Bonum Certa Men Certa

The USPTO, With All Its Serious Issues, Increasingly Looks Like the EPO's Role Model

EPO is trying to fit into the severely flawed US patent system and even hires a PR firm from Washington

EPO and USPTO



Summary: The EPO's obsession with following the footsteps of the USPTO (low patent quality, patent trolls aplenty, corporate sovereignty etc.) brings into question the whole direction of the EPO's management, which now even hires a firm from Washington (FTI Consulting) for reputational risk and disaster/crisis management in Europe

THE EPO is becoming more like the USPTO. It's not hypothetical or mere projection. It's rapidly becoming a reality and that's no compliment because the latter is renowned (or notorious) for low patent quality.



Watch Apple v. Samsung resulting in a massive payout (it's all over the media). See the low quality of the patents involved. Battistelli may try to deny this, but the EPO too had granted some of these patents (analogous to US patents), which were invalidated only after Apple took them to the European courts. It caused a huge amount in losses to practicing technology companies like Samsung; only the patent lawyers gained from it.

"Battistelli may try to deny this, but the EPO too had granted some of these patents (analogous to US patents), which were invalidated only after Apple took them to the European courts."Software patents and their triviality (or shallowness) are demonstrated in an article by Timothy Geigner at TechDirt, published in reference to the EFF's statement that "The Loading Screen Game Patent Finally Expires". The EFF explains the background to it (we covered this patent here several years ago): "In 1998, the U.S. Patent and Trademark Office issued Patent 5,718,632, on a method for avoiding “unnecessary wastage of time” in video games. What’s transpired in the 17 years since then can best be described as an unnecessary wastage of time.

"Namco’s patent covers “auxiliary games” that a player can enjoy while the main game is loading. The patent expired on November 27, which has generated a lot of excitement in the gaming world, and even inspired a Loading Screen Jam where developers create their own loading screen games."

According to a lawyers' site, there is increasing overlap between the EPO and this other system which has a vast number of software patents (maybe approaching a million such patents, depending on definition of software).

"Are USPTO and EPO going to be somewhat of the same any time soon?""In its effort to increase electronic sharing of information and documents among global IP offices," the lawyers' site says, "the USPTO currently participates in the priority document exchange (PDX) program and a program through which USPTO search results for a particular U.S. application are shared with the European Patent Office (EPO) (76 Fed. Reg. 82,279 (Dec. 30, 2011))."

This is the kind of globalisation of patent systems (covered here extensively several years ago [1, 2, 3]) which mostly serves to expand the scope of patents, the scope of injunctions, etc. Are USPTO and EPO going to be somewhat of the same any time soon? In the name of "harmonisation" or "community", as was previously done in Europe (in relation to what's now called -- after repeated renames -- Unitary Patent)?

What comes after the Unitary Patent? More cross-Atlantic treaties? Remember who benefits from it: the big clients of EPO managers. They've always been fighting for it.

"It requires more courage to suffer than to die."

--Napoleon Bonaparte

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025