Bonum Certa Men Certa

EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

They now rely on EBA to 'endorse' such patents (again)

EPO toons



Summary: A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)

IT OUGHT to come as no surprise that António Campinos -- like his 'handler' -- pushes hard for software patents to be granted by the European Patent Office (EPO). The law does not matter to these people; neither do constitutions. Today's EPO is totally in the pockets of patent maximalists (just look at all the tweets from Friday; they're in cahoots).



Rather than moan and groan about this sad reality let's take stock of the latest observations, which merit a rebuttal or two. We hope that by exposing facts we can at least enlighten some examiners; perhaps people in positions of authority can respond accordingly.

Just before the weekend Bristows' Alan Johnson turned the Kool-Aid nozzle again (link for those curious enough to see it). When Bristows says "Poll indicates businesses’ support for UPC without UK" it refers to propaganda from a UPC think tank; it's Managing IP's UPC propaganda machine -- one that its staff pinged me about in Twitter (as if to impress me with their so-called 'study'). Suffice to say, it's a poll that only speaks to and for litigation firms. Bristows is a band of liars, so they spin that as "businesses’ support"; it's not an independent poll (push polling likely) and it blindly follows that ludicrous idea that a corrupt institution that breaks the law internally would act better outwards. We've already written a great deal about the firm behind it; on Friday it spoke -- in its very latest article -- of "Rising Star Awards". Paid-for, fake and corrupt awards. The lawyers' 'industry' has been manufacturing these fake 'endorsements' for themselves. IAM does this for a living, so why not Managing IP as well? Under the guise of "IP STARS"...

"We hope that by exposing facts we can at least enlighten some examiners; perhaps people in positions of authority can respond accordingly."It's that same old business model of lying and calling people/sponsors "STARS". It's a common scam/fraud in other domains too; a firm comes with an offer of an award, in exchange for some payment of course; contrariwise, it can blackmail businesses with threat of negative publicity. From Managing IP: "The best rising stars lawyers from across the continent congregated at The Pierre Hotel last night to celebrate Euromoney Legal Media Group’s second annual Americas Rising Stars awards."

So they booked some expensive hotel in which to give their bogus awards. In the same way they promote the UPC with bogus 'polls', after the EPO cooperates with them on UPC propaganda events. IAM does that too. They're all connected and they fool nobody but themselves. They hope to mislead politicians however. Why?

Look no further than Friday's post from Kluwer Patent Blog (in which Team UPC admits: "Czech Republic will not ratify UPCA any time soon"... or ever!).

So now they admit they've lied about remaining barriers. The opening paragraph states "it may violate the Czech Constitution."

"So they booked some expensive hotel in which to give their bogus awards."Not just the Czech Constitution; there are similar issues in Hungary and elsewhere (even the courts ruled accordingly).

Norice that Team UPC is nowadays writing anonymously, e.g. "Kluwer Patent blogger", in order to dodge accountability for lying. "Kluwer Patent blogger" is always or usually Bristows. It's probably Alan Johnson. Here they go: "The Czech Republic will not ratify the Unified Patent Agreement in the near future, even if the Unitary Patent system takes the hurdles of the Brexit and the German constitutional complaint. According to a Price Waterhouse Coopers (PwC) report on the impact of the patent package, which was commissioned by the national IP office, the Unitary Patent system could have negative financial consequences for Czech SMEs; moreover it may violate the Czech Constitution. Kluwer IP Law interviewed Karel Sindelka, partner and IP expert of the Czech law firm Sindelka Lachmannova, about the PwC report."

This is the same PwC which was paid by Battistelli a few years ago to lie about EPO staff.

Pressing on, however, who would actually want the UPC? Litigation firms for sure. It's also pretty clear that UPC would usher in software patents -- something that EPO management is still pushing for. It's lobbying very hard for illegal software while attacking its own judges into approving that. Based on this new blog post: "It appears that the President is broadly in favour of the patentability of computer-implemented simulations..."

"Pressing on, however, who would actually want the UPC? Litigation firms for sure."Of course!

IP Kat's blogger adds: "Running a simulation on a computer in order to determine a technical parameter, the President argued, is also not equivalent to a mental act."

Well, he never wrote a computer program! His sole skill is drinking wine with the 'right' people.

The blogger concludes with: "The EBA is independent of the President and is therefore not obliged to follow his opinion."

"His sole skill is drinking wine with the 'right' people."Lies from Rose Hughes? Probably not. Maybe she's simply unaware of recent developments. Consider EBA's recent handling of the 'Haar question'. In this newer one, Enlarged Board of Appeal (EBA) referral G 1/19, the same issues arise. These are serious issues which we've mentioned here many times before, as did IP Kat (albeit it's run by patent maximalists these days). It sometimes spreads lies for EPO management (and censors comments critical of it), so we shall assume good faith and strive to remain polite. Not an easy task when their latest roundup is full of patent maximalism -- same as last week! Annsley Ward (Bristows) is dominant in this blog; she's promoting patent trolls such as InterDigital (again) and also spent a long time promoting software patents in the past. Yes, in IP Kat! It's also not easy to overlook the professional affiliation of the author of this article; it's the litigation department of a pharmaceutical giant/monopoly (Rose Hughes works for one) and she constantly comments on the subject of her business. She has just done that again. So the blog lacks independence and it speaks for lawyers, not even scientists inside companies with patents. This wasn't always the case!

Here's what she wrote about G 1/19:

One of the more early awaiting referrals before the Enlarged Board of Appeal (EBA), is G 1/19, relating to the patentability of computer-simulated methods (IPKat post here). The referral has already attracted a large number of amicus curiae from interested parties, including CIPA, EPI and AIPPI. IPKat will review these observations shortly (once this Kat has had the chance to read them all). In the meantime, the EPO has recently announced that the EPO President himself, António Campinos, has taken the unusual move of submitting his own comments on the referral.

The President's comments can be read in full here. It appears that the President is broadly in favour of the patentability of computer-implemented simulations (in contrast to his view on the patentability of products produced by essentially biological processes...IPKat post here). In summary, the President argues that the case law of the Boards of Appeal already provides that computer-implemented simulations, claimed as such, may be based on technical considerations. Furthermore, these technical considerations may confer inventiveness on the claim. Computer-simulated inventions may therefore be inventive, and thereby patentable.

[...]

Will the EBA agree with the President? The EBA is independent of the President and is therefore not obliged to follow his opinion. Furthermore, as mentioned above, there have already been a large number of observations from third parties submitted to the EBA, some in favour and some against the patentability of computer-simulated inventions (Article 10 RPEBA). Individuals with strong views on this issue [Merpel: such as certain hyperbolic bloggers...], are encouraged to submit their own!


That last remark might be a vague reference to us; I already submitted letters to the EBA a long time ago. That barely had an effect. It would be even less likely to have an effect now that these judges lack independence.

"Many of these patents are fake. Everyone knows it, even the examiners (or SUEPO which represents them), but there’s pressure to grant anyway and it’s expensive to challenge these in courts or even in formal appeals."Will the judges feel comfortable going against the wishes of Campinos and guard the EPC instead? That's a risky career choice. Many of these patents are fake. Everyone knows it, even the examiners (or SUEPO which represents them), but there's pressure to grant anyway and it's expensive to challenge these in courts or even in formal appeals. 35 U.S.C. €§ 101 in the US is proving that the USPTO granted far too many such bogus patents as well; Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) aren't so cheap, however, so most patents will reach their expiration date without proper scrutiny.

Recent Techrights' Posts

Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
 
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025