Bonum Certa Men Certa

Only the EPO Goes as Far as Bribing Publishers (the Media) to Promote Software Patents and Publish Fictional Stories



If all you get is negative coverage for abuse of people and of money use the money to bribe the media while abusing both people and money



Summary: The world's patent offices are growing tired of granting software patents which courts later toss out (because these patents are not valid); not only does the EPO advocate such patents -- typically using a bundle of buzzwords -- it's also bribing the media to help

ALMOST everything we see and read about the USPTO is good news. 35 U.S.C. ۤ 101 prevailed another year (no matter what they told us about Coons for the third year in a row) and case outcomes that we mention/add to Daily Links almost always reveal the invalidation of software patents in the US courts (the same happens to software patents in Europe, but only if one can afford the legal challenge).



The European Patent Office (EPO) under Campinos and Battistelli not only permits such patents; it actively advocates for these! Who's to stop them? They're above the law!

The other day we stumbled upon this new comment which says BoA "T 0426/08 is another decision in which the OD [opposition division] confused admissibility and being well-founded."

We've long argued that the opposition division faces a growing burden or load; it cannot afford as much time as before, so it cannot properly survey prior art. Guess in whose favour that works! To quote the whole comment:

One should not forget that if an opposition division decides not to admit an opposition, it does not have to discuss any substantive matter like added matter, insufficiency, novelty or inventive step.

In the present case the OD jumped at the gun, and it has to be agreed that the actual discussion on the value of the proof given is a matter of substance or whether the opposition is well founded and not merely of admissibility.

That the drawings bore a stamp confidential is not surprising, but what matters is that the corresponding element was made available to the public. One can expect that after two years of service the whole system was made available to the public, and that confidentiality was not any longer present, even if it had been implicit, which remains a mere allegation of the proprietor and of the division.

It is thus correct to say that should Bombardier wanted to claim confidentiality, then it bears the burden of proof. Bombardier did not deny the public prior use, as this would not have been plausible.

The decision is however to be welcomed as it clarifies important issues with respect to the onus of proof.

I do not consider that Art 12(4) NRPBA would change anything in the present situation. Siemens could not bring anything more than it had brought up to then, so that even present Art 12(4) RPBA would not apply.

T 0426/08 is another decision in which the OD confused admissibility and being well-founded.


Maybe one day -- perhaps looking back -- people will realise that the opposition division is subjected to many of the same pressures judges in Haar are subjected to. Campinos actively meddles in their cases, e.g. by pushing for them to allow software patents. Even the US isn't that bad because the directorship of the USPTO has no access to the judges (PTAB never had a judge apprehended by the Office in broad daylight!).

"It's no secret that the EPO bribes publishers to spread these sorts of buzzwords and thus promote illegal patents."Benjamin Henrion (FFII) has meanwhile asked: "Does the Canadian Patent Office grants software patents? Supporting "Open Source" and granting "Software Patents" at the same time is not really coherent."

Even proprietary software suffers from software patents. It's not a Free/libre software issue but a software development issue; software patents threaten everyone who develop software (coding). The development paradigm and licensing terms don't matter.

As for Canada, I told Henrion that it is "still the source of some of the world's biggest patent trolls who leverage patents..." (of low quality and usually no actual validity). We regret to see that the EPO has become one of the world's worst in that regard (except maybe China).

"In co-operation with the Handelsblatt Research Institute," the EPO wrote yesterday, "we conducted a study on patents and the #4IR, covering a whole range of technical fields."

"4IR" is a buzzword for illegal software patents. It's no secret that the EPO bribes publishers to spread these sorts of buzzwords and thus promote illegal patents. In this new tweet the EPO reminds us that it bribed a large German publisher that used to cover EPO corruption and after the bribery it covered up, instead. And yes, the Handelsblatt "Research Institute" is definitely connected to the publisher (same logo, too). They just sell propaganda and bias; perhaps that is their business model. It doesn't seem like everyone is aware.

A few days ago the EPO also promoted one of its several fictional stories about the lives of EPO examiners. It cited something very old -- dating back to the time the EPO literally paid for such propaganda pieces.

Recent Techrights' Posts

FOSDEM Talks Are Vanishing
They no longer seem to be taking money from Microsoft and/or its tentacles
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
 
IBM Layoffs in 2025: Rumours Say Even Managers Will Get the Axe, Some Via Loopholes Like PIP and/or RTO (Preparations Already Underway)
Where does IBM's money go?
Slashdot is Once Again Publishing Lies and Revisionism for Bill Gates, Citing Microsoft's MSN to Rewrite History and Distract From the Jeffrey Epstein Crimes
Of course this also distracts
Gemini Links 27/01/2025: Mental Locomotion, Gemini Protocol Bots From China, and Domain-Specific Languages
Links for the day
Microsoft Still Hires Journalists to Reward Them (Belated Payment) for Microsoft Propaganda
The PR/lying pipeline
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 26, 2025
IRC logs for Sunday, January 26, 2025
Links 26/01/2025: Privacy Breaches and Growing Nationalism
Links for the day
The UK's Press Gazette Has No Credibility Anymore, It Celebrates Plagiarism and Cheap Misinformation (This Ruins Linux Sites Too)
They encourage a form of plagiarism and that even ruins "Linux" sites
Journalistic Malpractice Helps Bill Gates Cover Up His Marriage Collapsing Because of His Very Deep Ties to Jeffrey Epstein (and It's Melinda Who Dumped Him, Divorce Proceedings Started by Her in 2019)
you can alter narratives and perceptions worldwide
The Linux Foundation's Certificate Authority (CA) Let's Encrypt Hits New Lows in Geminispace
13 known capsules still use it
Links 26/01/2025: Chatbot Woes and UnitedHealth Data Breach (Windows TCO)
Links for the day
Gemini Links 26/01/2025: The Postman and More
Links for the day
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025