Bonum Certa Men Certa

The EPO and the USPTO Keep Granting Illegal Patents and Mainstream Media Doesn't Talk About That

Seats in church



Summary: The departure from the rule of law in pursuit of abstract patents doesn't seem to interest the media; it's as if media owners are perfectly happy to let this injustice carry on

THE failure of the media is profound. It's only selectively covering issues. It also stopped writing about European Patent Office (EPO) abuses; not because they ended but because the EPO bribed or threatened publishers (there's evidence to that effect, it's not an empty accusation).



Yesterday we saw additional coverage about the EPO stepping out of line w.r.t. patent scope; Earlier this week we mentioned Life Sciences Intellectual Property Review's coverage and last week we wrote a couple of articles about it. Mainstream media in Europe and elsewhere continues to mostly ignore this scandal, which is about the EPO granting patents on life and nature in defiance of European law. Do the media owners worry that covering that might tarnish Europe's reputation? As if the cover-up isn't in itself damaging? Google News doesn't pick up anything but 'small sites' that cover EPO problems, e.g. "EU Reporter" this week. That's not because Google itself tries to censor these issues; it's because corporate media is complicit in a silence. This is an issue we shall continue to bring up. "Parliament says no to patenting plants bred naturally," said the headline of "EU Reporter", which then went on to say: "The European Parliament has repeated its opposition to patenting plants obtained through natural processes. But what makes it an issue in the first place? On 19 September, MEPs voted in favour of a resolution stating that plants obtained through conventional breeding processes, such as crossing and selection, must not become patentable. They fear that allowing natural plant varieties to be patented would concentrate plant breeding material in the hands of a few powerful multinational companies. The resulting loss of genetic variety could in turn endanger food security and raise food prices."

"That's not because Google itself tries to censor these issues; it's because corporate media is complicit in a silence."Why has no "mainstream" site touched this subject? Not even one!

Meanwhile we can see that the American patent office sets up events, webinars etc. to disguise illegal software patents as "HEY HI!" -- the same thing the EPO does. To quote a patent maximalists' blog: "The United States Patent and Trademark Office (USPTO) is seeking a technical expert to advance the shared understanding of how to best implement the opportunities presented by Artificial Intelligence. The role will provide technical expertise in developing solutions for real-world, large-scale problems using Artificial Intelligence at the USPTO."

Janal Kalis has just given this new example: "Specifio has obtained US Pat 10417341 for methods for using machine learning to create a patent spec based on human provided claims. I wonder if the patent spec was created using only the software--no human intervention."

"Why has no "mainstream" site touched this subject? Not even one!"If it is "using only the software," then it is a software patent. It ought to be denied. But the U.S. Patent and Trademark Office's (USPTO) Director is looking to bypass 35 U.S.C. €§ 101, i.e. the law itself. He's not a lawmaker and it's not his job to decide what the law is. António Campinos and Benoît Battistelli are similar to him in that regard; they promote software patents in Europe and defend patents on life/nature in spite of the law forbidding that. European Parliament is too slow to (re)act and there's insufficient public outcry because the big publishers aren't mentioning that.

Bogus patents are being granted. Should we not all be very concerned? Each such grant is an injustice. Those are fake patents or software patents that the courts will toss out again and again, citing 35 U.S.C. ۤ 101. But they say "blockchain" and "HEY HI!" (AI) so the patent offices tell us it's OK. Here's a new example entitled "Verizon Awarded Patent for Blockchain-Based Virtual SIM Cards" (obviously software).

To quote: "Leading communications and technology company Verizon has been awarded a patent for using virtual subscriber identity modules (vSIMs) for customers’ devices."

Why would any court uphold such a patent? Verizon would probably never take such a patent into court, knowing that an unfavourable outcome is likely. Maybe Verizon might pass this to a troll some time in the future...

"The EPO went as far as trying to swap all the judges with its own (UPC), but that coup failed miserably."The courts in the US will thankfully continue to do their job, which is why patent maximalists at Watchtroll keep attacking the legal system. Watchtroll's Gene Quinn has just published "Blame for the Weakened U.S. Patent System Cannot Be Pinned on the PTAB Alone" (because he now attacks all the courts, all the judges, and everyone who agrees with PTAB). David Cohen has also just published "Standard Essential Patents: Examining and Learning from the European Approach" (EPO approach).

It's often understated or not stated at all that illegal EPO practices are copied by USPTO and vice versa. They cannot be tackled in isolation. We need international action and coordination among public interest groups. There's also "Patent Eligibility Under Section 101: Has the United States ‘TRIPPED’ Up?" by Paul Cole. These patent maximalists pretend that the sky is falling because invalid, bogus, bunk patents are nowadays being rejected by judges. The EPO went as far as trying to swap all the judges with its own (UPC), but that coup failed miserably.

Recent Techrights' Posts

This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 07/02/2025: Amazon’s Stock Collapses and US Government Being Dismantled (Still)
Links for the day
 
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
On Wars Against Founders
We need to insist that founders remain
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025