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

Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
 
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024