Bonum Certa Men Certa

EPO Misuses Patent-Granting Powers to Help Litigation, Not Science

Future and present science students won't view the EPO as a friend and might not bother applying for patents

Science students



Summary: The number of patent applications is declining at the EPO; patents run down like water, 'diluting' the very concept of what a patent is and what it takes to get one (courts obviously throw out many of these patents, rendering them less desirable)

THE previous post spoke of how the European Patent Office (EPO) had lost sight of its mission. That's an understatement because "lost sight" sounds too passive, whereas in practice Battistelli and then Campinos actively demolish that mission, rendering the Office nothing but a money-making machine by breaking the law and misusing the authority given to the Office (granting monopolies).



A couple of days ago UKIPO was seen linking to the EPO's site, then (soon) to be retweeted by EPO itself. It said: "Come and join us and the @EPOorg at the @TheCIPA in #London on 27 or 28 Nov. We will be providing an update on our latest and upcoming online service developments. Sign up now via the registration form here: https://www.epo.org/learning-events/events/search/details.html?eventid=13812 … pic.twitter.com/vhFyw22UJY"

"The EPO now travels to another country with few European Patents for some photo ops..."Completely and totally inappropriate. CIPA is a front group of patent litigation, software patents and UPC etc. and if a patents-granting authority is in bed with it -- like the British patent office (UKIPO) might be too -- whose system is it? Who does it exist to serve?

The EPO now travels to another country with few European Patents for some photo ops ("EPO signs reinforced partnership agreement with Indonesia" (warning: epo.org link) was published before the weekend). Indonesia isn't of strategic interest to the EPO; same for Malaysia (recently). They export loads of palm oil to Europe (less so in recent years, perhaps owing to boycotts), but their patents are a drop in the ocean to the EPO. So why this?

EPO President António Campinos and the head of the Directorate General of Intellectual Property (DGIP) of Indonesia, Freddy Harris, signed a Memorandum of Understanding (MoU) on Reinforced Partnership between their two offices at the EPO in Munich yesterday. The agreement is a result of a longstanding and fruitful co-operation between the EPO and Indonesia going back to the 1990s, and builds on previous MoUs on technical co-operation, the last one having been implemented from 2014 to 2018.


That's Battistelli. The EPO soon retweeted some EUIPO nonsense about their so-called 'study' (we wrote many responses to this) and added: "Negotiation is the preferred way to solve potential infringement issues; litigation is regarded as a last resort."

"Does the EPO have real SMEs in mind or just trolls and law firms?"They had the audacity to add #IPforSMEs to it. By granting loads and loads of fake patents, however, the EPO allows offending parties to leverage false claims, resulting in frivolous litigation and the EPO's management is aware of it.

Does the EPO have real SMEs in mind or just trolls and law firms? Maybe the EPO and EUIPO can bribe a few more scholars to issue some lies ("studies") about SMEs -- lies by which to googlebomb the term and wash away the truthful information. As Benjamin Henrion put it: "Tuning the court system for SMEs is useless, as we don't have the finances nor the time to defend ourselves" (with appeals too the prices can reach millions of euros).

"The EPO violates the EPC every day. So why even pretend that it cares about it?"The EPO tweeted: "Ever thought of waiving a further communication under Rule 71(3) EPC? Find out when you might want to..."

The EPO violates the EPC every day. So why even pretend that it cares about it? EPO management views the EPC as nothing but an obstacle, an obstruction to be worked around by cheating.

Rose Hughes (AstraZeneca) has meanwhile remarked on T 1299/15 -- a case that we mentioned here before. It concerned burden of proof and Hughes uses the typical, bogus narrative in which bogus patents being questioned is an "attack" (but not the party suing or blackmailing another). To quote:

The legal reasoning in this decision is similar to that of T 63/06, in which the opponent was able to shift the burden of proof with regards to the sufficiency to the patentee. In T 63/06 the Board found that the patentee was relying on only a weak presumption that the invention was sufficiently disclosed. The opponent was successfully able to shift the burden of proof by arguing that the skilled person would have difficult in putting the invention into practice.

The recent case T 1299/15 is similarly a reminder that insufficiency attacks may be applicable even to the mechanical field. As is often the case with insufficiency disputes, the issue of how much work would need to be done by the skilled person (and whether inventive endeavour would be required) was a key issue. Following on from this, if the patentee has not provided an embodiment of the claimed invention, the burden of proof is shifted to the patentee if there is serious doubt that a skilled person could perform the invention without inventive skill.


Hughes could point out, as IP Kat did before it got corrupted (several notable changes), that EPO Boards of Appeal still lack independence as EPO violates the EPC, rendering these decisions constitutionally invalid or at best questionable. Not the judges' fault by the way; they're besieged by corrupt Office management.

"Not the judges' fault by the way; they're besieged by corrupt Office management."Last but not least, will these boards soon approve yet another type of software patents? The President of the Office already pressures the judges in that direction and he also referred to them the ridiculous question as to whether the EPO can grant fake patents on life and nature in defiance of the law. This is about corporations stealing from nature, claiming a monopoly over our bodies. How far will patent scope bend for the EPO to fake 'production' (essentially by granting invalid patents)? This new press release says that "Cellectis Wins Patent Challenge in Europe for a Method Using CRISPR-Cas9 for Gene Editing in T-Cells" and the EPO's mouthpiece IAM (its main mouthpiece for patents on life, Adam Houldsworth) has published "Shorter EPO opposition process requires new approaches from life sciences patentees" -- the latest in a string of such 'reports' from patent maximalists. This is the patent trolls' lobby celebrating fake patents on life (it's almost certain courts would throw these out), granted only because patent examiners and those responsible for oppositions aren't given enough time to (re)evaluate. They also lack freedom; all they have is "quotas" or "targets".

Recent Techrights' Posts

Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
 
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock