Bonum Certa Men Certa

EU Parliament Needs to Clarify Once Again That Software Patents Granted by the EPO Are Illegal and Void

Earlier this week: EPO Under Fire From EU Parliament, But Patent Trolls Already Storm Europe, Emboldened by Low Quality of European Patents

Computer Programs Directive
Reference: Computer Programs Directive (programmers only want and need copyrights)



Summary: Law firms in Europe and outside Europe (or foreign firms with branches in the EU) are pursuing office policy that defies European law; moreover, these firms encourage applicants to pursue illegal patents (with office complicity), knowing that few of these will ever be tested in courts (patent trolls capitalise on this extrajudicial nature and large companies cross-license to cement monopoly/oligopoly); European officials must speak out and end this abuse once and for all like they did about a week ago to tackle a related abuse

WITH Benoît Battistelli and António Campinos as Presidents of the European Patent Office (EPO) -- in effect two nontechnical people -- it's hardly surprising that the Office pushes for patents on life/nature and software patents in Europe. These people have no idea and no clue what it's like to actually create something. The Director of the U.S. Patent and Trademark Office (USPTO), by contrast, does have some distant background in science (his opposition to 35 U.S.C. €§ 101 notwithstanding), but he hasn't worked in the sciences for decades.



"Kilburn & Strode LLP promotes illegal, invalid, incompatible-with-EPC and clearly abstract patents that EPO management tolerates and lets be in defiance of the law."A month ago Life Sciences Intellectual Property Review wrote about a patent dispute over patents on life itself (GMO) and promoted through Lexology some hours ago was this self-promotional 'article' (ad) from Kilburn & Strode LLP's Benni Pfundner. Kilburn & Strode LLP promotes illegal, invalid, incompatible-with-EPC and clearly abstract patents that EPO management tolerates and lets be in defiance of the law. In his own words (advice for getting such fake patents):

In Europe the allowance rates at the EPO for business methods are consistently the lowest of all fields of technology, but the reasons for both success and failure are arguably much clearer than in the U.S. For many years, the EPO’s approach to assessing business methods and software inventions has been standardised and consistent. Where we see failure at the EPO is when applications are drafted without knowledge of the EPO approach. The good [sic] news is that it's possible to ensure that your applications have the best possible chance of succeeding in Europe by following a few simple rules. In addition, we have seen that applying these rules when drafting can also have a positive impact in other jurisdictions such as the U.S.

With that in mind, here are four key things to consider when drafting business method, software or other applications relating to subject matter on the borderline of patent eligibility. As will become apparent, the four steps are linked, and so provide a handy step-by-step structure to guide your thought process as you draft a new patent specification.

[...]

Some quick-fire tips:

- If in doubt, get advice from your trusted European advisor at an early stage. A brief review at the initial drafting stage before priority filing can pay dividends further down the line.

- It might not always be possible to “fix” applications for Europe at a later stage due to the strict approach taken by the EPO in relation to added subject matter.

- The European standard for examining inventive step is generally regarded as one of the strictest. This means that if your application is set up to succeed in Europe, it should be best placed to succeed elsewhere as well!


This is so typical. The law firms actively undermine or -- at best -- 'work around' the law. The same thing is happening in the US. The patent zealots just attack courts and judges now. Gene Quinn of Watchtroll attacked the Federal Circuit as recently as last night. They unravel like Donald Trump. It's easy to just "criticize Federal Circuit" instead of just making arguments of substance. This is a loser's strategy.

Recent Techrights' Posts

Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024
EPO: We Give Recognition to Frauds
Good to see some frank recognition right there in the EPO's own Web site
Even Though We Don't Focus on statCounter for Now (Not Our Top Priority) GNU/Linux Reaches New Highs This Month:
We caught GNU/Linux at 4.86% before, but only temporarily
Links 06/10/2024: Ham Radio for Recovery, Health Problems Worldwide
Links for the day
Gemini Links 06/10/2024: Special Interest Galore and Religion
Links for the day
Keeping Control Out of Dictators' Hands
When people are just "numbers"...
Links 06/10/2024: Misinformation Growing on the Web, "Hey Hi" Hype Waning for Lack of RoI
Links for the day
[Meme] Years Have Passed and EPO Management Still Isn't Obeying a Ruling From a Court Regarding Communications Between Staff
Representatives talking to their staff is "privacy violation"?
Presentations of the Staff Union of the European Patent Office in Its Headquarters Tomorrow After Work
Annual General Meeting and reports
Gemini Links 06/10/2024: SSH Keys and Hobby Game Development
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 05, 2024
IRC logs for Saturday, October 05, 2024
[Meme] How to Keep Granting Hundreds of Thousands of Fake Patents (Without Upsetting Anybody in Politics and Media)
This is very Kremlin-like
EPO Examiners to Adopt Resolution Condemning EPO Management for Breaking the Law in Order to Grant Many Illegal Software Patents
Europe's second-largest institution (EPO) is a law-breaking institution hiding behind the veil of "law"
[Meme] Sup, Nazi?
"Come back, one year"
Calling "Nazi" and "Right Wing" Everyone Who Does Not Agree With You (Even Leftists Whose Views on Some Issues Slightly Differ From Yours)
Oil money has become exceptionally notorious for takeover of online platforms and institutions/NGOs (using them to incite society inwards, not upwards)
EFF Losing the Plot
Like the Linux Foundation and OSI, the EFF has succumbed to corporate influence and is derailing itself (along with its original mission)
Links 05/10/2024: Patents Being Squashed, EFF Insists on Children's Access to Porn
Links for the day
Gemini Links 05/10/2024: Multitudinous Agreeable Futures and Misfin Mail
Links for the day
EFF Celebrates Microsoft Windows and Microsoft Office as "Digital Inclusion", Mocks GNU/Linux-Based ChromeOS
Yet another example/evidence that EFF has become a rotten pile of junk
Links 05/10/2024: Amazon Culling 14,000 Managers, About 160 People Resign From Automattic
Links for the day
Microsoft Moles in Nerdearla, Openwashing and Whitewashing Microsoft With Its Latest Ponzi Scheme and Storytelling
Also GPL violations en masse
The Danger of Outsourcing Your Platform to Social Control Media and Getting "Information" There
Stella is probably not aware of what she has just done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 04, 2024
IRC logs for Friday, October 04, 2024
Links 05/10/2024: Shift to ARM, Microsoft XBox Crisis
Links for the day