Bonum Certa Men Certa

EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

'Creating' (granting) more and more patents will artificially lower their value

Hyperinflation Reference: Hyperinflation



Summary: The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide

WE OFTEN make the rather broad claim that Battistelli's terrible regime, which is clueless about patent quality (no scientists in charge. i.e. at the top, unlike before), artificially increases EPO patent numbers by reducing the quality, e.g. by pressuring to grant faster (without sufficient prior art search) just like the USPTO. Bogus patents hurt the most the "small guy" (or gal), who hasn't the means/time/expertise by which to appeal/object/fight a hostile patent. That's putting aside Battistelli's vicious crushing of the Boards of Appeal, which would mean fewer reassessments of patents erroneously granted by examiners. To borrow India's example of software patents and other controversial kinds of patents, consider today's new article from the Indian media:

Modi’s New Intellectual Property Rights Policy Will Only Benefit Players with Deep Pockets



In November 2014, five national governments wrote to the Department of Industrial Policy and Promotion (DIPP) to inform the policy-making process of India’s first national intellectual property rights policy (IPR policy). The DIPP received 300 submissions from various other stakeholders, including NGOs and civil society, multinational companies, businesses and trade associations, cutting across various sectors. The policy-making process itself was marred by bizarre, unfair and unexplained steps such as the sudden disbanding of the first think tank put in charge for producing a draft policy, an opaque and long-drawn process of releasing a first draft, the leak of a near-complete final draft and no publication of responses (yet) of the 300 odd submissions that were made by stakeholders. Finally, the DIPP released the policy last week.

Despite the long and extensive drafting process, the policy is tilted in favour of right-holders, and places undue reliance on IPRs to stimulate innovation and growth. It obviously claims otherwise, but there are some fundamental flaws in the policy’s premise which render the DIPP’s claims meaningless. Delving briefly into the subject of IPRs, it is a matter of principle that a balanced intellectual property (IP) regime, i.e. a model that balances rights with adequate limitations/exceptions, contributes optimally to the holistic development and growth of the nation. Limitations or exceptions are flexibilities in the law, which cut down absolute monopoly conferred by IPRs, and ensure that use and sharing of knowledge for purposes such as research, education and access to medicines are not overridden by IP rightholders’ claims. The Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS), which is the largest international agreement governing countries’ IPR regimes also promotes the use of these flexibilities to build balanced regimes. The policy does occasionally state its commitment to the TRIPS agreement and the Doha Declaration, but does not commit or spell out any new concrete steps. Thus, it fails to show any seriousness about upholding and promoting a ‘balanced’ regime – in stark comparison to the detailed and surgical manner in which it aims to raise awareness about IPRs and commercialise them.

Unfortunately for the policy, a myopic rationale captures the ambition of the document. The policy document states that, “The rationale… lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.” As such, the policy fails to recognise the philosophy of welfare and balance embedded in IPRs: to ensure innovation, social, scientific and cultural progress and furtherance of access to knowledge. In all fairness, while the document pays a salutary tribute to objectives such as “achieve economic growth and socio-cultural development, while protecting public interest; also of advancing science and technology, arts and culture, traditional knowledge and biodiversity, transforming knowledge-owned into knowledge shared,” it never rises above its treatment of IPR as a tool to solely serve the interests of rights-holders.



This is the kind of 'logic' that those whom Battistelli bamboozles are led into whenever the UPC is brought up. What Battistelli has been doing at the EPO can be summed up as tilting the whole process in favour of large corporations, even those that are not European (see PACE). He arguably accomplished this while viciously attacking workers (scientifically qualified, unlike him) who 'dared' to express scepticism. He mocked democracy (UPC is clearly antidemocratic), refused to obey the law, probably caused quite a few deaths (by suicide after his repressive policies), and hired to his ranks people who face many criminal charges. Battistelli is a dangerous man, but he's there for a purpose and it is a people-hostile purpose (corporate gains at the expense of non-billionaires, who aren't those Battistelli is inclined to acquiesce anyway).

The other day we found this new assessment of a patent just reaffirmed by the EPO (for gains at Nespresso France). To quote:

At the end of January 2016 the EPO held Oral Proceedings in respect of an Opposition by Nestec S.A. & Nespresso France against the grant of EP2312978 in the name of ECC. At the end of the proceedings the opposition was dismissed and the patent maintained as granted. An appeal against that decision has already been filed by the opponents.

The ECC patent in question does not directly protect ECC’s innovative product (they have other patents for that), or even prevent a third party from producing a competing product, but it is intended to prevent particular modifications to Nespresso machines that would render them incompatible with the ECC product.


This is like a form of DRM/lock-in or something akin to the Lexmark case in the United States.

Recently, based on this short Reuters report and the widely-spread paid-for press release [1, 2], "the European Patent Office (EPO) has ruled in the opposition case againts BioPorto’s BioPorto's NGAL Forms patent no. EP 2215481. The EPO ruled the patent valid on the grounds that the patent meets the requirements of novelty, inventive step and sufficient description" (says the party which defends this patent).

The overall strength of a patent office oughtn't be measured by how many patents it grants and/or defends but by the lack of controversy over a granted patent (or patents), owing to widely-accepted novelty and perceived quality. We fear that Battistelli, having visited some rather bizarre regimes of late, wishes to unilaterally race to the bottom and decrease patent quality, probably so as to accomplish what ENA taught/trained him to do (neoliberalism). Battistelli is as 'clueful' about science as Reagan, an actor, was about economics and politics. The less Battistelli knows and understands, the easier it is for the affluent class (or corporations/lobbyists) to game him.

"Government`s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it."

--Ronald Reagan

Recent Techrights' Posts

1901 Days in High-Security Prison (and 8 More Years in Severe Confinement) for the 'Crime' of Exposing War Crimes and Corruption
Julian Assange clip
Opensource.org = Microsoft Lobbying (Openwashing)
Here's the latest pair of blog posts
In Northern Mariana Islands, Where Julian Assange Pled Guilty 4 Weeks Ago, Windows Remains Second to Android, and GNU/Linux Still Grows in Oceania
It was the first month ever that statCounter saw more Web requests there from Android than from Windows
Good News About GNU/Linux, Geminispace, FSF, and Backlash Against Microsoft
here are a few quick takes
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Red Hat's Official Site Yesterday: Promoting 'Secure' Boot in Machines You Don't Own or Control Anyway
"To be clear, CentOS Linux no longer exist"
 
[Meme] Conservative (and Fake) Nuclear Physicist Bill Gates
Didn't even graduate from college, media treats him like a world-renowned expert in nuclear energy
The Gemini Capsule of Tux Machines Turns 2 in Six Days
Many people actually use Gemini, some participate in it by creating their own capsule (or capsules)
GNU/Linux Rises to 4% in Saudi Arabia, Says statCounter, Windows Has Fallen to 11% (Android Exceeds 60%)
Microsoft might soon fall below 10% in KSA (Saudi Arabia)
IRC Proceedings: Thursday, July 18, 2024
IRC logs for Thursday, July 18, 2024
GNU/Linux news for the past day
GNU/Linux news for the past day
If GitLab Gets Sold (Datadog and Google Named Among Potential Buyers), It'll Prove Our Point About GitLab
Beware the bait on the hook
Hot Summer: Microsoft Flirting With the "5% Windows" Club in Afghanistan
The share of Windows in Afghanistan has fallen to almost 5% (1 in 20 Web requests)
[Meme] Nothing Says "Independence Day" Like...
Firing DEI on Independence Day period
Links 18/07/2024: Hardware, Conflicts, and Gemini Leftovers
Links for the day
Links 18/07/2024: Retroactively Pseudonymised Litigant and Alberta’s Energy ‘War Room’
Links for the day
Gemini Links 18/07/2024: A Welcome to Gemini and Politics of Assassinations
Links for the day
Fabian Gruenbichler & Debian: former GSoC student added to keyring
Reprinted with permission from Daniel Pocock
Links 18/07/2024: ORG Complaint to ICO About Facebook, Korean Double Agent Unmasked
Links for the day
Joel Espy Klecker & Debian on Joe Biden's health and Donald Trump's assassination
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 17, 2024
IRC logs for Wednesday, July 17, 2024
Links 18/07/2024: Hostname Pedantry and Retro Coding
Links for the day
Fedora Week of Diversity (FWD) 2024 Attracting 0.01% of the IBM Staff "Was a Success"
They expect volunteers (unpaid slaves) to do the PR for them...
African's Largest Population (Nigeria) Approaching 80% Android "Market Share" Amid Steady Monthly Increases While Microsoft Has Mass Layoffs in Nigeria
Microsoft- and Apple-sponsored Western (or English-speaking) media chooses to ignore that or treat it as irrelevant (a racist disposition in its own right)
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned