Bonum Certa Men Certa

Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

Actually it is the case, as SUEPO made very clear (based on internal data)

EPC rantsSummary: Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)

OUR in-depth coverage of European Patent Office (EPO) affairs is over 5 years old. We had covered the EPO prior to that, but not as frequently. We nowadays have pretty deep insights, valuable contacts and a good understanding of the issues. We're fine with attorneys/lawyers not liking us. Some of them accept what we're arguing, whereas others find it "offensive". We can't please everyone, but we can at least keep honest. We're sincere, sometimes brutally (for some).



"We don't try to discourage dissent against us; we're all for free speech. But free speech also means the right to defend oneself -- something IP Kat urgently needs teaching itself about."We don't typically write this kind of post, but SUEPO currently links to a Kluwer article from Team UPC, where the majority of comments mention Techrights in one form or another. There's one person there who always claims to sort of agree while at the same time, perpetually, always bashing us. We've noticed the same in IP Kat and another site. It's usually the same person and it often boils down to our view/s on patent scope.

In short, arguing that the EPC is OK with software patents is intellectually dishonest; that's simply untrue. And no, calling it "HEY HI" (AI) won't change that; I've done "AI" since my early 20s, I know how that works. I wrote code to that effect.

The law is pretty clear about software patents. So are the courts. So is the European Parliament. But we suppose those who make a living from such patents are in denial about it (for the same reason Team UPC is in denial about the collapse of UPC/A).

We don't try to discourage dissent against us; we're all for free speech. But free speech also means the right to defend oneself -- something IP Kat urgently needs teaching itself about. It's also deleting comments critical of the EPO and its management. Not cool...

Earlier today we saw a post about PPH (akin to PACE and other programmes that speed things up; another such programme was mentioned here yesterday). Speed isn't indicative of quality and it's usually detrimental to accuracy, especially when multiple people need to assess a case/application. PPH generally works in favour of software patents in Europe -- patents that are legal neither in Europe nor in Australia. They're looking "to fast-track patent applications," as Paul Whenman and Andrew Gregory have just put it. Their article is about sloppy patent examination designed to just help aggressive patent trolls and equip those looking for sanctions/embargoes (profit by harm and extortion), not innovation. Campinos and Battistelli don't know what innovation is; they're not scientists. In the words of Whenman and Gregory: [via Lexology]

IP Australia became an early participant in the PPH process. Following a successful pilot program with the USPTO, which commenced on 14 April 2008, Australia joined the Global PPH (GPPH). The GPPH initially covered Canada, US, Japan, South Korea, Denmark, Finland, Great Britain, Iceland, Norway, Portugal, Spain and Russia. Subsequently, the New Zealand jurisdiction was added, along with a raft of other particpants.

Although the European Patent Office (EPO) is notably absent from the list of GPPH participants, fortuitously, IP Australia entered into a bilateral agreement with the EPO on 1 July 2016 in order to fast-track patent applications. This agreement provided for a trial period of three years. Given the global significance of the EPO, this was a very welcome and positive development.

[...]

On 1 July 2019 it was announced that the PPH trial between IP Australia and the EPO would continue for a further three years. Additionally, the original GPPH program with the other participant IP offices continues with no indication of curtailment.

This is indeed very good news as applicants will continue to be able to access and gain the benefits of the generous PPH programs operated by IP Australia.


Techrights has long expressed concerns about the EPO putting litigation first; it seems to have forgotten its core values and goals. If it exists to promote science and knowledge, it will give the benefit of the doubt to defendants/alleged infringers. Instead, today's EPO gives many bogus patents to serial plaintiffs/claimants, who may in turn leverage these bogus patents to make bogus (invalid) claims of infringement. Patent trolls absolutely love that.

“On 1 July 2019 it was announced that the PPH trial between IP Australia and the EPO would continue for a further three years.”
      --Paul Whenman and Andrew Gregory
PPH is obviously biased or tilted in favour of plaintiffs, not defendants. Judging by who (or whose groups) today's EPO management likes to associate with and hang out with (in the media it has liaised with Watchtroll), it's crystal clear whose side they're on. How many of today's EPO managers even have a background in science? One is alleged to have faked his diploma, but that's another matter. If a few people have an issue with our EPO coverage not because they disagree about the EPO but about patent scope, maybe it's because they don't do actual coding and can't quite see things with developers' scopes/optics.

Recent Techrights' Posts

Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Ageism in Tech
Your protocol is "old"...
 
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025