Bonum Certa Men Certa

The European Patent Office Will Come to Regret the Fake Patents It Has Granted for Short-Term Financial Gains

These patents harm not only programmers; they also contribute to the deaths of many patients

Floodable keyboard



Summary: The patent trolls-aligned EPO is a massive liability to Europe; staff of the EPO admits this, but management of the EPO ignores the warnings and carries on granting fake patents (not compliant w.r.t the EPC) like there's no tomorrow

IN the United States, 35 U.S.C. ۤ 101 undermines a lot of patents on nature and mathematics. It prevents a lot of patent grants but more importantly it's used to dismiss lawsuits that leverage such bogus patents. The lawyers aren't happy. It prevents them making a lot of money from lawsuits, whose number is collapsing.



Watchtroll's new editor (the founder stepped down after two decades) has just used a former Federal Circuit chief judge to pretend patent law is to be made up by bribed politicians, not actual courts ("Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System"). Michel is like a 'retired' lobbyist for software patents that patent trolls leverage (David Kappos does the same thing, often alongside Michel). This is nothing new. He always appears alongside the usual people, mostly former USPTO chiefs who are in bed with the litigation 'industry' (the new USPTO managers too have come from there). Donald Zuhn takes note of "effort by the Office to increase patent examination quality and efficiency through the development of an automated tool for USPTO examiners..."

Sounds familiar? It is more or less the same language we often see in Europe ("quality", "efficiency"...) and the same methodology that failed miserably.

The European Patent Office (EPO) is being copied by the U.S. Patent and Trademark Office (USPTO). They want to grant lots of questionable patents which they know courts would reject (and judges aren't happy with that).

About a week ago we wrote about the Office kidnapping the branch of justice. It even abducts its overseer, the Administrative Council. There's no separation of powers (essential for real justice). So it's getting harder to demonstrate just how appalling patent quality became. The Office hopes to hide the facts and muzzle those who speak about it.

Meanwhile, J A Kemp, a proponent of patents on life, praises the EPO for liaising with nefarious groups. These are not "standards bodies" as the headline claims but more like front groups for patent trolls with their FRAND/SEP thickets which they exploit for anticompetitive blackmail. To quote:

The EPO has announced a cooperation with European Committee of Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) under which the three organisations will work together to improve and disseminate knowledge about the relationship between standards and patents. The agreement builds on existing co-operation in this area between the EPO, the European Telecommunications Standards Institute (ETSI) and the European Commission.

Whilst the exact nature and intended outcomes of this cooperation are not known, the comments in the EPO's statement suggest a focus on providing further information resources for inventors and researchers in fields which are, or which may be in the future, affected by standards. This can only be welcomed as the increasing growth of Internet-of-Things development causes more and more diverse areas of industry to be impacted by the need to comply with (and potentially licence patents relating to) communications standards.


As we explained at the time, this is the EPO aligning itself with patent trolls and extortion rackets such as MPEG-LA.

Who can stop the EPO doing this? Seemingly nobody. This article which was cited by SUEPO on Thursday (yesterday) speaks of the judges' loss of independence:

Alluding to this pending referral, in the present case T 0403/18 one of the parties present at an oral hearing in Haar requested that this hearing be held in Munich. As can be inferred from the minutes of this hearing (the written decision has not been published yet), with agreement of all parties the oral proceedings were indeed relocated to the former home of the Boards of Appeal in Munich, i.e. the Isar building at the Bob-van-Benthem-Platz


It could be argued that all BoA decisions since 2014 have not been entirely valid because Battistelli eliminated judges' sense of independence and perception of impartiality. They decide with greater caution, having seen what happened to their colleague, Judge Corcoran.

Also cited by SUEPO on Thursday was this new article. Reported by Barney Dixon (IPPro Magazine) was a bunch of stuff based on a document we had published yesterday morning. To quote:

Despite a change of hands at the European Patent Office (EPO), little has changed in terms of social dialogue, representatives from the office’s Central Staff Committee (CSC) have claimed. In an intervention at the EPO’s most recent Administrative Council meeting, staff representatives claimed that while they would have liked to provide positive news about social dialogue and the social situation at the office, “no progress worth noting has been observed”.

During the meeting, EPO president António Campinos gave an update to the council on the development of the EPO’s strategic plan.

Campinos also discussed developments on social dialogue and the need to foster it.

The first goal of the strategic plan is to build an engaged, knowledgeable and collaborative organisation.

This includes looking at ways to attract talent, as well as achieving more harmonious social relations and to ensure there is meaningful dialogue between social partners.

[...]

SUEPO also noted that despite claims of increasing social dialogue, SUEPO—which represents about half of the staff—is still excluded as a negotiation partner.


So the union is too fearful to speak out, judges cannot speak out, and European authorities refuse to intervene. Immunity entails impunity. So the EPO continues breaking the rules by granting CRISPR patents. Not even a pretense of following the rules or consistency in decisions anymore?

Life Sciences Intellectual Property Review, an advocacy front group for patents on life (still disguised as a "news" site), has just covered this latest example. It's not an objective article but agenda-setting jingoism. Too much of that nowadays (decay of journalism). To quote:

The European Patent Office (EPO) has issued a new CRISPR/Cas9 patent to inventor Emmanuelle Charpentier, one of the key figures in the CRISPR landscape.

Today, April 3, ERS Genomics, the company providing access to CRISPR/Cas9 IP owned by Charpentier, announced she had been granted European patent number 3,401,400.


We took note of it earlier this week. Here they are granting patents in violation of the EPC. SUEPO has just estimated that about 30,000 such fake patents (European Patents not compliant with the EPC) may have been granted each year. Forward Pharma should know, having seen its granted patent implode, whereupon its very existence came into jeopardy. Yes, the EPO's abuses are crashing European companies' shares, invoking layoffs. The company has just published these results, taking note of its lost patent:

Research and development costs for the years ended December 31, 2018 and 2017 were $2.7 million and $20.5 million, respectively. The decrease in research and development costs for the year ended December 31, 2018 is the result of lower costs incurred in connection with the EP2801355 patent ("‘355 Patent") opposition in Europe ("Opposition Proceeding"), lower share-based compensation and the wind-down of our development efforts of dimethyl fumarate (DMF)-containing formulations.


The damage caused by the deterioration of the EPO remains to be realised. It can take decades to be fully evaluated. In the US, for example, patent trolls are said to have incurred losses of many tens of billions of dollars (taken out of the productive economy). Researchers such as James Bessen have done work to that effect. This is a lot more than the EPO budget for an entire decade. They just externalise the costs for private profits. The public pays.

Recent Techrights' Posts

Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
 
IBM Consulting: Layoffs Already in Progress
"What are the Deep Blue Thought Leaders World becoming? A rubbish heap?"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 25, 2025
IRC logs for Tuesday, February 25, 2025
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...