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

EU 'Chat Control' Law is Already Discrediting the Stated Goals of GDPR
Equip kids with always-on always-connected microphones and double-sided cameras, just to be safe...
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Justices Jeremy Johnson and Victoria Sharp to Decide the Fate of Julian Assange in About Three Weeks
Will he be back home in Australia by year's end?
Treating Them as Teammates, Not as Political Props, Trophies, or Objects
Most of the world's people are women
Belarus: Bing Fell From 1.1% to 0.6% Since Microsoft Started the LLM Hype (Yandex is 50 Times Bigger Than Bing)
Now enter Belarus
 
Morocco: GNU/Linux Surges From 0.1% to 4.21%
Microsoft has mass layoffs in Africa these days
[Meme] EU Chat Control II
Stuff like "Chat Control" means that GDPR will lose credibility and the true motives be rightly scrutinised/questioned
You're Only Proving Our Point, Sir
clearly obsessed with what we write
Just Because It Happened Over 20 Years Ago Doesn't Mean It's "Old News" or Stopped Happening
This strategy merely evolved
Thanking Solderpunk for 5 Years of Gemini Protocol
Long live Gemini Protocol and long live Solderpunk!
[Meme] He Who Controls the Boot
And licks the Microsoft boot
[Meme] systemd-recovery
Imagine "Linux" (Poetterix) becoming so unreliable that it needs factory resets
Almost Every Day This Month the GNU/Linux "Market Share" Grows in statCounter
Advocates like to see progress
Dawg, I Herd You Like Freedom
In the context of Software Freedom, little is ever said about free speech
Links 19/06/2024: Microsoft Faces Big Backlash, Bytedance Referred to US Department of Justice
Links for the day
Gemini Protocol Turns 5 in 15 Hours
Geminispace is still very much alive
OSI's Blog is Still 100% "AI" Nonsense Sponsored by Microsoft (the Authors Are Also Salaried by Microsoft)
The founder of the OSI no longer supports the OSI
Poland is Another Country Where Bing Lost a Lot of Market Share Since the LLM Gimmicks
down from 3.24% to 2.4%
It Took Microsoft More Than 3 Years to Get a Quarter of Windows Users to 'Upgrade' to Vista 11 (3 Out of 4 Windows Users Still Reject It)
That is exactly what's happening right now
[Meme] The Empire
Don't be like Putin
They Want 'Transparency' Only for the General Public (Every Bit of Communication Available to the Government, Usually Via Corporations)
The EU might decide to effectively ban SSH
Free Software Won't Fix Equality, But It Helps
Let's examine Free software in the context of: 1) money. 2) justice.
Links 19/06/2024: SFTP and Gopher Milestone
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 18, 2024
IRC logs for Tuesday, June 18, 2024
US Surgeon General's Advice on Social Control Media (and "Smart" Phones) Seems Reasonable
People forget what the real world is about
Quiet at Planet Debian
planet.debian.org has not had any updates since 5 days ago
Morale at Microsoft Sinks to New Lows
The annual 'Employee Signals' survey showed a drop from 69% to 62% in positive responses
Microsoft Windows is Being Abandoned in the UK, Relative to Other Platforms (New All-Time Lows)
Windows at new lows
Links 18/06/2024: More Executives Leave Microsoft, Attacks on the Press in Russia and 'Exile'
Links for the day
[Meme] Always Livecasting
Wait Till Systemd-Recall
Australia: Bing Lost Market Share Since the LLM Hype ("Bing Chat")
Google rose, Bing went down
Gemini Links 18/06/2024: Unconscious Consumption and Firewall Autoban
Links for the day
[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day