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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024