12.14.19

Gemini version available ♊︎

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

Posted in Deception, Europe, Patents at 9:24 am by Dr. Roy Schestowitz

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.

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. Gemini Gone Mainstream: German Media Now in Geminispace

    With the likes of TAZ embracing Geminispace/Gemini Protocol we seem to have reached some sort of inflection point; taz.de did in fact add official presence to Geminispace



  2. Links 28/1/2022: LSFMM 2022 and 2021 UI Study Results From Elementary's Distro

    Links for the day



  3. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  4. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  5. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  6. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  7. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  8. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  9. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  10. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  11. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  12. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  13. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  14. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  15. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  16. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  17. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  18. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  19. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  20. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  21. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  22. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  23. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  24. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  25. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  26. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  27. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  28. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  29. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  30. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."


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