Bonum Certa Men Certa

Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice



European Digital SME AllianceSummary: The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries

THE Battistelli/Campinos-run EPO is a blatant, shameless promoter of software patents in Europe, as we last noted earlier today. Similarly, the new USPTO Director is hostile towards 35 U.S.C. €§ 101 because he has long been an advocate of software patents. He made money from litigation, just like Michael Borella who earlier today promoted the rigged 'panels' that merely discredited the US Senate. What makes these people so sure that 'dissing' courts/judges is a good idea? It only aggravates them.



"They're an illusion of value (like Ponzi schemes) or simply fake 'assets' that are just a piece of paper courts would spit at."Earlier today Ben Wodecki (IPPro Magazine) wrote about "HEY HI!" (AI) patents -- whatever they actually are; they're usually just bogus, abstract patents. They're an illusion of value (like Ponzi schemes) or simply fake 'assets' that are just a piece of paper courts would spit at.

It certainly seems like UK-IPO is trying to attract dubious applications; it wants patent applications of low quality and drops a big number (€£630 billion) because of "AI patents", which Wodecki was happy to pass on as though it was factual. To quote:

The number of UK patents in artificial intelligence (AI) has grown exponentially and is expected to add €£630 billion to the UK’s economy by 2035, according to a report from the UK Intellectual Property Office (UKIPO). The report, which gives an overview of AI patents and patenting by the UK AI sector, showed that the UK’s patent activity related to AI technologies has more than doubled in the last decade.

However, according to UKIPO figures, around 88 percent of AI-related patents first filed in the UK are also protected elsewhere.

The US still dominates globally in the number of AI-related patents, with double the number of patents compared to the UK. The UK sits in a respectable fourth place, behind two multinational offices, the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO).


What good are these patents though? Here's another way to put it; as a reminder, the UK Supreme Court is no friend of patent extremists [1, 2]. It throws out patents like these and the higher the court is, the more likely it is to do so because at the higher levels corruption and mischief are harder to get away with; so the law is adhered to/respected more often, ratio-wise. Also among the contributing factors: more eyes (scrutiny) due to importance by precedent.

"It certainly seems like UK-IPO is trying to attract dubious applications..."As it turns out, or as patent maximalists put it today, UK Supreme Court judge Lord Justice David Kitchin slaps down this whole "HEY HI!" (AI) hype that's used to justify bogus patents in places that are run by clueless and greedy bureaucrats (like at the EPO). To quote the outline:

UK Supreme Court judge Lord Justice David Kitchin says he is not convinced AI-created works warrant the same IP protection as human creations


The EPO does not seem to care what European judges are saying; instead, the EPO hopes to just replace them all with judges more closely/directly controlled by the EPO. "French ratification of the UPC was pushed through the Senate by rapporteur M. Ronan Le Gleut, who was examiner at the EPO," Benjamin Henrion noted some time ago (we wrote about him before) and another EPO alumnus, Christian Archambeau, moved from the EPO to EUIPO, where both institutions are still 'googlebombing' the term "SMEs". They just try to distract from the harm they cause to these, expediting work that concerns large foreign companies; the UPC would of course cause further harm to SMEs. Over the past month or so, several times per week in fact, the EPO and EUIPO have promoted the same bogus 'study', which they paid for (it invalidates the argument of neutrality or motivation being benign). Earlier today the EPO once again tweeted: "Our joint study with the @EU_IPO shows that the likelihood of experiencing a high-growth period is 17% higher for SMEs that have filed for at east one European IPR."

"The EPO does not seem to care what European judges are saying; instead, the EPO hopes to just replace them all with judges more closely/directly controlled by the EPO."That's based on bad science, just like prior 'studies' they did on SMEs, which are harmed the most. Watch them bragging (warning: epo.org link), even in Twitter this morning, about that stupid "award" of theirs; they reward software patents from foreign giants like Qualcomm and want us to believe that those patents exist for a positive purpose.

"Munich fake injunction [with EP2724461] published," wrote Florian Müller in his blog only a few hours ago, demonstrating that patent quality is a disaster and this results in highly expensive injustice. This is what Qualcomm did:

This is a long-overdue follow-up to a post of two months back on an order by the Oberlandesgericht München (Munich Higher Regional Court) granting a motion by Apple to stay the enforcement of Qualcomm's illegitimate (for multiple reasons) Germany-wide injunction over EP2724461 on a "low-voltage power-efficient envelope tracker"--a patent that an opposition panel of the European Patent Office revoked last month because it shouldn't have been granted in the first place, not even in a narrower form (Qualcomm can and likely will appeal that decision). And Judge Lucy H. Koh's landmark FTC v. Qualcomm antitrust ruling came down that same week.

Of all the cases I've watched since I started this blog nearly a decade ago, what went wrong in this Munich case makes it the worst non-standard-essential patent case by a wide margin, just like the district court's Oracle v. Google rulings were the worst in any software copyright case and the Mannheim Regional Court, in 2012, set a negative example for how to handle a standard-essential patent (SEP) case when it totally failed to recognize Motorola Mobility's blatant antitrust violation by seeking to enforce SEPs after initially making bad-faith out-of-this-world royalty demands (a royalty on computers that was effectively more than a 100% royalty rate since Microsoft would have had to pay Motorola more than it typically earned per copy of Windows sold to an OEM). Apart from that, I've certainly seen--and keep seeing--very bad stuff coming out of the Eastern District of Texas on various occasions, but those weren't cases I followed closely.

The regional government of the state of Bavaria published the December 2018 fake injunction ruling, but I still haven't been able to find a public redacted version of the appeals court's order that tears the fake injunction into pieces, so I'm going to publish it here and now (this post continues below the document):


It's not hard to see that an SME would not be able to endure because it's just too expensive. Yet patent extremists from CIPA and Team UPC not only promote the UPC but also software patents. IP Kat (Jonathan Pratt) has just advertised an event in which patent extremists from CIPA promote patents on life and nature. To quote:

CIPA’s annual Life Science Conference is taking place on 11 and 12 November 2019 in Brighton. The conference is an educational and networking event for patent and IP professionals active in the pharma, medical technology and biotechnology sectors. There will be a pre-dinner speech by Lord Kitchin. More information can be found here.


"Intellectual Property Magazine is recruiting a Reporter in its Business Intelligence division," he adds. Some of their writers left. We've noticed. In fact, staff turnover in these think tanks (disguised as "news") seems very high. Many quit and just vanish without notice. Same in MIP and IAM. The patent maximalists in general experience calamity these days.

"One has to wonder if they even care about science at all. They don't."Just over an hour ago IP Kat (Cecilia Sbrolli) wrote some more fluff about "Fourth Industrial Revolution" -- a vague marketing term that the EPO likes to use when it talks about software patents (knowing it cannot use the term "software patents"). To quote the introduction: "A few weeks ago this Kat was pleased to participate in the event "Institutions And Regulation For The Fourth Industrial Revolution" jointly organised by the Liège Innovation and Innovation Institute (LCII), Hoover IP2 (Stanford University), and the Center for Intellectual Property of the University of Gothenburg."

Yeah, so-called 'Intellectual Property' [sic]. One has to wonder if they even care about science at all. They don't.

Recent Techrights' Posts

"GNU/Linux" No Longer a Pandora's Box
Cannot even make or crack a joke... when you have a target painted on your back
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
TV Programmes in Geminispace
Sort of like teletext except more cross-platform
Techrights' Assessment of Red Hat Layoffs in 2025 (Yes, They Happened!)
In short, Red Hat layoffs did occur this year, but even when they did the media did not mention these (and those would count as "IBM" regardless)
The GPU Bubble (GPUs Marketed by Useless Slop)
"they're selling GPUs for the sake of selling GPUs"
 
Claims That IBM Research Brazil is Shutting Down, Japan Impacted Also
As usual, the corporate media won't mention this
Links 19/11/2025: Google Nest Surveillance and Daily Telegraph Still Up for Sale
Links for the day
Gemini Links 19/11/2025: "Slack is a Sauna" and ClaudeBot Nuisance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 18, 2025
IRC logs for Tuesday, November 18, 2025
We Don't Keep Logs
Not for any considerable length of time
Wall Street Journal is Publishing Puff Pieces About Quantum
For IBM [...] a lot of articles about "AI" are basically a form of spam
Is the Lid Being Shut on Top of LLM Slop?
It sort of "feels" like slop is becoming passé
Celebrating Digital Sovereignty
Digital Sovereignty is connected very closely to the concept of Software Freedom
Your Web Site is Connected to the Net and the Server is Powered On, But Cloudflare Takes It All Down
Anything outsourced means that yet another party can get things wrong, resulting in problems for everyone else "in the chain"
The Register's Latest Slop Spam, Another Paid-for Article to Inflate the Bubble
Remember when celebrities advertised FTX?
Quite a Few Red Hat Layoffs These Days (or Departures)
Remember that if there are Red Hat Layoffs, they won't be called "Red Hat Layoffs" but instead be "IBM RAs" or some thing to that effect
Today is an Excellent Day To Remind People to Dump Clownflare (Cloudflare)
If people think that Clownflare (Cloudflare) will improve uptime and make access better (it sure makes accessibility far worse), remind them of all the times this clown show goes wrong, taking down with it a lot of the Web
Links 18/11/2025: Asbestos Fears, Delays for GAFAM Undersea Cable
Links for the day
Links 18/11/2025: "Bitcoin Showing Signs of Severe Collapse" and CEOs of GAFAM Finally Speak About a Slop Bubble
Links for the day
Apparent Red Hat Layoffs in "AI" (Supposedly a Strategic Area for IBM)
What is going on there?
Gemini Protocol as a Growing Source of Audience (Mostly Technical People)
Clients for Gemini Protocol are available for almost every platform imaginable
EPO Change May be Afoot, Keep Pushing and Hold Those Feet to the Fire
Backlash is brewing and societal trends reinforce backlash right now
Links 18/11/2025: CISA Advisories, Climate, "U.S. Layoffs Surge and Blaming AI is Part of the Smokescreen"
Links for the day
Gemini Links 18/11/2025: "Block Them All", Annex, Signed Commits, and "Cryptography of the Internet"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 17, 2025
IRC logs for Monday, November 17, 2025
Right Under the Nose of Mainstream Media
That the media fails to cover the matter mostly speaks volumes about the media
Formalities Officers at the EPO Face Uncertain Future, Administration Gets Asked About That
They're being too polite (perhaps) to people whose agenda is detrimental not just to the EPO but also the EPC
Spanish Focus Coming Soon and Maturity of Site Search
We'll soon be focusing on Spain
Slopwatch: LLM Slopfarms Seem to be Slowing Down Somewhat
LLM addiction is a very unhealthy addiction
Thailand: Windows Down Sharply, Microsoft Loses Share to GNU/Linux
the Thai economy is strategic and relatively important in the region
EPO General Consultative Committee (GCC) Agenda: Reduction of Staff's Salaries (Compared to Inflation)
knocking salaries down some more
Gaming Journalist and Guru Jason Schreier Says Microsoft is Indeed Behaving Like It Exits the Console Market
Remember that many shops no longer sell or stock XBox
Links 17/11/2025: ‘Agentic OS’ Backlash and Facebook ('Meta') Loses Yann Le Cun
Links for the day
Gemini Links 17/11/2025: Technology's Harm in Schools, 3D Printer Blurb
Links for the day
Coming Soon: EPO Trip in Spain
António Campinos being 'Marcosed'
Links 17/11/2025: "You Don't Need Animations" and Blocking Copyright-Infringing Sites Inevitably Goes Wrong
Links for the day
The Register MS: Slop is "FOMO" (Fear of Missing Out), FOMO is Funding Us
even former management (Editor in Chief of The Register MS) admitted to me it was aware of this issue
What's 4Chan and Why It's So Problematic
Incels and losers converge around online echo chambers
Difficult to Win Arguments When the Simple Facts Are Not on One's Side
Starting arguments over things when you know the facts (unlike money!) aren't on your side is a dumb move that can only ever result in severe loss of credibility
Python is Attempting an Outreach to African-Americans, Microsoft Lunduke Has a Problem With That
Did he manage to brainwash himself into this ideology wherein bigotry is in fact tolerance, inclusion, equity?
Tribalism Injures Projects
In Free software communities, there are many species and "breeds". Some developers are happy to work with everyone else based upon technical merit
IBM is Googlebombing Its Way Out of Trouble and Criticism
IBM is a dying giant
No, There is Nothing Impressive About Slop Plagiarism-Enabled, Computer-Generated Images in Your Web Site...
When people use slop they do not broadcast an embrace of innovation; they merely signal they're lazy, unethical, and unscrupulous
After Denial (of the Issues) Comes Censorship
Every critic of the status quo is "racist" and every criticism is "racism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 16, 2025
IRC logs for Sunday, November 16, 2025
Intel, Facing Mass Layoffs (Including Many Key Engineers Who Work on Linux Kernel), is Pushing for Slop Inside Linux
replacing proper, well-tested code (and documentation thereof) with slop
More People Want to Quit Windows (Vista 10 is "End of Life"), Restricted Boot (UEFI) Makes That Harder
It's widely agreed (a consensus) that Restricted Boot is a bad thing for GNU/Linux
IRCNow Helped Techrights
If you want to gain more independence or "sovereignty" over your communications and need help setting things up (no prior experience setting up/configuring IRC), go to IRCNow
How We Managed to Make IRC Inclusive and Free Speech-Tolerant Without Banning People
People in IRC seldom agree on everything, more so if politics are aired and especially in the wrong context/s
UEFI 'Restricted Boot' Will Usher in Rootkits Into Linux
Those of us who understand and value what it means to truly own our devices should definitely be alarmed by these trends
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead