Bonum Certa Men Certa

EPO Becoming Like China is Something to Worry About, Not Something to Celebrate

The emergent home of patent trolls is something to remain as distant as possible from

China's patent trolls
Chinese media on patent trolls
From last month's article by Bing Zhao



Summary: The EPO has nothing to brag about except growing 'demand' from China (patent applications numbers are down in most other nations) and media is doing a copy-paste of the EPO's 'press release'

YESTERDAY, not to our surprise, World Intellectual Property Review (WIPR) decided to join in as a stenographer (among other stenographers), parroting the EPO's 'press release' rather than doing any investigative work. It's easier to just copy-paste some 'prepared' Battistelli quotes than to actually research the underlying facts. We are pretty certain that the EPO's PR people (Rainer, Jana Mittermaier and external help) were responsible for this. We already heard how that works.



"It's easier to just copy-paste some 'prepared' Battistelli quotes than to actually research the underlying facts."What was the 'story' about? Well, it was just a 'press release' retitled "EPO and SIPO renew patent cooperation" (i.e. nothing really changes). As a hallmark of corruption, last year Battistelli brought the Chinese officials to his home town where he works as a politician. He's not even good at hiding his motivations and eternal mischief. Maybe he became blind to it as it became so routine.

Either way, the patent trolls' megaphone (and Battistelli's megaphone, which is an overlapping task) decided to revisit the situation in China, having recently hired Chinese staff (because that's where patent trolls go nowadays).

China is burdening itself with a trap that will bring nothing but patent trolls [1, 2, 3] and less than a day ago IAM wrote:

In a speech that garnered a lot of attention around the world, the Chinese president declared that: “Wrongdoing should be punished more severely so that IP infringers will pay a heavy price.” More recently, IP got one mention in Xi’s marathon 19th Party Congress speech last month, as he called for China to become a “country of innovators” and create a “market-oriented system for technological innovation”.


For the time being, President Xi's vision (or "priority list") seems to be lots and lots of patent trolls. Urging for people to apply for patents by the millions isn't going to make a “country of innovators” but a country of litigation. This is already happening and it's not at all desirable. Perhaps if China had a multi-party system -- i.e. not a single person held all the power (Xi) -- saner patent policy would be chosen.

"Perhaps if China had a multi-party system -- i.e. not a single person held all the power (Xi) -- saner patent policy would be chosen."Another country where there's a de facto single-party system (PAP) that has ruled for about half a century (it actively attacks political opposition/dissent) has gotten a similar problem. We are talking about Singapore, whose recently-deceased leader emulated China's autocracy and at times hailed crackdown on protests. Singapore's patent trolls problem was covered here earlier this year and yesterday Lexology said that "[c]laims to software [in Singapore] that are characterised only by source code and not by any technical feature" are not patentable..."

There are loopholes, however, and they're described below:

To what extent can inventions covering software be patented?

Claims to software that are characterised only by source code and not by any technical feature cannot be considered an invention on the basis that the actual contribution would be a mere presentation of information.

However, computer programs may be patentable if the invention involves a technical contribution outside the excluded subject matter.

To what extent can inventions covering business methods be patented?

Pure business methods are not considered inventions and are not patentable. However, similar to computer programs, business methods may be patentable if they involve technical contributions outside the excluded subject matter. For example, claims relating to a computer-implemented business method would be considered an invention if the technical features (eg, servers, databases and user devices) interact with the steps of the business method to a material extent and in such a manner as to overcome a specific problem.

To what extent can inventions relating to stem cells be patented?

The Patents Act contains no specific provisions barring stem cells from patentability. Inventions determined by the examiner to fall within the list of acts prohibited by the Human Cloning and Other Prohibited Practices Act will be objected to.


China, unlike Singapore, has pretty much no restrictions on software patents (not anymore, the bars were lowered earlier this year), which makes it similar to the chaos caused by and promoted by Grant Philpott at the EPO (they just call it "CII" instead of software patents).

Are SIPO and EPO going to become a controversial pair whose lowered patent quality will have them characterised as worthless? If the EPO going to transform to mere registration or pure automation a la INPI? Whatever it is, the EPO looks like a shadow of its former self and it's the fault of Battistelli's policies. Only God (or Buddha) can save the EPO now...

Recent Techrights' Posts

Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
 
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day