Bonum Certa Men Certa

EPO Corruption is Helping Patent Maximalists in the United States

They want software patents to return because they make money from litigation

A lifeline or orange lifesaver



Summary: The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have moved in opposite directions. One permits more abstract patents, whereas the other must disallow these (mainly because of courts' decisions).



"People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing."There were a couple of EPO tweets on Monday about "AI" and similar nonsense that António Campinos uses to usher in European software patents.

People are of course realising that the EPO lost its way and the biggest stakeholders complain about a decline in quality; this has not changed because nothing is being done about the problem. Nothing.

Kluwer Patent Blog, where many concerns about patent quality have been raised, has just said : "What were the most popular articles of the Kluwer Patent Blog in 2018? A look at the list shows that – even more strongly than in previous years – one topic drew more readers than anything else: the functioning of European Patent Office."

"The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production')."IP Kat refuses to touch the subject (anymore); Team UPC, which is now in control of that blog, views EPO scandals as detrimental to its interests.

Jones Day's Alastair J. McCulloch, Christian Paul, Indradeep Bhattacharya and Roland J. Graf have just published "Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?"

This was mentioned a few weeks ago in some other blogs, including IP Kat. There are all sorts of 'artistic' ways to pursue abstract patents, e.g. making them seem physical ("on a car") or medical (as if they "save lives") and Watchtroll (US) had just exploited Roberta Romano-Götsch (EPO) to that end. She spoke to Watchtroll's Gene Quinn some months ago and prior to that she had worked exceptionally hard for Team Battistelli (thus she has negative reputation among EPO staff). She said they're "seeing an increase in applications from SMEs as well." How good are these applications? The EPO doesn't measure quality, it's just a monopoly-granting machine and it's nothing to be proud of as that privilege can be revoked in the future (if many monopolies are being granted in error as means of faking 'production').

"Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents."The worrying thing to us (because we're reducing focus on the US patent system) is that American patent maximalists are nowadays embracing this unhinged EPO (which shamefully breaks its own rules) to promote software patente even outside Europe (also against the rules).

Days ago we wrote about the latest 35 U.S.C. ۤ 101 guidance with new spin like "computer implemented inventions." It was typically the EPO using this ridiculous term (along with "technical effect"), but now it spreads across the Atlantic. Yesterday, in "Daily Business Review", a rather bizarre suggestion was published, conflating/mixing one patent office with another:

Using EPO to Chase 'Alice' Out of the Rabbit Hole



The European Patent Office (EPO) issued guidelines for Nov. 1, 2018, that in many ways summarizes the direction and guidance of U.S. jurisprudence and USPTO policy for patent eligibility for computer implemented inventions. Much of the recent U.S. guidance evolves from the 2014 U.S. Supreme Court decision Alice v. CLS Bank International (573 U.S. 208) concerning a computer implemented electronic escrow service for facilitating financial transactions where the patent claims were found invalid as being drawn to an abstract idea. Patent ineligibility was found using a two-step process. The first step determines whether a patent claim is an abstract idea such as an algorithm or a method of computation. If the patent claim includes an abstract idea such as an algorithm, then the patent eligibility process must go to the second step and determine whether the patent claim adds “significantly more” to the idea that embodies an inventive concept. Although “significantly more” really does not provide much concrete guidance, the court did find that a mere instruction to implement an abstract idea on a computer or the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.

Since Alice, although a significant majority of cases reviewed by the Federal Circuit have found computer implemented inventions patent ineligible, the pendulum has started swinging slightly in the direction of eligibility by clarifying what they meant by “something more” with a few cases where patent eligibility was found. See Thales Visionix v. United States, Amdocs (Israel) v. Openet Telecom, McRO v. Bandai Namco Games America, Bascom Gobal Internet Services v. AT&T Mobility, Enfish v. Microsoft, DDR Holdings v. Hotels.com or Research Corporation Technologies v. Microsoft.


Software patents are an impediment to software development rather than a prerequisite; nobody who actually develops software wants such patents.

IAM, which is based in Europe and constantly promotes software patents for patent trolls that pay its bills, has said: "Top five sectors for quantity of patent sales deals in the US, according to the latest data: (1) software; (2) electronics; (3) industrials; (4) medical; (5) semiconductors. Does demand for software patents indicate Alice trepidations lessening?"

“...I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101.”
      --Joshua Landau
Joshua Landau from the CCIA has just said (in response to the above): "Software was the top sector in 2017 and 2016 as well. So I’d say it’s more about there being a lot of (often bad) software patents for sale out there, rather than anything to do with [Section] 101."

The spin from IAM is expected; they're bound to ignore evidence about the harms of software patents as long as the sponsorship money demands so; for similar reasons they kept lying about UPC for a number of years, only to admit the lie/error about a week ago.

Recent Techrights' Posts

Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
 
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025