Bonum Certa Men Certa

Today's EPO Envisions a Europe of Patent Trolls, Not of Science and Technology

Litigation rather than innovation (good for lawyers)

Marks & Clerk



Summary: The rapidly-declining quality of European Patents (EPs) would necessarily flood the market with patents that are good for nothing but extortion (as actual lawsuits would have these patents voided by judges); this means that non-producing actors are set to benefit the most, whereas small companies should prepare for a lot of harm (legal costs)

THE quality of European Patents (EPs) worried us for quite some time, predating António Campinos and even Battistelli, in particular because of software patents. Things have gotten worse over time. Today's European Patent Office (EPO) very openly and shamelessly promotes software patents in Europe, calling them "AI" or "CII" or "ICT" or "IoT" or "4IR" or whatever (there are over a dozen buzzwords like these, usually cryptic acronyms).



We aren't against patents, not as a whole and not per se, either. We're pro-patent quality, that's all. No need to settle or go to court over patents that judges would not annul, as per the law. Examiners feel the same way, judging by the petition many of them signed last year. Earlier this week we saw this press release:

... notified by the European Patent Office (EPO) of its intent to grant the Company a new patent (EP3325623) covering the combination of AsiDNAâ„¢, Onxeo’s first-in-class agonist of the DNA Damage Response (DDR) , with any PARP inhibitor (PARPi), in all countries of the European Union (EU).


DNA?

Remember when the EPO granted patents on physical things? Actual inventions, not just lives (nature) and code (mathematics)? Back when the EPO actually cared about patent quality, seeing it as a top priority? Now it's just a trolls' granting (for litigation pipeline) machine. Earlier this week the EPO took note of the first EP ever granted (warning: epo.org link): "EP 0 000 001 was only one in a batch of 112 applications published on that day. Others included a "Combination lock" (EP 0 000 003), a "Lifting device" (EP 0 000 008), and a "Method for the manufacture of amino-formaldehyde resins" (EP 0 000 096). They came from applicants based in Luxembourg, Sweden, the UK, the US, Japan and other countries."

Notice how those are physical, concrete inventions. And these went to actual inventors.

Earlier this week the patent trolls' lobby mentioned how Nokia's patents had ended in the hands of patent trolls. "It was owned by Nokia," IAM wrote. "They transferred it to an NPE in 2017. Now it’s being sold. There are 3,500 families, so a lot of patents."

The subject was brought up here. "Prior to this headline," Florian Müller, "I wasn’t aware of Nokia planning to divest a huge patent portfolio. Could be an interesting deal."

The said article dubbed it "news of a huge Nokia patent disposal."

"New Nokia portfolio for sale is the largest open market patent deal in telecoms since Nortel and could provide a guide to how attractive the IP sector is to private equity funds and other investors," it says further down.

As a reminder to our readers, Microsoft had instructed Nokia to pass patents to patent trolls (e.g. MOSAID/Conversant) which then attacked Linux, i.e. Microsoft's competition.

Is this actually beneficial to Europe? Or to innovation?

Now, going back to the EPO, here is what it wrote earlier this week: "The main challenge for patent offices from AI will be its rapid growth across a range of technical fields. More on how the EPO is well prepared to face this challenge here: http://bit.ly/AIpatents"

"AIpatents" are just software patents. Applicants just start calling lots of algorithms "AI" (which in itself is algorithms anyway) and the EPO then grants fake software patents. At around the same time the EPO wrote:

Few inventions in the 21st century stand to have as great an impact as self-driving vehicles. This study provides a comprehensive picture of current trends & emerging leaders in self-driving vehicle technologies. http://bit.ly/SDVstudy #FutureOfCars #SelfDriving pic.twitter.com/AJC6zuRNNF


The EPO is mostly advertising patents on computer vision here, i.e. algorithms or software patents. It added: "Drawing on the most recent data from the EPO & incorporating advanced technology expertise, this study is a unique source of intelligence for policymakers and industry leaders looking to understand changes in the #selfdrivingvehicles sector..."

"SDV" is just their latest buzzword (among many). How about "Blockchain"? The EPO invited very notorious patent trolls (still active, based on IAM) to its panel on the topic. There are two aspects to that; one is management of patent data and the other is patenting of blockchains (techniques pertaining to these). Regarding the former, IP Kat's Tian Lu has just published this article about (mis)use of "Blockchain" by the litigation 'industry' (not examination even):

Blockchain technology, for all its merits, is not (that) new. This Kat believes that even before all the above-mentioned Courts’ nice initiatives, parties could submit any forms of evidence they preferred, which of course could include the blockchain-related evidence. In other words, China does not suddenly give the green light towards blockchain authenticated evidence nor does it give a total and unconditional acceptance. The blockchain evidence, as a type of electronic data, must fulfill the legal admissibility requirements on evidence in general, with no exception -- the Chinese courts retain an open and neutral stance in this sense.


It's all about lawsuits, as usual. The EPO became all about lawsuits and it's imitating China when it comes to patent quality. This is a dangerous recipe. Do we want a Europe full of Nokias or full of patent trolls like the ones it's nowadays arming? Ericsson does the same.

Recent Techrights' Posts

Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
 
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025