10.15.18

Gemini version available ♊︎

Corporate Media’s Failure to Cover Patents Properly and Our New Hosting Woes

Posted in Europe, Patents, Site News at 3:19 am by Dr. Roy Schestowitz

We can’t let these people get their way with patent maximalism and UPC

The three Frenchmen

Summary: A status update about EPO affairs and our Web host’s plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills

OUR USPTO coverage reached an unexpected halt last night at around 6PM. Our host is shutting down soon. He’s an old friend of mine who hosted the site as a favour for nearly a decade. Speaking to alternative hosts, it seems likely that our hosting costs would at least quadruple. It’s a painful experience. I barely slept; it’s hard to fall asleep. Certain readers, some of whom connected in one way or another to the EPO, expressed concern about the downtime (almost half a day). The problem is far broader than a downtime, caused by a routing issue among other things.

“This is scary and dangerous to the prospects of science and technology in Europe. It’s like patents take priority over facts. It should never be like this.”Techright is turning 12 in a few weeks. I’ve dedicated most of my adult life to this site. I’m not asking for sympathy, I just want to reaffirm and reassure to readers that the site has always been financially independent. That’s never going to change.

I can envision some readers asking questions like, what about “the cloud”? As if sending one’s blog to some private company can assure independence… there’s plenty of evidence to the contrary. There are many ways in which a centralised blogging platform censors those who participate, with a broadening brush by which they sweep away particular voices.

“The possibility of a deferred examination could therefore further improve the attractiveness of the French patent.”
      –Grégoire Desrousseaux and Thierry Lautier
Florian Müller‘s latest two articles, The new smartphone patents battlemap (infographic featuring Apple, Huawei, Intel, Qualcomm, Samsung) and Patent exhaustion keeps Qualcomm on the run from Apple’s claims and motions,” are as usual hosted by Google. Just before the weekend he wrote about a notorious European Patent of Qualcomm. He’s very supportive of our work covering the EPO (we’ve published nearly 3,000 articles about the EPO alone).

“Your server does not respond.”
      –Anonymous
Like we’ve said here several times since September, publishers are struggling, even the patent maximalists’. IAM, for example, went sort of ‘dark’, i.e. everything behind paywall, except pure commercials and intentional propaganda. As an example of the latter, see what turned up in Google News yesterday. IAM wrote this:

‘No deal’ Brexit may mean no UPC, says UK government – The United Kingdom government released a notice on the likely implications for patents in the event of a ‘no deal’ Brexit. Relevant EU legislation, such as that relating to Supplementary Protection Certificates for drugs, compulsory licences and the patenting of biotechnology innovations, will be retained in UK law under the EU Withdrawal Act 2018 in such a scenario, it reassures rights holders. Such legislation will form the basis of an independent UK patent regime in which existing rights and licences will automatically remain in force. No such certainty is provided regarding the prospective Unified Patent Court (UPC), however. If the pan-European court is fully ratified, but the UK leaves the EU without a deal, the country would not necessarily be part of the UPC or the unitary patent system, the government admitted. However, any unitary patents that exist at the point of the UK’s departure will automatically give rise to patent protection within the UK.

This repeated the two famous lies. Also published yesterday was this short blog post from Kluwer Patent Blog (they barely publish in long form anymore). It’s akin to the “shoot with patents first, ask questions later” attitude of UPC. Adrian Crespo wrote that (in Spain at least) “a defendant wishing to object to an injunction for invalidity reasons must put forth “very clear and evident indicia” of invalidity. For that reason, the Court of Appeal focused on a relatively straightforward objection on grounds of added matter.”

This is scary and dangerous to the prospects of science and technology in Europe. It’s like patents take priority over facts. It should never be like this.

Meanwhile, over at Mondaq, a French law firm that habitually promotes itself over there speaks of the EPO and INPI. Grégoire Desrousseaux and Thierry Lautier (August & Debouzy) compare one terrible patent office to another:

Incidentally, this would also allow the INPI to “smooth” the number of examination requests it will receive in the medium term, which would facilitate the implementation of the strengthened substantive examination and the opposition procedure, while maintaining sufficiently short deadlines (which is a decisive parameter for the attractiveness of the French system).

The possibility of a deferred examination could therefore further improve the attractiveness of the French patent.

It is widely known that INPI doesn’t really assess quality of patent applications; they’re presumed valid. Imagine what the UPC would look like if the French-led UPC ever went ahead, possibly with Battistelli as its chief. France has been reserved a leadership position, the EPO promotes this, its current President is French and in two decades it’s like France clings onto power at the EPO for 16 years.

We are open to ideas as to how sponsor the hosting costs for the server; I don’t wish to be paid for my writings about the EPO (by anyone), but the costs of underlying infrastructure may need coverage. I spend over 80 hours per week on the sites (not including my daytime job). Things aren’t sustainable and we need to keep watching the affairs of the EPO and patent scope in general. There’s too much at stake.

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.

DecorWhat Else is New


  1. Links 27/10/2021: Murena for /e/ and Red Hat Condemned for Its Nationalism/Racism

    Links for the day



  2. [Meme] EPO Presidential Surveys

    The 'social democracy' of Benoît Battistelli and António Campinos as demonstrated by a controlled survey (controlled by the subject of the survey, EPO governance)



  3. 'Shaping the New Normal' Survey at the EPO Got 5,554 EPO Staff to Participate, But It Was Controlled by Liars With an Agenda

    Last year’s EPO ‘study’ (hogwash about “quality” and other unscientific junk) was likely biased by virtue of autocrats controlling it and exploiting it for nefarious agenda and brainwashing of national delegates. The Staff Union of the EPO (SUEPO) has a new survey in the making.



  4. Many of the National Delegations (or Delegates) in the EPO's Administrative Council Have No Understanding of What They Vote on

    One must consider the possibility that ignorance or gullibility (which lack of qualifications may entail) possibly became a contributing factor — malice and bribery aside — in systemic failure of the EPO’s governance



  5. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?

    We take stock of "captured states" that voted in favour of unlawful "Strike Regulations"



  6. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  7. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  8. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  9. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  10. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  11. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  12. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  13. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  14. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  15. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  16. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  17. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  18. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  19. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  20. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  21. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  22. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  23. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  24. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  25. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  26. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  27. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  28. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  29. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  30. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day


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