Bonum Certa Men Certa

Patent Maximalists Are Enabling Injustices and Frauds

Last year: The Enemies of the Patent System Are Patent Maximalists, Not Those Pursuing Saner Patent Policy

Theranos and EPO



Summary: It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots

THE SITE TECHRIGHTS has long been a fan of patent quality. We're not against patents; instead, we'd rather defend the integrity of patent law by ensuring that patents are only ever granted when it's justified (for practical, economic and scientific reasons). Publication is often better than secrecy (trade secrets), so patents are a form of incentive to publish closely-guarded secrets. We're OK with that.

António Campinos with his promotion of software patents in Europe is a stain on the European Patent Office's (EPO) reputation or what's left of its reputation. As we've just noted, even the US rapidly moved away from such patents over the past few years. It realised, owing to high courts, that patents must not cover natural phenomena and mathematics. Shouldn't that be trivial? Nature is not an invention; neither are laws of nature. They were never invented, merely explained.

"They're a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are 'echo chambers' (no sceptics are allowed to even speak). It's like a religion."Patent maximalists will never have "enough" patents; for them (or to their business), the more the merrier! It's totally insane. They're a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are 'echo chambers' (no sceptics are allowed to even speak). It's like a religion. Bigger than a cult and better financed/coordinated than most cults.

Yesterday we wrote about how Team UPC's lies have even landed in magazines. These people completely distort facts and recklessly spread lies. Their gospel would be laughable if its impact wasn't quite so corrosive to the rule of law in Europe. Bristows LLP's Liz Cohen is now seemingly writing about herself as a third person: "If you’ve missed the fall issue of ABA’s International Law News, you may want to read up Liz Cohen’s view of the future of the Unified Patent Court..." (UPC)

Check out the headline; Liz Cohen writes an article titled Liz Cohen about an article by Liz Cohen. They've found their "God" in Bristows. God complex much? The verge of insanity?

"These people completely distort facts and recklessly spread lies."It's worth noting that Bristows staff at IP Kat no longer even mentions the UPC. It's rather revealing. Maybe they got tired of comments that slam them for lying about the UPC. In fact, readers of the site are still (as recently as Friday) calling out CIPA for the PEB scam that IP Kat was promoting. CIPA is of course a major part of the Team UPC lobby, mostly but not only in the UK (where IP Kat is based). Not too long ago the chief of CIPA was editing IP Kat while meeting with Battistelli, which partly helps explain the 'death' of "Merpel" (i.e. of coverage about EPO abuses).

This CIPA/PEB scandal has already attracted about (maybe over) 200 comments in the past month alone; we've lost count because the comments are scattered or clustered around a few separate threads, having caused a major stir. The patent microcosm is now fighting even within itself, so get some popcorn and enjoy the show. We've noticed that some people in this profession sincerely pursue sanity (reasonable patent scope), whereas others are "true believers" in patent maximalism. Team UPC, for example, often gets slammed by more moderate voices, whom we appreciate. Not every patent attorney is as radical as the Watchtroll bunch or IAM bunch* and we've in fact noticed some 'good cops' in Kluwer Patent Blog (Bausch comes to mind).

"Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli."Just before the weekend, Lexology published this self-promotional piece from Barker Brettell LLP's Gurpreet Solanki. It's about EPO patentability as per patent scope (not that the EPO obeys the law in that regard) and it says "plausibility originates in the EPO case law as a response to overly-broad claims and to prevent speculative claiming."

Remember 'Teffgate'? It was all over the Dutch media earlier this year. This is what Solanki wrote:

Problems can also occur if a lack of plausibility is raised in cases where the specification filed lacks data demonstrating that a technical effect is plausibly solved. In such scenarios, the patentee can find themselves in a squeeze: relying on prior art or common general knowledge to demonstrate plausibility at the date of filing with the risk of the EPO finding a lack of inventive step based on the same prior art or common general knowledge. However, reference to prior art or common general knowledge in support of plausibility may not necessarily lead to a lack of inventive step objection. This is because plausibility is a threshold test which is not assessed in the same manner as whether an invention is considered obvious to try with a reasonable expectation of success. On the other hand if there is no prior art or common general knowledge to establish plausibility, the technical effect may not be considered to be plausibly solved.

It is therefore advisable when considering a patent filing strategy to provide as much information as possible with respect to technical advantages of the invention, which includes any experimental data at the date of filing. In the absence of adequate experimental results, additional effort should be put into the construction of a robust technical explanation for the purported technical effect which overcomes the plausibility threshold, thereby enabling the patentee to later rely on post-published evidence to demonstrate sufficiency.


Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli. Yes, we're talking about Theranos. ____ * The latest from IAM policy lobbying ("blog") says that "EPO presidency seems determined to exclude plants produced by biological processes from patent protection." IAM calls this a "controversial" move and says the "intervention is unlikely to succeed," which is unsurprising. It's only controversial among the patent maximalists who fund IAM and the reason the intervention will likely be ineffective is that the appeal boards lack independence.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025