Bonum Certa Men Certa

EPO is Fast Becoming the Office of Invalid Patents (IPs)

AI hype at EPO



Summary: The rush to grant lots and lots of patents irrespective of the underlying laws (which govern the Office and the courts) is guaranteed to lead to a collapse or an avalanche of invalid patents (IPs)

WHAT if Europe became one of the world's worst venues for patents? What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?



Gene Quinn (Watchtroll) uses the European Patent Office (EPO) as a propaganda model for software patents right now, having just published some nonsense titled "Software May be Abstract, But a Computer-Implement Invention Produces a Technical Effect" (we don't link to Watchtroll anymore, but eager readers can find the nonsense shall they wish). It says that it covers "computer implemented inventions, particularly in the field of artificial intelligence (AI), and how the EPO system compares with the U.S. patent examination system."

"What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?"Notice the buzzwords, including "hey hi" (AI). We're meanwhile seeing the most vocal lobbyists for software patents in Europe tweeting this link, adding: "There's a new entry in the EUROPEAN SOFTWARE PATENTS knowledge base" (more like marketing).

They too use terms like "Technical Effect" or "Technical". They don't speak in terms such as "eligibility" or "validity" or (legal) "certainty", knowing perhaps that a lot of European courts would reject such patents, citing the EPC, which António Campinos and Benoît Battistelli blatantly and consciously violate. The violation of the EPC is one of the main reasons the UPC will never materialise. But Team UPC is of course in denial about it; linking to a tweet from an erratic person (as if Twitter contains actual information), Team UPC is still desperate to make UPC seem like a "matter of time" (denying its demise/death/stagnation). Yesterday it tweeted: "It is fair to assume that the German Constitutional Court will take note and that Prof. Huber will hardly be incentivised by these news to decide the #UPC complaint prior to 31st October 2019."

They allude to Brexit, but Brexit is one among at least four considerations for denial of ratification. Never mind or let aside the fact that not only Germany is a barrier (there are several more countries which reject UPC-like schemes, even on purely constitutional grounds).

"...from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences."Over at Kluwer Patent Blog, a site of Team UPC, there's this new post published for Alex Calver by Bristows LLP (the same person also published FRAND agenda on the same day). It's about the demise of European Patents (EPs) in the British courts and the latest example of it: "Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio€® and used to treat ulcerative colitis and Crohn’s disease. The judgment tackles some complex areas of law. In short, Birss J found the Takeda’s product would infringe EP’809, but for the damning validity assessment that found it lacking novelty, obvious by virtue of a lack of technical contribution and insufficient."

We've sadly come to the point where the collapse in quality of EPs is too visible to ignore and therefore the number of applications for EPs is declining. The EPO is rendering itself moot, endangering the careers of its workers. But from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences. There's no collective responsibility, neither care nor loyalty to the Office they profess to serve.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day