Bonum Certa Men Certa

EPO President Campinos Works With Patent Trolls and With Team UPC to Promote Software Patents

Lowering patent quality for the litigation 'industry' that profits from it proportionally (at the public's expense)

4iP Council



Summary: The EPO has taken another tumble by collaborating with '4iP Council', a patent extremists' lobby; it is moreover becoming apparent that a lot of European Patents are bogus (not valid) and the management of the EPO is eager to grant yet more of these

ANOTHER week has ended and it ended no better than most. The European Patent Office (EPO) continues to show signs that it's unwilling if not unable to change. It's just succession of Plan Battistelli, courtesy of his fellow Frenchman and old friend António Campinos.



"It gives us neither comfort nor solace to see the EPO retweeting ’4iP Council’ on Friday (yesterday). They’re part of the propaganda mill of Team UPC, of patent trolls and of litigators..."We would really, really love to see genuine change/difference; so far what we've seen is more advocacy for software patents in Europe than under Battistelli. We've also seen more staff reductions. Will the EPO be running out of staff? Can their examination division be replaced with/by over-glorified "AI"? The EPO is not advertising openings and sources say there's a hiring freeze for years to come (with about a quarter of the staff expected to retire by then). Whatever or whoever they're hiring, they’re not hiring experienced examiners, they look for cheaper ones (or none, maybe some algorithms). The only thing we saw is this a few days ago. Has the Office realised that it's rapidly running out of talent?

It gives us neither comfort nor solace to see the EPO retweeting '4iP Council' on Friday (yesterday). They're part of the propaganda mill of Team UPC, of patent trolls and of litigators; They work with trolls and collaborate with Team UPC on lobbying for software patents in Europe. This is what the EPO has retweeeted: "Our latest report is a collaboration with @EPOorg on computer implemented & #AI #inventions: how many, how to apply, examination criteria … & more. Download here: https://bit.ly/2E0JOK9 #4IR, #patents pic.twitter.com/3PtKxmoOkk"

So they're working together on promoting "computer implemented & #AI #inventions" (i.e. patents on algorithms). The EPO not only reweeted this; it participated in this (it says "collaboration"). The UPC, a Trojan horse for software patents in Europe, will never become a reality, so perhaps they just try to legitimise such ludicrous patents (that European courts strike down). That's not to say that there's a 0% chance of UPC (in some form) materialising some time in the future. Team UPC has not given up entirely. Now it's the turn of McCarter & English LLP's Susan Okin Goldsmith and Bharadwaj, Kritika. Under "IP Considerations to Deal with No Deal" they bring up the usual talking points, boosting the same old lies about UPC (e.g. that it's still possible in spite of Brexit). Dream on...

The three Frenchmen



Back to the subject of software patents, yesterday Florian Müller once again demonstrated the low quality of (some) European Patents when he wrote about USPTO and EPO post-grant reviews:

Also on Tuesday, German website WinFuture.de scooped everyone by finding out from resellers that Apple will apparently have a workaround ready in a month's time. It's illustrative of the utter absurdity of the envelope tracker SNAFU that a workaround would have to be created, replacing a non-infringing (in all likelihood, given the two U.S. decisions) chip. Contrary to what some people on the Internet appear to think, it's not an admission. It's simply that, should WinFuture.de be right (which I tend to believe it is), any infringement allegations by Qualcomm against the modified variants of the iPhone 7 and iPhone 8 would require a whole new determination on the merits, while a contempt proceeding involving the previously adjudicated chipset could be decided against Apple if the court relied on its agnostic--by now, most likely counterfactual--infringement finding again. If the standard in a contempt proceeding required Qualcomm to prove an actual infringement, a workaround would most likely not be needed, but the court might favor the same approach once again and adopt Qualcomm's attorneys' fiction. As the saying goes, discretion is the better part of valor.

Yesterday--Wednesday--delivered the next round of bad news for that Qualcomm patent. Technically it's U.S.-only news, but due to major overlaps it also has important implications for an opposition proceeding before the European Patent Office, which will hold an opposition hearing on May 24 (chairman: Manuel Pavón Mayo; 1st examiner: Ali Hijazi; 2nd examiner: Thomas Agerbaek). The U.S. inter partes review no. IPR2018-01154 targeting claims 15-20 of the U.S. envelope tracker patent is most interesting in this regard as the claims and the prior art references are most similar to the issues before the EPO's opposition division.

[...]

Before the EPO, Intel attacks the relevant European claims as being anticipated by a prior art reference named Hou, but also argues that they're obvious over Kwak + Kim, or alternatively over Stauth + Tanabe. Further reference is made in Intel's European opposition brief to prior art references named Midya, Lee, Wu, Mathe, Kim, Kang, and Chu.

Finally, here's Intel's European opposition brief (Appled raised the same issues and is represented by the same Samson & Partner patent attorneys):


Does it not bother the EPO's management that European Patents are found to be invalid? Only yesterday the EPO wrote: "Want to be better equipped to face the challenges posed by prior art on the internet?"

So the EPO makes prior art sound like a bad thing and the Internet a nuisance for showing that many European Patents are wrongly granted. As Florian Müller explained some years ago, by blocking access to Techrights the Office already limits examiners' access to a lot of potential prior art. We post a lot of stuff in our daily links.

The truth of the matter is that Campinos has done nothing and will do nothing regarding the quality of patents, only the "quality of service" (defined in terms of speed).

Friday afternoon it became known (warning: epo.org link) that the President of the EPO met patent maximalists from another continent: Iancu, LESI and AIPLA. At least we know whose interests EPO President Campinos serves...

In the EPO's own words:

The European Patent Office (EPO) and the Licensing Executives Society International (LESI) have signed a Memorandum of Understanding on bilateral co-operation to help innovators make better use of the European patent system. The agreement was signed by EPO President António Campinos and LESI President François Painchaud on the occasion of LESI's recent Winter Planning Meeting in Miami, Florida.

This enhanced co-operation will enable the EPO and LESI to extend the reach of joint activities for stakeholders in the innovation ecosystem, especially small and medium-sized enterprises, industry representatives, technology transfer experts, publicly funded research organisations, IP advisors, innovation centres, user associations, IP offices and government policy makers.

The Memorandum of Understanding between both partners will remain in effect for a period of five years and extends the successful history of co-operation between the EPO and LESI.

[...]

During his mission to the United States President Campinos also met with Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), and they agreed that their offices would investigate possible new measures for further enhancing bilateral co-operation.

[...]

During the visit, President Campinos also engaged with many key US partners and stakeholders, including the Association of Corporate Patent Counsel (ACPC) and the American Intellectual Property Law Association (AIPLA). In these meetings the EPO President provided insights into the Office's strategic plan and vision for the coming years, and invited patent system users to contribute to the EPO's corresponding public consultation.


How often does President Campinos, resident of the top floor in Munich, actually meet scientists? Almost never. He doesn't care about them. He's out of touch. He's not a scientist himself, having come from the banking 'industry' and a family of politicians (the domain of lawyers).

Recent Techrights' Posts

Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Difficult Times at Soylent News
We hope that Soylent News will recover from this
Modern spyware and the problems of "Discord newspeak"
The history of modern instant messaging...
The Best Interface is Outdoors, It's Nature!
Not everything should be replaced by or emulated by digital devices
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
 
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything
Links 09/09/2024: More Trash Balloons and Collapse of Real Estate Market in China
Links for the day
Gemini Links 09/09/2024: ROOPHLOCH and More
Links for the day
Wrong Priorities at IBM
Lavish spendings on a 16-year contract for the most expensive place while firing tens of thousands of staff
Links 09/09/2024: LLMs Manipulated to Lie, More Corruption Found in COVID-19 Contracts
Links for the day
Terms of Service (TOS) Under Scrutiny - Part XVII - A Personal Perspective
The bottom line is, it's possible to reduce (albeit not entirely eliminate) how many things one signs, presses "OK" on and so on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 08, 2024
IRC logs for Sunday, September 08, 2024
Always Taking Things Up a Notch
Nothing will stop us
[Meme] EPO Keeps Masking Its Corruption With "Diversity and Inclusion" (Hiring the Wife of a Friend of Someone Who Bribed His Way Into EPO Presidency)
chain of nepotism
Very Large EPO Applicants Now Threaten a Boycott of the EPO (the EPO Management is Trying to Bribe Them to Change Their Plans/Minds While Hiding It From Staff)
If corruption prevails to this extent, it will have severe international effect
Gemini Links 09/09/2024: Gemini Application Developer Guide and ROOPHLOCH 2024
Links for the day
Links 09/09/2024: 'Dieselgate' Criminal Trial Starts Late, Mass Layoffs at Volkswagen
Links for the da
On Losing the Job at Google After Talking About Committing Acts of Violence Against Colleagues
We still have a highly toxic element trying to enter and fracture our community
[Meme] Patent Monopolies as Bribes at the European Patent Office (EPO)
bloggers who report crime are being threatened with lawsuits by several law firms hired by the EPO to cover up crimes
New EPO Letter Expressing Concerns About EPO Violating Its Charter, Clearly Violating Rules (Possibly Bribing Siemens With Monopolies) and Granting Loads of Fake Patents to Make More Money
Why does the EU tolerate the EPO's crimes and how much longer will this go on for?
NIST is Threatening to Sue You With Patents on Mathematics (That Aren't Even Legal in the First Place) If They Don't Like You
They're asserting monopolies on mathematics
[Meme] EPO 'Hush Money' to Companies That Point Out EPO Breaks the Rules
A bribed doorman: "We have patent examiners, but if you say the right words, we'll bypass them for you"
Gemini Links 08/09/2024: WebDAV, OpenBSD, Pocket Reform, and More
Links for the day
Links 08/09/2024: Super Typhoon and Lots of Climate Journalism
Links for the day
Certificate Authorities (CAs) Are Serving the Authorities, Not You
The centralised CAs "model" is not working
Rage in the Propaganda Machine
There has never been a better time to quit social control media
The Free Software Movement Must Not Assume That Truth and Science Always Win
Sometimes the bad people and the liars get ahead
Peter Eckersley and 'Afterlife'
It's better to look after one's health at present than to pursue all sorts of perceived 'insurance' policies
Terms of Service (TOS) Under Scrutiny - Part XVI - When Radio is No Longer "Read-Only" (Listening Mode) Because Someone Listens and Sells Your Data
Who would want to put up with this?
Terms of Service (TOS) Under Scrutiny - Part XV - "Zoom's terms of service change sparks worries over AI uses" (and More)
Then they wonder why users get all grumpy?
redhat.com is Promoting Revisionism and Lies Regarding the Origin of the Term "Open Source"
debunked many times before
Software Patents Against GNU/Linux Again
Patent extortion against OpenShift and Red Hat Enterprise Linux
IBM is Cutting - Almost in Half - Its Office Space in Austin, So Expect Many Layoffs (RAs)
IBM reduces office space by 187,00 square feet or 37%
IRC Proceedings: Saturday, September 07, 2024
IRC logs for Saturday, September 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day