Bonum Certa Men Certa

Fake Software Patents, Patent Trolls and Assault on Generic Medicine in Europe



Now that the European Patent Convention is effectively abolished (EPO President António Campinos does not obey it) the future is grim

EPO escalation



Summary: The state of the European patent system is starting to resemble that of the United States about a decade ago; the status quo is seriously detrimental to all except lawyers and aggressors (at the expense of public health, science and technology)

THE escalation or the escalating severity of EPO problems isn't too hard to see; without any sense of shame, for instance, the patent microcosm is promoting illegal software patents (not allowed in Europe) in private (echo chamber event where no dissenting views are permitted/invited). As revealed in their tweets (with photos): "Huge thank you to @Copytwilight, Ana Andrijevic, @MichelJaccard, @bastianbest and @PHeckeler for sharing their views this afternoon at the "AI & Intellectual Property" track @appliedmldays."



Watchtroll, similarly, promotes software patents 'dressed up' as "AI" and even as "Blockchain". "Techniques for Patenting Blockchain in Europe, the United States, China and Japan" is the latest output from this site, which acts more or less as a front for patent trolls.

"This system is systematically discriminatory (against the small)."Europe has attracted quite an influx of such trolls, as measured by the number of cases filed, especially in Germany.

"Trolls in Dusseldorf, the Eastern District of Europe. At least VW is a large company, they can afford litigation, which is not the case for most of us, small companies," Benjamin Henrion wrote, citing a report from Mathieu Klos about the patent trolls infestation in Europe. The gist of it:

Germany's largest carmaker Volkswagen faces the next lawsuit from an non-practicing [troll] entity. Dutch company Innovative Foundry Technologies filed an infringement suit against VW, Ford and Texas Instuments at the Regional Court Düsseldorf before Christmas. The patent covers a special chip manufactured by Texas Instruments that VW and Ford install in the infotainment modules of their cars.


There probably would be out-of-court settlements if the targeted companies were smaller. This system is systematically discriminatory (against the small). As we noted earlier this month (see "The EPO’s Low Patent Quality Can Kill the European Software Industry and Kill People Too" and what we wrote yesterday about cancer patients), poor people literally die because of patents like these. Yesterday Selin Sinem Erciyas (Gün + Partners) wrote in IAM (blog of patent trolls) about a Turkish generic company coming under attack from likely bogus European Patents granted by examiners under pressure and in a rush. Now they're reassessing (belatedly). In her own words:

A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended during the opposition and appeal proceedings before the EPO.


Well, opposition and appeal proceedings can be slow and overburdened. The number of pending appeals, for example, is said to have skyrocketed to around 10,000. This is insane. Team Battistelli planned to just get rid of these appeal proceedings, replacing the Boards of Appeal (BoA) with the UPC. Tom Lorkin of Dehns (Team UPC) has just remarked on the dependent and afraid BoA trying to determine patent scope while illicitly ruled and intimidated by abusive EPO management, even in gross defiance of the EPC that governs this entire framework. Lorkin mentions T990/96 and T1085/13, which can in turn relate to medicine, too. To quote:

In what may come as a welcome departure from existing practice, an EPO board of appeal in decision T1085/13 has clarified the conditions under which patents can be granted for known compounds at higher grades of purity.

A leading case concerning purity of materials has been T990/96 where it was held that a document disclosing a compound for the first time ordinarily makes the compound available in all desired grades of purity. EPO practice has been to view the earlier disclosure as novelty destroying to a later claim in which the same compound is claimed at a higher purity. To take an example, a document discloses a new dye, which is manufactured in 90% purity. The position based on T990/96 is to assume that that dye can be purified to all levels of purity by conventional methods and so is made available to the public in all desired grades of purity. Consequently, a later application claiming that dye in 95+% purity would lack novelty over the earlier disclosure.


This EPO board of appeal is certainly aware that it enjoys no independence from the rogue management of the Office; so what can be made of its decisions? The EPO boards of appeal generally complain about this repeatedly.

"Who benefit from this? Certainly not Europe."What we're seeing more evidence of, over time, is the impact of the Battistelli era; patent trolls, software patents, invalidation of European Patents in courts and lack of access to life-saving medicine. Who benefit from this? Certainly not Europe.

Recent Techrights' Posts

LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
 
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025