Bonum Certa Men Certa

EPO is Trying to 'Force-Feed' Europe Some Fake Patents by Hijacking Courts



EPO parking lot
Source: Yesterday's tweet



Summary: Having granted a lot of dubious European Patents (to maintain constant growth despite a decreasing number of applications) the EPO seeks to subvert the court system; so far only the constitutions and the laws are being subverted -- to the point where these ambitions are collapsing in Europe's highest courts

THE U.S. Patent and Trademark Office (USPTO) is nowadays seeing a lot of its patents rejected by American courts at all levels, citing a bunch of sections that greatly limit the scope of patents.



The European Patent Office (EPO) is currently at the phase the USPTO was in a decade or so ago. It's just trying to grant more and more patents each year. António Campinos has similar demands to those of Battistelli (endless growth), so it necessarily means reduction in patent quality to the point of illegally granting patents (noncompliance with EPC). This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever...

"This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever..."This is what happens when a patent office is captured by nontechnical people, including lawyers, politicians and PR agents. There's no integrity whatsoever and now they try to do the same to the court system under the guise of a so-called 'unified' patent court dealing with so-called 'unitary' patents. As Benjamin Henrion put it a couple of days ago: "Capitalize on the Unitary Patent, when "specialized" means "captured"...".

Captured by the litigation zealots who profit from fighting, embargoes, extortion and so on.

It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy.

"It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy."Notice the calm if not silence surrounding this coup attempt; it wasn't successful. It just wasn't. But only because people fight back.

Yesterday we saw this article from AA Thornton's Rachel Havard promoted by lawyers' media and notice that it does not even comment on the UPC at all because she probably knows it's dead. How could she gloss over it unless she intentionally omits it?

A few days ago we saw the article "Brexit: How Do US And Overseas Investors Take Advantage?" reposted in lawyers' media (we debunked it earlier this month). When these people speak of businesses and investors they think primarily of litigation, not science. Something like the UPC would be a boon to them and 'open up' the litigation 'market'.

"Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress.""Regardless of whether the UK leaves or remains in the EU, European patents will be unaffected," said the above article. "The European Patent Office is independent of membership of the EU."

Again, no comment at all regarding the UPC. Shades of CIPA. They address the wrong question.

Compare this to articles like this one from almost 3 years ago ("Unitary patent expected this year, despite Brexit").

How foolish do they look now? Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress. It's all negative (all the comments). The following two comments (almost latest ones) mention the EPC -- not just Brexit -- as a concrete barrier. To quote:

Good thoughts from Concerned Observer. One thing though: who (other than the judges of the BVerfG) cares?

In particular, you write optimistically that a decision of the BVerfG will force the EPC Contracting States to “sit up and take notice”. Really? I don’t believe that for one second. They couldn’t care less.

In these populist times, they all have better things to do, pandering cravenly to voters who have been whipped up by irresponsible rabble-rousers who give them the message that it’s quite OK to ignore anything that an expert has to say on their area of speciality.

The depth of the hole we are in is evidenced by the irresponsible behaviour (and dereliction of their duty to educate and inform) of venerable public TV channels (including the BBC) that depend for maintenance of their funding stream on decisions by politicians.


And the reply:

Max, a BVerfG ruling that the EPC is incompatible with the Basic Law of Germany would surely catch the attention of even the most complacent politicians and civil servants. However, despite the manifest and numerous ways in which the EPC departs from the minimum standards demanded by Germany’s Basic Law, it is not clear whether the BVerfG will be comfortable with reaching the only logical conclusion – namely that Germany must either withdraw from the EPC or ensure that the EPC is amended in a manner that addresses its fundamental flaws. We shall just have to wait and see.


We shall explain in our next post that lack of independence for judges remains a serious problem. It's a lingering barrier that Campinos has done nothing to tackle.

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024