Bonum Certa Men Certa

UPC Died in 2016 or 2017; But the EPO Continues to Issue Fake Software Patents That European Courts Reject

The war on the EPC carries on

Alexander Ramsay, Bristows, and the UPC gold rush



Summary: Why the "UPC Preparatory Committee Update for 2018" is laughable and it's time for Team UPC to accept that it has been stopped in its tracks; the main problem is, the EPO continues defying the law as if courts do not exist (or don't matter)

TO still herald an upcoming/imminent arrival of UPC is delusional and downright dishonest. Even the dishonest European Patent Office (EPO) no longer does this. SUEPO says absolutely nothing on the matter. So why is the subject still being brought up? Only Team UPC. These people are insane.



Gemma Barratt from Bristows, for example, has just repeated more or less what they probably wrote anonymously in the blog that's not theirs a few days ago, taking note of Alexander Ramsay (another dishonest person) and promoting it without even a link (how unprofessional). They are desperately trying to distract from the downfall and their disappointment when they write this:

In other ratification news this year, France, Italy, Luxembourg and the UK deposited their instruments of ratification for the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court (UPC) and Bulgaria deposited its instrument for ratification of the Unified Patent Court (UPC) Agreement’s Protocol on Provisional Application (PPA) with the Secretariat.


That does not matter because there are constitutional challenges (several of them, even successful ones). Moreover, Brexit voids it all (UPCA) and the ratifier quit his job about a month ago. Here we are at the end of 2018; 'unitary' patents do not exist and UPC is by far the biggest political crime in Europe -- a crime which nobody in the mainstream talks about (because they use cryptic language and spread lies to effectively keep critics out, repelling truth-tellers whom they anonymously demonise and slander).

"Team UPC hopes that dubious new courts will bypass national laws and allow software patents like the patent office does."As it turns out, FFII "Will give a session on the Unitary Software Patents Urgency next week 28 dec at #35C3 #swpat #ffii #swpatv3 …"

To quote the abstract: "We will discuss the third attempt to install software patents in Europe, via the Unitary Patent Court (UPC). The thousands software patents of the EPO will be made enforceable. Litigation will be more expensive. We will have a dependent and uncontrollable European Patent Court. We will see patent trolls and US style litigation in Europe."

Team UPC hopes that dubious new courts will bypass national laws and allow software patents like the patent office does. This is their plan (among others).

This is a very big deal because as the quality of European Patents (EPs) goes down there's a growing danger that patent trolls equipped with software EPs will ruin Europe's software industry.

"The biggest prize went to (or was stolen by) Battistelli."Just before the weekend the EPO wrote: "Congrats again to European #InventorAward winners Agnès Poulbot and Jacques Barraud†!"

The biggest prize went to (or was stolen by) Battistelli. He must be counting his millions of Euros (even aside from his very fat bonuses and departure gift) somewhere in France. He passed millions in EPO budget to his threatre (at his other employer). How was he never punished for such blatant corruption? Well, welcome to the EPO and the UPC. Justice exists no more. The EPC doesn't matter, ILO-AT is a joke, national laws don't exist, and even international law is routinely violated.

Regarding patent scope, it continues to get yet worse over time. Over at JD Supra, McDonnell Boehnen Hulbert & Berghoff LLP's Aaron Gin and Margot Wilson (yes, it's Aaron Gin again, always with that same agenda) have just published "Global Artificial Intelligence Patent Survey", presenting "AI" as "CII" at the EPO, which increasingly allows software patents in Europe under the guise of "AI" (more so under António Campinos). To quote the most relevant portion:

While Europe may not be a leader in terms of number of AI-related patent filings, patent applications in Europe that relate to IoT and 4IR technologies grew at a 54% annualized rate from 2014 to 2017.[32] Germany, France, and Great Britain, in particular, have significantly increased the number of AI-related patent filings in recent years.[33]

The EPO has expressed a dedication to developing examination practices which are friendlier to computer implemented inventions (CII), which include AI-related subject matter. For example, recently the EPO adopted a new approach to interdisciplinary software patent applications. Specifically, such applications can now be examined by a team of three examiners with diverse technical backgrounds. Additionally, recognizing the urgency and fast-pace of the industry, the EPO has indicated it aims to speed up examination according to a 12-18 month timeline from filing to either allowance or final rejection.

Furthermore, in May 2018, the European Patent Office (EPO) held a conference entitled “Patenting Artificial Intelligence.”[34] The conference centered on the challenges and opportunities of patenting AI-related innovations. Speakers shared lessons learned and strategies for approaching AI related patents.

European examination of all computer related inventions includes a two-prong approach. First, examination includes an eligibility determination of whether the invention is directed towards, for example, a mathematical process or an abstract concept. Second, the invention must be directed towards a technical solution to a technical problem.[35] While the first prong traditionally represents a relatively low bar,[36] European practitioners can encounter more issues with regard to the second prong. During the EPO conference, a heavy emphasis was placed on claiming as specifically as possible. In particular, AI-related innovations should be described and claimed as being developed for a specific implementation. Furthermore, the AI-related idea should be shown to be motivated by technical considerations of the internal functioning of a computer, such as speed and/or computation load.[37]



Sam Jones (GJE Intellectual Property) was also promoting software patents in Team UPC's favourite blog. It's that same trick ("AI") and it was published yesterday:

The European Patent Office (EPO) is receiving ever increasing numbers of patent applications that include a ‘programmed computer’ as a key part of the described invention. Moreover, this growth in filings is being seen in technical fields that are not traditionally considered to be computer-centric. For example, according to EPO statistics, 40% of new patent applications filed in the healthcare space have an AI or machine learning aspect to them.

[...]

This has always been the position of the EPO when handling the exclusions to patentability, and so it is not surprising that the AI and machine learning section of the new Guidelines is largely business as usual. Inventions involving AI and machine learning will be patentable so long as they are described and claimed in the context of operation in a technical system or control of a technical process. Careful drafting will be sufficient to ensure that this requirement is met – describe and claim the AI or machine learning component in the context of the technical system in which it operates, not as an abstract entity, to obtain a granted European patent. AI or machine learning algorithms that are put to work in the context of non-technical systems, such as business processes, are not likely to be patentable.


Misuse of buzzwords like "AI" or "AIpatents" to push software patents into Europe isn't a novel idea. In clear defiance of 35 U.S.C. ۤ 101 the U.S. Patent and Trademark Office (USPTO) does something similar. Yesterday the EPO wrote: "For the #patent system, the Fourth Industrial Revolution has opened up a new era. For more from our Chief Economist's recent speech on the topic, click here: http://bit.ly/AIpatents"

"Short of murdering critics (don't laugh) and bribing constitutional judges there appears to be nothing left for them to do."This is the person who is speaking at a patent trolls' event (from the US). Having recently embraced the "SDV" buzzword (mostly computer vision) on the same day they wrote: "Self-driving vehicle applications at the EPO come from hundreds of different applicants operating in a wide variety of industries. The top 500 were responsible for 80% of all self-driving vehicle applications at the EPO between 2011 & 2017."

All these computer vision (algorithm) patents would likely be voided in Europe like they do -- routinely in fact -- in US courts. Team UPC was hoping to swap the courts with something farcical (presumably managed by corrupt Battistelli), but thankfully that hasn't succeeded. In recent months they defamed and libeled UPC critics; they also spread fabricated (baseless and refuted) rumours to no avail. Short of murdering critics (don't laugh) and bribing constitutional judges there appears to be nothing left for them to do.

Recent Techrights' Posts

Giving the False Impression That the R blogosphere is Microsoft's Microcosm
Curation that culls "astrotrufing" isn't censorship but quality control for relevance
WikiLeaks Wonders: Major Leaks That Shook the Worlds
Published 14 hours ago
No Outage Here
Microsoft seems to have lost control of the narrative
 
Links 21/07/2024: Climate, Politics, and More Squashed Patents
Links for the day
Only a Quarter of Web Requests in Micronesia Traced Back to Microsoft Windows (It Used to be Well Over 95%)
Micronesia has over half a million people in it
Your F.U.D. is Already Showing, Microsoft
That talking point is quickly spreading so that CrowdStrike discussions become about "Linux" instead of Windows
Andrew Feinstein on Why Freeing Julian Assange is About the Freedom of the Press in General
Feinstein points out that truth itself is being challenged by people who value power, not truth, and typically seek to do things like sell arms and start proxy wars
In Palau, Windows Has Fallen to 16%
15 years ago Windows was at 98%
Gemini is Blossoming and More Capsules Are Self-Signing, Rejecting the Defunct and Falsely-Marketed Certificate Authority (CA) Model
Gemini is still very fast, not only because objects are lightweight but the protocol itself - i.e. the underlying logic - is as simple as it needs to be and only as complex as it must be
Gemini Links 21/07/2024: New Garden and New Gemini Arrivals
Links for the day
Links 21/07/2024: Extreme Heat and Fortescue Layoffs
Links for the day
GNU/Linux Lifted Up 0.03% Closer to 4.5% "Market Share" (or 50% More Than a Year Ago)
How many businesses and homes are permanently giving up on Windows after recent days' events?
High Adoption Rates for GNU/Linux in Albania, According to statCounter
Albania has been a central point of some GNOME and diversity scandals
It'll Soon Be Half a Decade Since COVID-19's Breakout, We Still Need Verified Facts (Not Corporate Dogma) and Proper Media Reporting
COVID-19 has meant different things to different people
For the First Time, Microsoft's "Market Share" in North Macedonia Falls to Only a Quarter
Microsoft only has Windows
Evan Versus Julian
Published by Julian Assange's wife some hours ago
What The Internet Can Achieve When Put in the Hands of the Good People and Not Censored by the People Who Already Control the Mass Media
albeit Wikileaks put that in social control media owned and controlled by oligarchs
IRC Proceedings: Saturday, July 20, 2024
IRC logs for Saturday, July 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Hate Speech
This is also what makes TikTok so dangerous
Shark-infected Water on the Web
Don't turn Gemini into another "Web"
OpenHarmony, HarmonyOS Next, Deepin, Kylin, and openKylin: How China's Various Manoeuvres Away From Windows Get Covered in the West
Kylin was openly based on Ubuntu
Links 20/07/2024: Tesla's UK Lawsuit for 5G Patents Licence Thrown Out by UK Court, Censorship Examples Surface
Links for the day
Gemini Links 20/07/2024: Why Sleep Is So Important, Bot Problems Online
Links for the day
[Meme] Truth Hurts
"Saying that I physically assaulted women is 'defamation'"
Techrights Turns 18 in About 3 Months
Nothing can stop us
When (Software) Freedom is the Goal
Freedom of thought also
Expect Many More Microsoft Layoffs After the Latest Windows Outages (Bonus: More Media Says Microsoft Has Cut Half the Staff in Nigeria)
after the latest worldwide blunder we can expect many businesses to gradually ditch Windows
Microsoft Has Managed to Make GNU/Linux Users Scared of Updating Their GNU/Linux PCs (Thanks to UEFI 'Secure' Boot's Boosters!)
How many people know who's responsible for this mess?
Today GNU/Linux Broke All-Time Record in statCounter Again
Expect more people to hop over to GNU/Linux after the Windows fiasco
Joab Jackson and "The New Stack" Publishing Microsoft Spam (E.E.E. Against Linux) for a Payment From Microsoft
It's not a real news site
Links 20/07/2024: Patents on Software Squashed, Further Attacks on Independent News Sites
Links for the day
Links 20/07/2024: Shopping Mall in Southwestern China and New Health Crises
Links for the day
Microsoft/Windows Has Fallen Well Below 1% (Now 0.7%) in American Samoa
statCounter Sees Microsoft Windows at Below 1% in American Samoa
The Thelio Mega Is a Dual-GPU Linux Supercomputer
System76 sells many desktops and laptops built to run Linux. The company has now revealed its new high-powered Linux desktop, the Thelio Mega
[Meme] "System of a Down"
The latest international catastrophe kills people
Geminispace Growing and Getting More Free (Independent)
Because self-signed certificates are the way to go
Why Microsoft is Laying Off So Many People in Nigeria
Nigeria is a place Microsoft has lost
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 19, 2024
IRC logs for Friday, July 19, 2024
Gemini Links 20/07/2024: Gopher Catchup and Old Computer Challenge
Links for the day
Microsoft Lays Off Half of Its Workforce in Nigeria
Microsoft continues to implode in Africa
Links 19/07/2024: Microsoft Breaks Down and Amdocs Has 1,500-3,000 More Layoffs
Links for the day
Washington's WARN Site/Portal (That Excludes Many Microsoft Layoffs) is Now Down for Many Hours, Microsoft Causes Major Outages and Incidents Worldwide (Even Deaths)
The mass layoffs (lots of them in Azure since 2020) probably worsen resilience and security some more
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
[Meme] Conservative (and Fake) Nuclear Physicist Bill Gates
Didn't even graduate from college, media treats him like a world-renowned expert in nuclear energy
The Gemini Capsule of Tux Machines Turns 2 in Six Days
Many people actually use Gemini, some participate in it by creating their own capsule (or capsules)
GNU/Linux Rises to 4% in Saudi Arabia, Says statCounter, Windows Has Fallen to 11% (Android Exceeds 60%)
Microsoft might soon fall below 10% in KSA (Saudi Arabia)
IRC Proceedings: Thursday, July 18, 2024
IRC logs for Thursday, July 18, 2024
GNU/Linux news for the past day
GNU/Linux news for the past day
1901 Days in High-Security Prison (and 8 More Years in Severe Confinement) for the 'Crime' of Exposing War Crimes and Corruption
Julian Assange clip
Opensource.org = Microsoft Lobbying (Openwashing)
Here's the latest pair of blog posts
In Northern Mariana Islands, Where Julian Assange Pled Guilty 4 Weeks Ago, Windows Remains Second to Android, and GNU/Linux Still Grows in Oceania
It was the first month ever that statCounter saw more Web requests there from Android than from Windows
If GitLab Gets Sold (Datadog and Google Named Among Potential Buyers), It'll Prove Our Point About GitLab
Beware the bait on the hook