Bonum Certa Men Certa

António Campinos as German Sheriff Rather Than Office President

This isn't change, it's perpetuation of Battistelli

Klopp



Summary: A year after change of President the EPO remains a dictatorship where an autocrat antagonises the law and confronts facts with lies and denials; for things to actually improve perhaps it's time for António Campinos to go (and get replaced not by another appointee of Battistelli)

THE MUNICH-BASED European Patent Office (EPO) keeps tweeting support for software patents in Europe, even repeatedly bragging about software patents (monopolies on mathematics) granted to Qualcomm. It did so several times in the past couple of days alone, urging people to reward the culprit. The assault on the EPC arguably started (or escalated severely) with Battistelli, who now has a 35 U.S.C. ۤ 101 'sibling' in the US. Remember that the EPO was lobbying for software patents even in Australia (under the Battistelli regime), as was noted by mainstream media at the time, around 2011. The EPO states its intention to spread such a policy to the entire world in a new document issued by Campinos.



"Will the EPO learn to obey actual justice and respect courts (which incidentally keep striking down patents on life and mathematics)?"If Europe leads the world in something patent related, it's not patent quality but patent maximalism. That is a source of shame, not pride. Recently, or as late as last week (belatedly in our assessment, they gave him too long a 'grace period'), SUEPO 'declared war' on António Campinos along with a call for strike. Will that matter? Can that restore law and order? Will the EPO learn to obey actual justice and respect courts (which incidentally keep striking down patents on life and mathematics)? Or will it just obey orders from the dictator du jour (usually Frenchmen)?

It sadly seems as though a whole year was 'wasted' with Campinos; he did nothing. In fact, he might soon give about $50,000,000 to a Third Reich firm. Stay classy, Campinos...

Sometimes it seems like things only get worse -- not better -- under Campinos. Look at patent quality and what SUEPO published a few months ago. With the likes of Bergot still in charge of staff, what hope is there for real, substantial change? Not to mention the increasing levels of nepotism (EUIPO staff flocking to join their old boss, Campinos).

"Campinos actively and consciously violates the very 'constitution' of the EPO."On the technical side, what has Campinos offered? Nothing. A billion euros to be wasted on buildings? That alone would do nothing to improve working conditionS and quality of work. In fact, there are already empty buildings in the EPO's possession. Why build additional ones? The EPO even rents space in Haar in order to just punish and scare all of its judges. Campinos has done absolutely nothing to correct it and it's a gross violation of the EPC. Campinos actively and consciously violates the very 'constitution' of the EPO.

CMS Cameron McKenna Nabarro Olswang LLP's Jane Hollywood and Frances Denney have just written about the EPO's Technical Board of Appeal decision T 2136/15. The judges there still lack independence. They're controlled by people who break the law. So what can possibly come out of this which proves revolutionary?

The EPO Technical Board of Appeal (TBA) reviewed the law around novelty of use, and determined that in the case of CardioPolymer...


The rest is behind paywall, but notice how the Boards almost never rule in defiance of Office management. They can't. It's too risky. This new self-promotional post from Swati Gupta of LexOrbis, boosters of software patents in India and elsewhere [1, 2], says the following about the EPO:

With regard to the patentability of product by process claims, EPO has well defined guidelines which states that product defined in terms of process is allowable only if the claimed product full fills the requirement of patentability i.e. the product per se should be novel and inventive regardless of the fact that it is produced from a new process.

If the product is defined by the process than the burden of proof lies on the applicant to prove that the product defined by process is different from the known product and to provide evidence that the modification of the process has resulted in a modified product.


It often seems like patent scope no longer exists at the EPO. Throw in some words like "technical" and maybe add buzzwords like "AI" and voila! European Patent granted. What value do these patents have? Look no further than recent court rulings (on relatively new European Patents). Only the lawyers win. The patents perish in courts. We provide new examples almost every week and last did so weeks ago and days ago, even yesterday. Examples become more abundant every month.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024