Bonum Certa Men Certa

People Are Dying Because of Low Quality of (Wrongly-Granted) European Patents

While the media and so-called 'IP' blogs look the other way

Science|BusinessSummary: EPO puff pieces and shallow coverage help distract from the crisis of patent quality in Europe -- a crisis that now culminates in real threats to women with breast cancer

ASK anyone at the European Patent Office (EPO) and they'll tell you that quality of patents isn't what it used to be. Everyone knows it, even the management. Some people are in the job of publicly denying this (not privately) and many are afraid to openly speak about it. Stakeholders, notably law firms, have already complained although they too have something to lose (clients walking away from them, i.e. fewer patent applicants). SUEPO is being threatened if it dares bring up the subject (we've given examples). This is hardly surprising given the rushed pace of work and internal leaks from a couple of years ago.

"This is hardly surprising given the rushed pace of work and internal leaks from a couple of years ago."Patents are not a game; economies and lives are at stake. It's not a 'sport' and it's not 'showbiz'.

Yesterday the EPO retweeted this nonsense which says: "From 2011-2017, European #patent applications for #AutomatedDriving technologies increased fourfold, according to the latest data from the European Patent Office ( @EPOorg)."

They're merely reclassifying old things for hype waves (e.g. calling algorithms "AI", even retroactively) and granting fake patents (patent which courts would reject) that are abstract. Science Business, based on what it published earlier this week, is still in the business of writing propaganda/puff pieces for the EPO [1, 2] in order to help software patents agenda in Europe. This is what it has just published:

From 2011 to 2017, European patent applications for automated driving technologies increased fourfold, according to the latest data from the European Patent Office (EPO). This is by far the largest increase in the number of patents, with EPO reporting a 16 per cent increase across all technologies in the same period.

Half of the top 25 companies active in the field of automated driving at the EPO are not traditional automotive companies, including the top four applicants, Samsung, Intel, Qualcomm and LG.


These are patents on things like computer vision, my research discipline, which boils down to implementing mathematics (e.g. geometry) on a computer. Not many of these have anything physical to show. Nothing.

"These are patents on things like computer vision, my research discipline, which boils down to implementing mathematics (e.g. geometry) on a computer."But wait. It gets worse.

Having previously covered the EPO's threat to patients with cancer [1, 2], we were interested to see yesterday's post from IP Kat. Embargoes are being initiated using patents -- questionable patents that will kill poorer women with cancer. The mortal damage and great suffering (in the process) caused by dubious European Patents that should never have been granted in the first place isn't a subject that IP Kat covers. Heck, today IP Kat never even mentions the patent quality problem and the EPO corruption that kills people, sometimes literally. IP Kat has at least given up on UPC jingoism, seeing that it was a lost cause anyway. Here is what IP Kat wrote yesterday:

The English Patents Court recently handed down a decision granting Novartis a preliminary injunction to prevent infringement of its second medical use patent protecting sales of its breast cancer drug everolimus (marketed as Afinitor) - Novartis Pharmaceuticals UK Limited v Dr Reddy's Laboratories (UK) Limited [2019] EWHC 92 (Pat). Dr Reddy's opposed the injunction on the basis that the patent in issue is invalid on the basis of added matter but did not otherwise dispute infringement.

What is interesting about the decision is that the High Court reached a "provisional but clear" view at the interim hearing that there is no added matter in claim 1 of the patent. This differs from the EPO's decision of September 2018 in opposition proceedings, where the patent was found to be invalid for added matter under Art 123(2) EPC (see EPO decision here). The EPO decision is currently under appeal.

[...]

What happened in the EPO opposition proceedings? The EPO applied the principle that selecting items from two lists means that a claim may contravene Article 123(2). This is expressed in the European Patent Office's case-law textbook in its current edition - see paragraph 1.4.2 of section II.E.1 Article 123(2) EPC). It reached the conclusion that there is no specific pointer to the specific combination therapy claimed (further detail can be found from paragraph 3.2 of the EPO's decision).

[...]

The judge, Birss J., also proposed writing to the EPO to notify it of the UK infringement proceedings and to request expedition of the EPO appeal. He noted that Dr Reddys are not prevented from raising additional arguments on validity at the UK trial.


Are courts rushing to mob 'justice' here? Before the legitimacy of the patent/s in question is even known? That's what the US ITC did after the Patent Trial and Appeal Board (PTAB) had rejected a Cisco patent, following an inter partes review (IPR). Do we want an embargo-centric trigger-happy system, such as what Team UPC envisions and lobbies for (on behalf of companies like Novartis, which make a killing out of cancer)?

"Miracles and justice are mutually exclusive. We need justice, not "miracles"."At the moment, Team UPC hopes that its corruption will yield something, bypassing national courts and handing more power over to an EPO-connected bureaucracy. "Miracle needed," Heuking Patent Law Team wrote on Twitter yesterday. To quote: "Only 2 months until #Brexit . Agreement regarding the European #UnifiedPatentCourt not in force yet. No decision of the German Constitutional Court on the related complaints yet. No brexit deal. Ongoing debate in the House of Commons. Miracle needed."

Miracles and justice are mutually exclusive. We need justice, not "miracles".

"As if there's no other EPO scandal -- a real one -- to be covering. IP Kat has instead been covering up, e.g. by deleting all comments about António Campinos and not mentioning him since."As we explained some weeks ago, the 'Kats' have become part of the problem; they're not writing about the UPC's demise and EPO corruption anyway (does not suit their agenda). These Kats' blog deals with non-scandals, such as the EPO's drawing requirements -- a shallow post that attracted this IP Kat comment: "The Korean Patent Office accepts colour photographs. These could present problems in getting legible drawings for EP filings. In one case where the draftsmen we used had great difficulties, I got much better results using a basic image processing program that came with my ancient Windows 98 PC that could render continuous tone images as contours of different patterns."

As if there's no other EPO scandal -- a real one -- to be covering. IP Kat has instead been covering up, e.g. by deleting all comments about António Campinos and not mentioning him since. Censorship followed by self-censorship.

Recent Techrights' Posts

Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
 
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024