Bonum Certa Men Certa

3,000 Posts About the European Patent Office and Why We'll Maintain Our Focus on It

Evolving and adapting to market needs

Adapting



Summary: The general or the widely-held (popular) views are changing as expectations from patents, in light of ruinous symptoms such as patent trolls, compel judges to adapt; Europe's adaptation (or ability to adapt), however, has been slow compared to counterparts'

LOOKING at our reference page (or index) for the European Patent Office, we're fast approaching 3,000 posts (about this subject alone). Our writings on this topic have had impact and earlier this week we were contacted by German academia. These matters are being watched closely as there's a legal as well as technical angle to it all. There are also economic aspects and António Campinos, considering his professional background in banking, will no doubt be aware of the financial ramifications. Patent systems cannot be presumed benign just because they grant lots and lots of patents, amassing a bunch of money in the process. The costs associated with these patents are passed outwards. Scholars have long studied these relationships between patents, innovation, and economics. It's not a simple topic.



What compels me to set aside American patent cases and focus on European affairs isn't my European nationality, residency etc. As I've explained towards the end of last year and again at the start of this year, the United States came to grips with the harms of software patents after courts had repeatedly ruled against these, starting with SCOTUS (decisions like Alice and Mayo as formulated or incorporated into 35 U.S.C. ۤ 101) and then the Federal Circuit, the Patent Trial and Appeal Board (PTAB), examiners and petitions in the form of inter partes reviews (IPRs). Nowadays the U.S. Patent and Trademark Office (USPTO) and even the ITC cannot easily issue patents and sanctions. Presumption of infringement/guilt isn't quite there anymore as many patents and allegations are suspect by default; defendants rather than plaintiffs/accusers very often win cases, either for non-infringement or invalidity of the asserted patents. After writing nearly 10,000 articles and short posts about US patents I've decided to mostly monitor the situation and only return to it in case things take a turn for the worse (which is possible but not likely based on the past 2 months' court case outcomes).

"For Europe to have its own equivalents of Alice and Mayo the judiciary will need to enjoy independence from the Office, which measures its performance only in terms of money (or "products" to/from "customers")."It is, on the one hand, troubling to see how the EPO embraced patent maximalism. On the other hand, there's also growing opposition to it, even from insiders. This post from yesterday shows how patent maximalists such as Kevin E. Noonan (the lawsuits business) habitually advocate/promote patents on plants, life, genes/genetics. They fail to see just how irrational it is. They treat nature as though it was invented by (wo)man. That's false. It is a colonialist ideology that persists in the 21st century and gets sold to the public using propaganda terms (euphemisms like "intellectual property rights" where every single word is a deliberate lie).

Patent maximalism may be waning, but only after decades of unstoppable gains. It was a bubble all along. We take note of the fact that many blogs about patents have become inactive or barely active. It's very easy to demonstrate this statistically, albeit it would require some amount of work (like counting blog items in one's RSS reader). Things have gotten so bad for the maximalists that some have had to change jobs. Blowhards like Gene Queen changed careers after a couple of decades only to be entertained, as per this new press release from Anaqua, in some events where keynotes involve Watchtroll and EPO ("Thomas Bereuter, Programme Area Manager of Innovation Support at the European Patent Academy, European Patent Office (EPO)"). Watchtroll, the Web site, is becoming more and more like a ghost town, with the large majority of the posts receiving no comments (there are no sign-up barriers), the overall number of posts declining, and the editor stepping down/aside. It's not difficult to see the writings on the wall. We dare predict that the next major turnaround will be the demise of software patents in Europe as well as patents on life -- a couple of subjects we shall cover next (in separate posts). For Europe to have its own equivalents of Alice and Mayo the judiciary will need to enjoy independence from the Office, which measures its performance only in terms of money (or "products" to/from "customers").

Recent Techrights' Posts

Exposing Corruption and Crimes Against Women Isn't a Crime, It's an Imperative
When evil and greedy people are so desperate to silence you it typically gives you more motivation - not less - to do more of the same
New EPO Leaks: Replacing Patent Examiners and Classifiers With Deficient Bots (Without Even Asking for Permission)
Any consultation about it? Any media coverage? No.
Gemini Links 12/04/2025: Sigrblot and Conway Calamity
Links for the day
 
Links 12/04/2025: Science and "DEI" Dismantled Further in the US
Links for the day
Links 12/04/2025: "Part of the Problem" and "Facebook Is Just Craigslist Now"
Links for the day
The Consensus is Changing and Web Sites View LLMs as Evil, a Malicious Force of Plagiarism and a Source of DDoS
It's not about "AI" but about plagiarism of sorts
Slopwatch: Lots of Fake Articles About "Linux" Infect the Web, Google News Still Promotes These as 'News'
people who go to a site like google.com or Google News or even social control media (where users get links from Google) will be directed to read slop, i.e. pure garbage.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 11, 2025
IRC logs for Friday, April 11, 2025
Links 11/04/2025: LLMs as Worthless Gimmicks, People in Trouble for Saying Too Much in (or Before) 'Cheeto Era'
Links for the day
Gemini Links 11/04/2025: Microcosmographia Academica and Ada Language
Links for the day
Links 11/04/2025: "Getting Screamed At" and LLM Crawlers as Vandals Online
Links for the day
At the Root of the SLAPPs There Are Matters of GitHub Corruption and Microsoft Competition Crimes
Keep both eyes on the ball; this is about monopoly abuse and attempts to muzzle critics
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart