02.15.16

Gemini version available ♊︎

With Software Patents, “the [Low] Level of the USPTO Has Now Be[en] Reached by the EPO”

Posted in America, Europe, Patents at 7:20 am by Dr. Roy Schestowitz

Patents on maths, such as computer vision (my research discipline), are increasingly becoming possible under the Battistelli regime

Blatterstelli and EPO, USPTO
When one’s goal is just maximising the number of patents the role model would be SIPO (China) or USPTO, where the yardstick/accomplishment is granting a patent on any bundle of paper that comes in, securing a monopoly on virtually everything under the Sun (as long as it says “technical”, “inventive”, “on a computer”, and/or “over the Internet”)

Summary: Software patents and other patents of little or no technical merit that can be physically demonstrated are now being granted by the European Patent Office, despite the demise of software patents in the United States

HERE IN Techrights we mostly focus on software patents (primary focus of the site), but there are many other problems associated with the EPO, including the use of patents against so-called ‘generic’ medicine and cancer treatments (there are various issues associated with that). IP Kat covers a story that was mentioned here the other day, stating that “European Patent No 1 313 508 protects the use of pemetrexed disodium in combination with vitamin B12 or a pharmaceutical derivative thereof and optionally a folic protein binding agent. The patent expires on 15 June 2021.”

“Putting aside the abuses against human rights, there are technical issues as well.”Whether one talks about the European Patent Office or epogen/Epoetin alfa, EPO is now synonymous with cheating, breaking of rules. Putting aside the abuses against human rights, there are technical issues as well. For instance, somebody posted an amusing ode titled “BB’s Declaration on Truth and Self-Imposed Stupidity…”

This is about the reality distortion field, which we recently covered here, both before and after the event in Rijswijk. Another person correctly insinuated that “the level of the USPTO has now been [corrected] reached by the EPO” with patents on a digital purring cat — a software patent idiotic/trivial enough that the USPTO would most likely approve given its low standards and greed which motivates such low standards, sending out the message that nearly all applications will be successful, leading to a filings deluge, also at courts’ dockets. “Sure that the problem-solution-approach exists when assessing inventive step,” wrote the person. “I however still fail to see what can be inventive in claiming the purring of a virtual cat when a cursor is moved back and forth on the virtual cat. The claim does certainly not read on an actual cat. If this would be the case, novelty would not even be given. [...] it means sadly that the level of the USPTO has now be reached by the EPO….. Where has common sense disappeared to?” This is the patent in question, from Immersion Corporation, which has an extensive cluster of other cross-referencing software patents at the EPO, mostly relating to user interfaces and vibration for feedback. Just because the software triggers a “vibrate” action doesn’t mean the software is somehow physical. It’s still a software patent. Based on the company’s own site, it’s about software and it’s about licensing, not necessarily making things. There’s an “IP Licensing” section under “Products”. To quote their plenary description from the front page: “Immersion licenses touch feedback technology.”

“We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust.”This kind of patent maximalism, meaning the expansion of patents or the objective of maximising the number of patents by lowering quality (of examination or patents approved), is something that we’ve warned about many times here before. It’s why we wrote about the EPO almost a decade ago, primarily in relation to software patents. It was Brimelow who permitted the “as such” loophole to sneak in, but it was Battistelli who took this further with accelerated examination (meaning lax or lenient) for Microsoft, which mostly patents software and exploits Brimelow’s loophole to make it seem like something which it’s not.

We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust. The boosters of software patents — people who themselves never wrote computer programs or understand how a computer works — try to pressure policymakers, judges, examiners etc. to abolish the Alice case as a factor, despite the SCOTUS overwhelmingly (unanimously) ruling against abstract software patents. Here is the latest example of that, published just yesterday. By his own admission, the author “is a patent attorney licensed to practice law in California and Arizona.” Looking only at the side of patent aggressors and their lawyers (not their victims, who are far greater in number), he writes that “examining corps’ over-use of Section 101 rejections can be reined in via a more disciplined and structured set of instructions.”

“How is reduction in rejections a good thing? What is the point of patent examination is there’s no difficulty and frequent rejections?”Why is it overuse? Because he doesn’t like it when Alice is brought up? It’s a Supreme Court’s strong, high-level decision. Why bypass it?

“Examiners would like it,” he said, insinuating that somehow granting a lot more patents on software is something that examiners would prefer (in the past at least they received financial incentive to actually grant if in doubt rather than decline). He also said that “applicants would find examination outcome more predictable and know how to respond to rejections better; and reduced rejections represents good patent policy and will benefit the U.S. economy.”

This is complete nonsense. How is reduction in rejections a good thing? What is the point of patent examination is there’s no difficulty and frequent rejections? It’s like those scandals in the UK where examination authorities in the scholarly world are found have have made exams easier so that young people get higher grades and they can deduce from it that children are somehow (magically) getting a lot smarter.

“Don’t take advice from patent lawyers on issues such as these.”Patent lawyers are understandably concerned because many of their old clients probably feel reluctant to patent software any longer. That’s a good thing for society as a whole. Don’t take advice from patent lawyers on issues such as these. They’re biased, and not for idealogical reasons but for their own pockets.

“The status of the lobby against software patents is so bad that I have to say #ilovefs,” Benjamin Henrion wrote on Sunday night. He is right as the camp that fought against software patents used to be a lot more active a decade ago or even a few years ago. The public debate has been mostly warped (with help from the corporate media, which is owned by large corporations that love software patents but hate trolls that sue them), to the point where a lot of the public now thinks in terms like “patent trolls”, not patent scope or a patent’s domain.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

2 Comments

  1. katkatkat said,

    February 15, 2016 at 3:05 pm

    Gravatar

    See this interesting contribution:
    http://www.agoravox.fr/tribune-libre/article/de-quoi-le-conflit-social-a-l-175546

    Dr. Roy Schestowitz Reply:

    Yes, I had exchanged many E-mails about it for months and a partial translation is already available. It’s not yet ready for publication.

DecorWhat Else is New


  1. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  2. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  3. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  4. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  5. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  6. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  7. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  8. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  9. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  10. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  11. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  12. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  13. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  14. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  15. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  16. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  17. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  18. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  19. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  20. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  21. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  22. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  23. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  24. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  25. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  26. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  27. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  28. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  29. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  30. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts