Bonum Certa Men Certa

European Patent Office Continues March for Software Patents

EU flag



Summary: The Community patent, which the EPO almost endorses now, is a back door to software patents

THE EPO has been making suspicious moves recently [1, 2]. It is almost opening its doors to software patents without the necessary consultation.

Watch this strategy document [PDF] which states: "The IPR system also needs to be improved by the creation of a Community patent for innovative ICT companies to protect their inventions in the single market (14)." Benjamin from Digital Majority found it and he also spotted this from the EPO's Web site:

The EPO also welcomes the emphasis the report places on the need for the creation of a Community patent, and a centralised, specialised European patent judiciary.


This is cause for pause concern. The StopSoftwarePatents Web site has issued this warning which heralds: "Commission says the Community Patent is all about Software Patents."

The European Commission has issued a communication asking for the creation of the Community Patent in order for "ICT companies to protect their inventions in the single market". Large companies were rejecting the software patent directive, aiming to validate software patents via the Community Patent and skip the debate about patentable subject matter.


This comes after heavy lobbying from Microsoft-hired lobbyists and 'innovation' parties that are quite openly about lobbying politicians. This is a serious problem that TechDirt wrote about a couple of days ago. It stated:

Since When Did We Give Lobbyists From The Tech, Entertainment And Pharma Industries Security Clearance?



With the new administration sticking by the old one in declaring negotiations over the ACTA treaty somehow a matter of national security as a way of avoiding revealing any info about the proposed treaty or its ongoing negotiations, the folks over at KEI have pointed out the long list of corporate lobbyists who have been involved in the negotiations, including those from the RIAA, MPAA, ESA and a long list of tech, telco and pharma companies.


The EPO is already attempting to cover its back. As IDG points out, the latest tune from the EPO is that the number of granted patents declined last year and therefore -- hopes the EPO -- people might believe that quality of patents has improved.

The European Patent Office rejected more patent applications than it passed for the first time last year, in an effort to raise the quality bar in the European Union.

The number of applicants was larger than in 2007, the EPO said in a statement.


This number means absolutely nothing if abstract ideas pertaining to software become patentable. They rely on the wrong yardstick amid tough economic times in order to defend their practices. Patenting is just not a priority for many companies right now; litigation, on the other hand, might be.

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman

Comments

Recent Techrights' Posts

SLAPP as an Own Goal
We have better things to with our limited time
GNU/Linux at New Highs (Again) in Taiwan
latest numbers
Dr. John Campbell on Gates Foundation
Published two days ago
How Much IBM Really Cares About Software Freedom (Exactly One Year Ago IBM Turned RHEL Into Proprietary Software)
RHEL became proprietary software
Workers of the European Patent Office Take the Office to Court Over Pension
pensions still precarious
 
[Meme/Photography] Photos From the Tux Machines Parties
took nearly a fortnight
Uzbekistan: GNU/Linux Ascent
Uzbekistan is almost the same size as France
Independence From Monopolies
"They were ethnically GAFAM anyway..."
Links 22/06/2024: More Layoffs and Health Scares
Links for the day
Rwanda: Windows Falls Below 30%
For the first time since 2020 Windows is measured below 30%
[Meme] IBM Lost the Case Over "Dinobabies" (and People Died)
IBM agreed to pay to keep the details (and embarrassing evidence) secret; people never forgot what IBM called its staff that wasn't young, this keeps coming up in forums
Exactly One Year Ago RHEL Became Proprietary Operating System
Oh, you want the source code of RHEL? You need to pay me money and promise not to share with anyone
Melinda Gates Did Not Trust Bill Gates, So Why Should You?
She left him because of his ties to child sex trafficker Jeffrey Epstein
Fedora Week of Diversity 2024 Was Powered by Proprietary Software
If instead of opening up to women and minorities we might open up to proprietary software, i.e. become less open
18 Countries in Europe Where Windows Fell Below 30% "Market Share"
Many people still use laptops with Windows, but they're outnumbered by mobile users on Android
[Meme] EPO Pensions in the UK
pensioners: looks like another EPO 'reform'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 21, 2024
IRC logs for Friday, June 21, 2024
During Fedora Week of Diversity (FWD) 2024 IBM and Its Subsidiaries Dragged to Court Over Discrimination at the Corporate Level
IBM is a deplorable, racist company
Gemini Links 22/06/2024: FreeBSD vs XFCE and Gemini Bookmarks Syncing Solution
Links for the day
Links 21/06/2024: Matrimony Perils and US-Sponsored COVID-19 Misinformation
Links for the day
"A coming cybersecurity schism" by Dr. Andy Farnell
new from Dr. Andy Farnell
Links 21/06/2024: Overpopulation, Censorship, and Conflicts
Links for the day
IBM and Subsidiaries Sued for Ageism (Not Just for Racism)
This is already being discussed
UEFI is Against Computer Security, Its True Goal is to Curtail Adoption of GNU/Linux and BSDs on Existing or New PCs
the world is moving away from Windows
[Meme] Chat Control (EU) is All About Social Control
It won't even protect children
The Persistent Nature of Freedom Isn't About Easy Routes
Resistance to oppression takes effort and sometimes money
EFF Not Only Lobbies for TikTok (CPC) But for All Social Control Media, Irrespective of Known Harms as Explained by the US Government
The EFF's own "free speech" people reject free speech
Microsoft's Search (Bing) Fell From 3.3% to 1% in Turkey Just Since the LLM Hype Began
Bing fell sharply in many other countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 20, 2024
IRC logs for Thursday, June 20, 2024
The Real FSF Lost Well Over a Million Dollars Since the Defamation Attacks on Its Founder
2020-2023 income: -$659,756, -$349,927, -$227,857, and -$686,366, respectively
The Fake FSF ('FSF Europe') Connected to Novell Via SUSE, Not Just Via Microsoft (Repeated 'Donations')
'FSF Europe' is an imposter organisation
Just Less Than 3 Hours After Article on Debian Suicide Cluster Debian's Donald Norwood Recycles a Fortnight-Old 'Hit Piece'
The fall of Debian is its attack on its very own volunteers
IPFS censorship, Edward Brocklesby & Debian hacker expulsion
Reprinted with permission from disguised.work
Links 20/06/2024: Dumbphone Experience and Bad Encryption
Links for the day
Official Project Gemini news feed — Five years of Gemini!
the official statement
Ultimate Judgment: the Debian Suicide Cluster
Reprinted with permission from Daniel Pocock
Links 20/06/2024: Bruce Schneier Adds Moderation Policy, FUCKSHITUP Can't Be Trademarked in the US
Links for the day
Mass Layoffs Happening in IBM Subsidiaries, Almost No Media Exists Anymore (to Cover That)
They can drive people out with R.T.O. of lay off in small batches to prevent any media scrutiny
Linux Months-Old News (LWN Uncorrected)
They could at least update the original
Links 20/06/2024: Trying to Maintain Health and the Implosion of LLM Bubble/Hype
Links for the day
Microsoft's Bing Share in Canada Has Only Decreased Since the LLM Hype ("Bing Chat")
According to statCounter
Gemini Links 20/06/2024: Golden Ticket and Looking for Web 1.0 Communities
Links for the day
Not Even TRYING to Compete With Microsoft
CMA (UK) ought to step in and investigate why Canonical (UK) refuses to even compete
Poul-Henning Kamp: Why Freedom in 'FOSS' Matters
Openwashing is more widely recognised as a growing problem
[Meme] EU Chat Control: The Problem is Too Much Privacy???
So what's with GDPR then? The EU is contradicting itself!
Lithuania: GNU/Linux Usage Climbs to Highest Level in Years
consistent abandonment of Microsoft
"Remarkably Little Had Changed."
Black or African American not even mentioned
This Week Fedora Celebrates Diversity, But It is Pushing Proprietary Software and Censorship
IBM openwashing, perception management, and reputation laundering gone awry?
Rumours That Nat Friedman (CEO) Was 'Fired' by GitHub/Microsoft
"Microsoft Refused to Fix Flaw Years Before SolarWinds Hack"
linuxsecurity.com: A Step in a Positive Direction
We hope that Guardian Digital and linuxsecurity.com will rectify the matter and persist with real articles
Links 20/06/2024: Somali Piracy Surges, Juneteenth Discussed
Links for the day
Gemini Links 20/06/2024: Gemini is 5 Today (Still No Gemlog Entry From its Founder)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 19, 2024
IRC logs for Wednesday, June 19, 2024