Bonum Certa Men Certa

The European Patent Office No Longer Acts Like a Patent Office But a Prosecutor

Prosecution 'industry' served, not the real industry

Prosecution



Summary: With Patent Prosecution Highway (PPH), Unitary Patent (UPC) and “early certainty” it seems clear that the EPO's objectives are not aligned with those representative of a proper, functioning patent office

THE EPO continues trying -- however futile this effort may seem -- to distract from any meaningful discussion about the crisis. The "SME" nonsense (not a new thing), for example, was repeated once again yesterday. It was repeated pretty much every single day in November. "How can a business leverage the power of patents and other IP rights to achieve business success?" Those are the sorts of loaded questions brought up every day by the EPO. It has become too tiring to even bother responding to them.



"The UPC is going nowhere, but Bristows keeps spreading fake news about it.""The objective of the study," wrote the EPO in another tweet, "is to assess the role played by the current European patent system," linking to the so-called 'study' which is not objective and has already been debunked. It's the EPO-commissioned propaganda for the EPO and its UPC lobby.

Two days ago we wrote about the latest fake news about the UPC. Check out this comment that says "K. Mooney, W. Pors and consorts have been ridden by an illness called "wishful thinking"."

To quote the whole comment (JJ is Jo Johnson):

When JJ is talking about negotiations re post Brexit stay of the UK in the UPC, it clearly means that all those claiming that the stay is easy to obtain (K. Mooney, W. Pors and consorts) have been ridden by an illness called "wishful thinking".

It is understandable that they see big profits flowing away, so that self illusion is an attempt to overcome the loss. The more so since they have invested a lot of time and efforts in devising the RoP of the UPC.

It would be better if they would come back to reality rather than trying to pull wool over our eyes!



The UPC is going nowhere, but Bristows keeps spreading fake news about it. Yesterday it wrote about Belgium. This is nothing noteworthy (of progress); it's a meaningless move, as Belgium has, by Bristows' own admission, "already ratified the UPC Agreement, and has made a declaration regarding its provisional application."

"The agenda of the EPO, as set in stone by the UPC, is worse than malignant. It may be fatal to Europe's producing industries (as opposed to some law firms in England and Germany)."Quite frankly, it no longer surprises us that Team UPC and Team Battistelli are lying so much. Both are rife with abuse. Check out yesterday's EPO puff piece about Brazil and Tunisia (warning: epo.org link), former Portuguese and French colonies, respectively (the next EPO President is a dual Portuguese/French national, as we noted in relation to the validation agreements with Tunisia and Angola, another former Portuguese colony where his father had been born).

This time it's about the Patent Prosecution Highway (PPH), which speeds up examination at the expense of meticulous analysis. To quote the EPO: "Two major [sic] agreements signed by the EPO with Brazil and Tunisia will enter into force today. The agreements will mean new services for companies and inventors from Europe and the two countries and support innovation through legally robust patents."

How many European Patents even come from Tunisia? How many patent applications? Brazil, in spite of its large population side, isn't so major a player either. So for the EPO to call these "major agreements" with a straight face? Come on...

As someone pointed out in the 14th and last comment this week:

Even it might be legal, it is simply unbelievable to go from the much heralded “early certainty” into “long term uncertainty”.

If it should be necessary it shows how badly the EPO is managed!

The document linked to by head down is a paper introduced in 2009 by 3 member states two of which,DE and NL had deferred examination. It was an attempt to resolve the backlog problem, may be a first instance level, but does not work at the BA level.

If files are under deferred examination, they will not any longer appear in the statistics. This a clear attempt to cheat, as the secret hope is that lot of these applications will be withdrawn at one moment or the other.

It is not sure that the member state will be willing to wait to have their share of the renewal fees.

Wait and see if the new chairman of the AC will accept to put the proposal of the agenda of the AC. Bad management should be sanctioned, certainly not encouraged!


This relates to the UPC in the sense that the envisioned system passes or 'offloads' the task of proper patent examination to courts, where fees are humongous and the language spoken may not been understood at all by the defendants.

The agenda of the EPO, as set in stone by the UPC, is worse than malignant. It may be fatal to Europe's producing industries (as opposed to some law firms in England and Germany). The "official languages", which oddly enough include French but not Spanish, tell quite a lot about who would literally profit from the destruction of one's own national scientific sector.

Recent Techrights' Posts

Loss of Technical Merit(ocracy)
"buzzword diplomas"
World Wide Web: Only Criminals Would Want Real Security and Vouch for Themselves When They Use Encryption
In "modern" browsers, the podlock icon probably does not mean what users might think it means
[Meme] OSI Digging Its Very Own Grave (With Microsoft)
The very latest blog post from OSI is a hoot
Geminispace is More Trustworthy (and Private) Than the World Wide Web
Unlike the Web, Geminispace does not route the lion's share of traffic through a collective of spying companies
 
LinuxSecurity (Guardian Digital, Inc) Sloppy With Its 'Linux' Slop
This kind of stuff is killing the World Wide Web and ruins human knowledge
[Meme] Chin-dropping and Jaw-dropping (Considerable Drop in Patent Validity and Quality)
This drop is very much intentional
Gemini Links 10/10/2024: Untruth, SSH, Gopher, and More
Links for the day
Geminispace Beyond 4,100 Capsules
4,000 was less than 8 weeks ago
Links 10/10/2024: TikTok's Legal Problems, WeblogPoMo Challenges
Links for the day
[Meme] European Patent Convention and Vienna Convention Became Only Fictions (Laws and Constitutions Are Now Works of Fiction in Europe)
A political crisis and blunder
Almost a Thousand EPO Staff Protesting to EPO Member States That the Office Illegally Grants Software Patents and Other Invalid European Patents
"The outcome confirms that the concerns about the EPO’s ability to grant legally sound patents remain"
Junk Science
science is being compromised for business purposes
[Meme] Dismantling .io (Stick a Fork, the Hype is Done)
NVIDIA is an excellent new example of hype driving up fictional "value"
UNIX is 55 This Year, It is 6 Years Older Than Microsoft
It should be noted that the surviving co-creator of UNIX, Ken Thompson, 'moved' to GNU/Linux (Debian) in recent years
This Year, for the First Time Since August 2019 (Bill Gates MIT Scandal, Jeffrey Epstein Bribes), libreplanet-discuss Was Inactive an Entire Month
The MIT injustice remains and recent "libreplanet" events were held in a venue that's not MIT and far less prestigious than MIT (the "Wentworth" imitation)
[Meme] Different Ending for Jurassic Park
UNIX in old movies
Evolution of Hype
Passing fads and rebranding
Groklaw Will Hopefully Come Back
Sites should be able to run for decades with hardly any human role/interaction, but that's not where we are...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 09, 2024
IRC logs for Wednesday, October 09, 2024
Gemini Links 09/10/2024: YouTube Woes, Post-Truth Slop
Links for the day
Nothing Will Be Secure and Robust to Failure Until Microsoft Windows is Eradicated and/or Disconnected From the Internet
Every system has limited capacity, Windows botnets push things to their limits
GNU/Linux Took Off at the BSDs' Expense (Amid Telecom Lawsuit) and the Rivalry Persists Because Microsoft is Negligible in the Server Space
UNIX or POSIX is the future
Links 09/10/2024: Samsung's Fall, Tensions Growing Near China
Links for the day
Gemini Links 09/10/2024: Retroware and gmlgcd 2.0
Links for the day
Links 09/10/2024: Microsoft's Surface Duo 2 Officially Dead, X/Twitter Shutdown in Brazil, and "OpenAI Is A Bad Business"
Links for the day
Technology: rights or responsibilities? - Part III
By Dr. Andy Farnell
[Meme] Bill Gates With a Side of "Linux"
Linux Foundation is trolling us with Bill Gates
Once Again Linux Foundation Makes It Clear It's Being 'Absorbed' by Bill Gates
Linux Foundation devotes about 2% of its budget to Linux
Links 08/10/2024: Australian Fines for Twitter (X), Fake Patent Courts Still Not Scuttled
Links for the day
World Wide Slop
If it quacks like a duck...
IBM is a Boys' Club
If IBM collapsed, the Red Hat engineers who work on GNU and Linux would simply work elsewhere (on the same projects)
The Miserable State of GAFAM
Looking for government handouts
Microsoft is Acting Like a Company That's Running Out of Money (But Still Pretends to be Wealthy in Order to Attract or Retain Shareholders)
Azure has had mass layoffs every year since 2020, yet Microsoft keeps telling shareholders that "clown computing" is growing
Dr. Andy Farnell's Article on Societal Disorganised Attachment and the Role of Social Control Media
The article is quite long and typos were still being fixed as recently as last night
Smear Alert: Linus Torvalds Asking for Better Commit Messages Makes Linus a (Grammar) Nazi
Maybe the "mainstream media" is looking for clickbait or maybe it's actively looking to make a scandal - a phony controversy with which to make the job of coordinating Linux unpleasant
Gemini Links 09/10/2024: Climate Doom and Clagrange
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 08, 2024
IRC logs for Tuesday, October 08, 2024
Dr. Andy Farnell's Article on Why Passwords Still Rock
"Seven for a secret never to be told"
[Meme] Driver Issues
Where do you want to drive today?
The Problem Isn't That New Cars Use Electricity But That They Use Too Many Bits of Electronics
"...and proprietary software wrapped in proprietary APIs and protocols all without a modicum of compartmentalisation," an associate adds
We're Turning 18 in 30 Days
30 days from now the site turns 18
GNOME Foundation Says It's Nearly Broke (Again), It's Getting Rid of More People (Only Women Get the Boot), and It Will Improve Communications and Transparency Even Though It Secretly Ousts People From the GNOME Foundation Board (for Secret Reasons)
It only talks about this months later (under strict gag orders, only public shaming of a person)
Gemini Links 08/10/2024: Guilt by Association, Workers vs Owners
Links for the day
Links 08/10/2024: War Updates, Samsung's Layoffs, and Gemini
Links for the day
Another Dose of Fake 'Articles' About Linux
Don't give visibility to the nonsense of Microsoft
Links 08/10/2024: Microsoft Deleting Office Documents Instead of Saving Them, "Threads Still Sucks"
Links for the day
gemini.techrights.org and techrights.org (Same Server, Not the Same Protocol)
We're reminding readers that everything in this site is fully accessible via gemini.techrights.org in Gemini Protocol
X Has Axed Itself. This is Great News and Further Affirmation of Everything We've Said About Social Control Media.
Don't waste any more time on social control media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 07, 2024
IRC logs for Monday, October 07, 2024
Gemini Links 08/10/2024: Contingency Begets Complexity, Playing With Bezier Curves
Links for the day