Bonum Certa Men Certa

Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

The "big litigation" lobby

Red hat on a girl



Summary: The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)

THE MEDIA coverage about patents is deeply depressing because the publication houses that cover the subject are either owned by law firms or have law firms as subscribers/sponsors. This means that rarely do we witness dissent/objection to the status quo, especially in the corporate media. It also censors comments.



Law Gazette and Managing IP's role in UPC promotion and patent maximlism was noted here previously and IAM is even worse than these; right now it's glorifying Roche patents that are likely responsible for the deaths of many poor people. Yesterday we discovered that Max Walters now works for patent maximalists (Managing IP) rather than that law firm-owned 'news' site (Law Gazette); speaking only to lawyers, as usual, instead of for lawyers. "Germany’s top court has refused a request for a compulsory licence, a decision that reaffirms the high bar that must be met, according to German and UK lawyers," says the summary. And according to everybody else, what is it? One of their writers recently confronted me about this, insisting that because their target audience is only lawyers then it's OK to just ignore everybody's views that don't agree with lawyers'.

"We duly take note of the fact that Bristows continues its silent 'takeover' or exploitation of IP Kat in order to promote patent trolls' agenda, including the UPC, usually through Annsley Merelle Ward."Sadly, the same has happened to IP Kat for a number of years; they have less objectivity or fewer scholars and more lawyers as their writers. They're now publishing lies for 4iP Council (via Bristows). It's "courtesy of Axel Ferrazzini (Managing Director of 4iP Council)" says an article titled "The Higher District Court of Düsseldorf in [patent troll] Unwired Planet puts some further constraints on SEP owners" [sic] (the article is full of misnomers and euphemisms, just like the title).

We duly take note of the fact that Bristows continues its silent 'takeover' or exploitation of IP Kat in order to promote patent trolls' agenda, including the UPC, usually through Annsley Merelle Ward. It's very, very sad as IP Kat did some good work covering European Patents/EPO issues (years ago when it was composed by very different people). It routinely brought up patent quality as well. What is it now if not a parrot of the status quo? Over the past few months we saw only one comment about EPO scandals in there (it was posted a few days ago).

Remember Heise covering EPO scandals? Yes, they did that routinely. A German-speaking person brought this new article to my attention last night (it's dated yesterday and has plenty of comments):

#NotNice #AI (sic!) as a #swpat #Backdoor ! cc: @schestowitz

Headline: more US pat's on GER/EU

Künstliche Intelligenz: Deutschland weit hinter USA

US-Unternehmen reichten 2018 doppelt so viele KI-Patente in Deutschland ein wie einheimische Firmen, die in Fahrzeugtechnik und Erkennungssystemen führend sind.

https://www.heise.de/newsticker/meldung/Kuenstliche-Intelligenz-Deutschland-weit-hinter-USA-4442899.html


Yes, "AI" again. Hey hi, hey hi, hey hi!

On Friday the EPO tweeted: "The Advanced Driver Assistance System developed by this Israeli computer scientist & his team at @Mobileye uses a single-lens camera & cutting-edge AI to spot & avoid traffic hazards in real time."

"Those patents aren't even valid (courts would reject them)."By "cutting-edge AI" they mean yet more software patents in Europe and nowadays they want to give awards for fake patents on software (not valid). It's not just this tweet; there have been lots more like it over the past week or two (a bit repetitive even), wherein the EPO was glorifying such patents and offering special awards for these. Those patents aren't even valid (courts would reject them). Will Battistelli think differently from courts? We shall find out soon.

European Inventor judges
EPO President António Campinos (or his 'brilliant' team) made Battistelli a judge (see image at the top, with the notorious politician suitably dressed for his cold heart)



Last night we caught Sara Moran's summary of a decision from the Court of Appeal of England and Wales (Civil Division), we assume regarding a British patent (UK-IPO grants these) or more fake European Patents (typically rejected by courts only after lots of money had been wasted on predatory lawyers who love such litigation mess). Outside the paywall it uses language similar to what we often hear/read at the EPO (e.g. "added matter" and "inventive step"): "The Court of Appeal dismissed Synthon’s appeal against the Patent Court’s finding that the patent in suit did involve an inventive step over the prior art, and Teva’s appeal against the Court’s finding that certain claims of the patent were invalid for added matter."

"Such outcomes don't suit the agenda of patent maximalists, so they usually just look the other way, hoping that their clients won't notice (as it would harm their confidence in such patents and lawsuits)."Every week we find at least one case of European Patents perishing in courts (at great expense to the defendant). But the media almost never covers that; we need to rely on press releases, sporadic blog posts and so on. Such outcomes don't suit the agenda of patent maximalists, so they usually just look the other way, hoping that their clients won't notice (as it would harm their confidence in such patents and lawsuits).

Recent Techrights' Posts

Loss of Technical Merit(ocracy)
"buzzword diplomas"
World Wide Web: Only Criminals Would Want Real Security and Vouch for Themselves When They Use Encryption
In "modern" browsers, the podlock icon probably does not mean what users might think it means
[Meme] OSI Digging Its Very Own Grave (With Microsoft)
The very latest blog post from OSI is a hoot
Geminispace is More Trustworthy (and Private) Than the World Wide Web
Unlike the Web, Geminispace does not route the lion's share of traffic through a collective of spying companies
 
LinuxSecurity (Guardian Digital, Inc) Sloppy With Its 'Linux' Slop
This kind of stuff is killing the World Wide Web and ruins human knowledge
[Meme] Chin-dropping and Jaw-dropping (Considerable Drop in Patent Validity and Quality)
This drop is very much intentional
Gemini Links 10/10/2024: Untruth, SSH, Gopher, and More
Links for the day
Geminispace Beyond 4,100 Capsules
4,000 was less than 8 weeks ago
Links 10/10/2024: TikTok's Legal Problems, WeblogPoMo Challenges
Links for the day
[Meme] European Patent Convention and Vienna Convention Became Only Fictions (Laws and Constitutions Are Now Works of Fiction in Europe)
A political crisis and blunder
Almost a Thousand EPO Staff Protesting to EPO Member States That the Office Illegally Grants Software Patents and Other Invalid European Patents
"The outcome confirms that the concerns about the EPO’s ability to grant legally sound patents remain"
Junk Science
science is being compromised for business purposes
[Meme] Dismantling .io (Stick a Fork, the Hype is Done)
NVIDIA is an excellent new example of hype driving up fictional "value"
UNIX is 55 This Year, It is 6 Years Older Than Microsoft
It should be noted that the surviving co-creator of UNIX, Ken Thompson, 'moved' to GNU/Linux (Debian) in recent years
This Year, for the First Time Since August 2019 (Bill Gates MIT Scandal, Jeffrey Epstein Bribes), libreplanet-discuss Was Inactive an Entire Month
The MIT injustice remains and recent "libreplanet" events were held in a venue that's not MIT and far less prestigious than MIT (the "Wentworth" imitation)
[Meme] Different Ending for Jurassic Park
UNIX in old movies
Evolution of Hype
Passing fads and rebranding
Groklaw Will Hopefully Come Back
Sites should be able to run for decades with hardly any human role/interaction, but that's not where we are...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 09, 2024
IRC logs for Wednesday, October 09, 2024
Gemini Links 09/10/2024: YouTube Woes, Post-Truth Slop
Links for the day
Nothing Will Be Secure and Robust to Failure Until Microsoft Windows is Eradicated and/or Disconnected From the Internet
Every system has limited capacity, Windows botnets push things to their limits
GNU/Linux Took Off at the BSDs' Expense (Amid Telecom Lawsuit) and the Rivalry Persists Because Microsoft is Negligible in the Server Space
UNIX or POSIX is the future
Links 09/10/2024: Samsung's Fall, Tensions Growing Near China
Links for the day
Gemini Links 09/10/2024: Retroware and gmlgcd 2.0
Links for the day
Links 09/10/2024: Microsoft's Surface Duo 2 Officially Dead, X/Twitter Shutdown in Brazil, and "OpenAI Is A Bad Business"
Links for the day
Technology: rights or responsibilities? - Part III
By Dr. Andy Farnell
[Meme] Bill Gates With a Side of "Linux"
Linux Foundation is trolling us with Bill Gates
Once Again Linux Foundation Makes It Clear It's Being 'Absorbed' by Bill Gates
Linux Foundation devotes about 2% of its budget to Linux
Links 08/10/2024: Australian Fines for Twitter (X), Fake Patent Courts Still Not Scuttled
Links for the day
World Wide Slop
If it quacks like a duck...
IBM is a Boys' Club
If IBM collapsed, the Red Hat engineers who work on GNU and Linux would simply work elsewhere (on the same projects)
The Miserable State of GAFAM
Looking for government handouts
Microsoft is Acting Like a Company That's Running Out of Money (But Still Pretends to be Wealthy in Order to Attract or Retain Shareholders)
Azure has had mass layoffs every year since 2020, yet Microsoft keeps telling shareholders that "clown computing" is growing
Dr. Andy Farnell's Article on Societal Disorganised Attachment and the Role of Social Control Media
The article is quite long and typos were still being fixed as recently as last night
Smear Alert: Linus Torvalds Asking for Better Commit Messages Makes Linus a (Grammar) Nazi
Maybe the "mainstream media" is looking for clickbait or maybe it's actively looking to make a scandal - a phony controversy with which to make the job of coordinating Linux unpleasant
Gemini Links 09/10/2024: Climate Doom and Clagrange
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 08, 2024
IRC logs for Tuesday, October 08, 2024
Dr. Andy Farnell's Article on Why Passwords Still Rock
"Seven for a secret never to be told"
[Meme] Driver Issues
Where do you want to drive today?
The Problem Isn't That New Cars Use Electricity But That They Use Too Many Bits of Electronics
"...and proprietary software wrapped in proprietary APIs and protocols all without a modicum of compartmentalisation," an associate adds
We're Turning 18 in 30 Days
30 days from now the site turns 18
GNOME Foundation Says It's Nearly Broke (Again), It's Getting Rid of More People (Only Women Get the Boot), and It Will Improve Communications and Transparency Even Though It Secretly Ousts People From the GNOME Foundation Board (for Secret Reasons)
It only talks about this months later (under strict gag orders, only public shaming of a person)
Gemini Links 08/10/2024: Guilt by Association, Workers vs Owners
Links for the day
Links 08/10/2024: War Updates, Samsung's Layoffs, and Gemini
Links for the day
Another Dose of Fake 'Articles' About Linux
Don't give visibility to the nonsense of Microsoft
Links 08/10/2024: Microsoft Deleting Office Documents Instead of Saving Them, "Threads Still Sucks"
Links for the day
gemini.techrights.org and techrights.org (Same Server, Not the Same Protocol)
We're reminding readers that everything in this site is fully accessible via gemini.techrights.org in Gemini Protocol
X Has Axed Itself. This is Great News and Further Affirmation of Everything We've Said About Social Control Media.
Don't waste any more time on social control media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 07, 2024
IRC logs for Monday, October 07, 2024
Gemini Links 08/10/2024: Contingency Begets Complexity, Playing With Bezier Curves
Links for the day