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

Richard Matthew Stallman, or rms (RMS), Turns 72 This Coming Weekend
This coming Sunday he deserves a cake
 
Links 13/03/2025: Calculators and Spreadsheets, Returning to a Human Internet
Links for the day
Links 13/03/2025: Further Assaults on Science and Education in the US
Links for the day
Expect XBox to Be Shut Down Like Skype
"hey hi"-washing fools nobody
Truth Hurts (Especially Some Dishonest and/or Greedy People), But Reporting Truth is What Makes Journalism Valuable to the General Public and Helps Protect Society From Abuse by Sociopaths or Pathological Liars
When it comes to reporting, we're on the side of female victims, not the men who strangle them.
New Paper Reveals the Web (and Net) Drowns in LLM Slop, "Linux" is Impacted Too
It will be getting harder to trust anything on the Web
Links 13/03/2025: RIP, Carl Lundström; Tesla (the Company, Not Scientist It Piggybacks) Besieged by Public Backlash
Links for the day
Gemini Links 13/03/2025: MElon "Greek Tragedy" and Going Offline More
Links for the day
Links 13/03/2025: COVID-19 Legacies and "Modern" Cars as Spying Machines on Wheels
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025