articles about that coming (several dozens of drafts), but EPO is a priority for now.



"Has it been privately decided in Battistelli's secret penthouse that patent quality no longer matters, only the perception/illusion thereof?"Software patents are not permitted in Europe, yet in public events the EPO's spokespeople have the audacity to repeatedly defend and promote these. It pushes in a similar direction in India, which has similar laws for similar exclusions (athough India's patent office actually obeys these exclusions, unlike the EPO).

The EPO further expanded to patents on life and genome (not a joke!) and days ago we saw some press release and coverage about Transgenomic. How far will the EPO go? Has it been privately decided in Battistelli's secret penthouse that patent quality no longer matters, only the perception/illusion thereof? Stakeholders were not consulted about this and many holders of EPs will inevitably see the value of their patent/s perish.

"Software patents are not allowed in Europe."The EPO is pushing software patents again, in defiance of the law (see paragraph 3 in this epo.org Web page) that EPO promoted here and also (about a day later) here. To quote the relevant part: "The consequences for the patent system are potentially tremendous, and they challenge some of the fundamental concepts of the system, such as the definition of "industry" and "inventor". There will be a greater overlap and interplay between the types of rights, and as software pervades through all technologies a greater debate on the patentability of software."

There was already a debate and it was concluded. Software patents are not allowed in Europe. We wrote about the above, "Industry 4.0", several months ago, and particularly about how it was used by the EPO to promote software patents, not just in the past but also at present.

"...Siemens had a lot to do with the push for software patents in Europe, not just in Germany..."This report which the EPO is promoting this week was quoted as saying that "They [presumably those who actually produce software] feel that software patents must be abolished or greatly restricted."

Attributed to Siemens, a top patentor at the EPO, is this quote: "novel hardware in order to be patentable is “an alarming development”..."

As we wrote here a very long time ago, Siemens had a lot to do with the push for software patents in Europe, not just in Germany [1, 2].

Recent Techrights' Posts

On Groupthink, Mindless 'Sheep', and Toxic Online Cults
This week, treat yourself to a life free of social control media
BetaNews is Run and Written by Bots That Make Clickbait
At least one author is doing this
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
 
Links 25/11/2024: Climate News, Daniel Pocock Receives a Fake/Fraudulent €17,000 Electricity Bill
Links for the day
[Meme] Microsoft: Our "Hey Hi" Hype is Going So Well That We Have MASS Layoffs Every Month. Makes Sense?
Contradiction
Latest Mass Layoffs at Microsoft Are Confirmed, Bing and Vista 11 Losing Market Share
They tried to hide this. They misuse NDAs.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day