Bonum Certa Men Certa

Who Does the Legal System Really Serve or Favour in European Patent Disputes?

People like myself are being denied access to the underlying facts

Florian on Ericsson
Image credit: Florian Müller



Summary: People who oppose software patents are being denied access to the courts, the media and so on; the EPO keeps getting away with serving patent trolls, e.g. those that are connected to large companies such as Ericsson (as above)

THE existence of software patents in Europe is a threat to all programmers. Why are they being granted? It's illegal. The European Patent Office (EPO) has not had a scientist as President for over a decade now. António Campinos is a former banker, Battistelli is a politician and Brimelow is regarded or considered to be a public servant (vague term). This is a problem because it means that people with no clue are responsible for bad decisions, having perhaps been instructed by (or consulted) law firms, legal departments, and even patent trolls. They barely ever meet any scientists. It's like they don't care about the impact of patents on science and technology -- an impact which is rather intricate.



"It’s like they don’t care about the impact of patents on science and technology — an impact which is rather intricate."Yesterday, responding to this new post that said "IP [sic] has become ever more concentrated into the hands of capitalism’s high temple – the corporation," Australian attorney Mark Summerfield said: "Not only is this true, it is possible to track the transition historically."

He added the following, linking to his blog:

There is data on this in Australia, that I think may be unique globally. Last year I worked with IP Australia to generate data (using a machine learning system) going back over 100 years distinguishing between corporate and individual applicants. The results show a clear transition during the period between the first and second world wars, between dominance of individual applicants (i.e. the inventor as patentee) and corporate applicants (i.e. the employer as patentee).

I think that this data is fascinating, and I would love to see it linked to economic or sociological research. However, there does not seem to have been much interest in this to date.

An article presenting this data (with links to the source) can be found on my blog: https://blog.patentology.com.au/2018/05/new-data-released-by-ip-australia.html


This is a real problem. The patent system has been rigged.

Yesterday, for example, a famous patent blogger (Florian) wrote: "An Ericsson privateer named #OptisWireless opposed a petition I filed last year for access to a Federal Patent Court case file, arguing that I'm "a blogger known for positions critical of the #patent system." Court ruled in favor of my petition: screenshot #privateering #patents" (screenshot at the top).

Ericsson keeps a bunch of these patent trolls around. We wrote about these before. I happen to know that Florian attempted to crack open some more 'worm jars' (secret or scarcely-explored patent disputes in his country) only to be fought by corporate lawyers and judges, who are terrified by people like us, the critics and sceptics. No transparency. Florian had sent me some legal documents to show reactions. It would be jaw-dropping it I didn't already know that it is a system of powerful people; it's a system that discriminates against 'poor' 'activists', unlike greedy and monopoly-centric corporations. The above just serves to show what we patent realists face in a court of law.

Speaking of Ericsson, watch how the patent trolls' lobby (literally funded by trolls), a site called IAM, is publishing Ericsson propaganda (composed by Ericsson itself). They promote a large thicket of bogus patents, mostly software patents, wrapped up using buzzwords such as "IoT" (published Monday at 2PM). Ericsson tries to distance itself from the extortion, so it uses trolls in various parts of Europe to bully just about everyone, even Chinese companies. It's a protection racket.

Where does the EPO stand on all this? Well, yesterday it promoted software patents again, using hype waves as usual. "Over 300 participants from around the world attended our conference on #patentingblockchain," it said.

Benjamin Henrion looked at the cited document [PDF] and quoted "Klaus Haft, attorney-at-law at Hoyng Rokh Monegier, added that open source does not mean patent-free #blockchain #swpats …"

Software patents and "open source" (Free/libre software) can never coexist and they know it. IBM-centric and Microsoft-connected front groups lie to us about it.

Meanwhile, the EPO is also intentionally conflating inventions with patents. It does so every single day (almost) and yesterday it wrote: "This guide is intended to help you avoid many of the common mistakes associated with inventions" (they mean patents).

Words like "inventions" are commonly being misused by these people. Here is an example from yesterday (article titled "Pam Bryer: Scots have never lost the urge to invent"). The corporate media is really that awful* and it is not being composed by journalists.

The Scotsman is regularly used for patent propaganda (marketing/sales as "news"), usually from Marks & Clerk LLP. This includes software patents promotion and lawyers' lies about UPC prospects. We covered that before and named The Scotsman as a culprit. Generally, this so-called 'news' paper may be good in other sections, but by posting such crap it does its reputation a great disservice. In this case, patent extremists smear Scotland to cause Scots to come to their employer, Marks & Clerk LLP, and ask for patents (thinking it's the same as inventions). Just look at the insulting headline. It's worth noting that only at the very end the disclosure comes: "Pam Bryer is a patent attorney for Marks & Clerk LLP" (so it is marketing and should be labeled as such).

Novagraaf's Philippe Vigand has meanwhile written about the EPO getting another chance to eliminate software for good. "The EPO’s Enlarged Board of Appeal is to consider the patentability of computer-implemented inventions in the context of appeal T0489/14," he wrote. Will he mention that the appeals board lacks independence and may therefore not be able to judge impartially? An issue that the judges themselves keep complaining about? _____ * We've just noted the lack of coverage about EPO corruption. Due to an 'economic' nature of this greedy society and publication 'industry', a lot of so-called 'news' these days is just "tweets", ads, computer-generated crap, self-promotional nonsense and intentional falsehoods/fabrications with agenda in mind. Really bad state of affairs. Honesty may be dead.

Recent Techrights' Posts

Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
 
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day
Henry Abbott (TrueHoop) Says Microsoft Taken Public by Alvin Bernard "Buzzy" Krongard (in New Interview About Jeffrey Epstein)
He has claimed that the man who took Microsoft public was a banker and also connected to the CIA (former Executive Director)
Quick Roundup of "Linux" Slop
Today we saw a slopfarm again in Google News
Links 09/04/2026: Microsoft Attacking VeraCrypt and "Canada’s New Surveillance Law"
Links for the day
Gemini Links 09/04/2026: Shopping, LLMs That Ruin the Net, and Moving to GNU/Linux
Links for the day
Links 09/04/2026: TikTok Sets Up Another Outpost in Finland (EU), "Trump Attacks On Public Media Blocked by Judge"
Links for the day
Microsoft's DevDiv Executive Has Quit (Is GitHub on the Chopping Block?)
CodePlex all over again?
Chatbots (or LLMs) Are Killing Us, and We Ought to Talk About It
We need to talk (to each other, not to bots)
Microsoft Also Fires Senior Executives
Microsoft is a very feeble company pretending to be a giant
Microsoft Windows in Ireland: From 90% to Just 16%
When it comes to Ireland's Web usage, not much of it is from Windows anymore
SLAPP Censorship - Part 40 Out of 200: Putting Forth Frivolous Claim Only a Few Days Before Running Out of Time (12 Months)
my response to a frivolous claim from Graveley
IBM Layoffs by Performance Improvement Plan (PIP) and More Evidence of Layoffs at HashiCorp After IBM Took Over
Notice how the media does not cover IBM layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 08, 2026
IRC logs for Wednesday, April 08, 2026
Gemini Links 09/04/2026: On the Radio, Boogie Notes, Slop in Search Engines and USENET
Links for the day
Countries Where Windows is Measured Below 1%
Windows' monoculture is going away
SLAPP Censorship - Part 39 Out of 200: Recycled Text for Garrett and Graveley (Buy One, Get One Free?)
perhaps thousands of pounds per hour
Microsoft Azure is Now “Perpetually on Life Support”, Even Microsoft Sites Express Concerns
Less than a decade ago Microsoft-connected sites kept saying that AWS was doomed and Microsoft would replace AWS with Azure
IBM's Fedora Project Sees Sharp Increase (Over 25%) in Code of Conduct Complaints, i.e. Censorship Demands
Remember that IBM lawyered up against its own community in an effort to shut down a site critical of it
Malicious Bots
Tackling corruption in the world is never easy
Slopfarms Marginalised, Some Suspend Operations
some people who become lazy and prompt LLMs are just signalling that they throw in the towel
Gemini Links 08/04/2026: "Managing Dotfiles with GNU Stow" and "Observations on Blocking Various Webbots"
Links for the day
Links 08/04/2026: GAFAM "Abandons Multi-Billion Dollar Data Centres in US as Investors Demand Energy, Water Usage"; Artemis II Astronauts Updates
Links for the day
Links 08/04/2026: Dems Call for 25th Amendment Remedy, Bill Epsteingate Summoned in Jeffrey Epstein Investigation
Links for the day
A Lot of Law Firms Are Collapsing
There has been a lot of discussion about this lately
IBM Red Hat Profited From 5+ Weeks of War in Iran
remember that IBM's current CEO comes from a military family (on both sides)
Associated Press Failed Financially, Now It's Offloading What's Left to Slop (How Sites Die 'Cheaply')
LLMs are not intelligent or any form of intelligence, they are just falsely marketed as such
Microsoft Shares Down 35% in 5 Months, Executives Leave Microsoft
Many people leave (or flee) Microsoft because, seeing what goes on insider, they know what's coming
Are Some Obscure or Chinese Operating Systems (Like Huawei's) Taking Over in "Unknown" Clothing?
statCounter still cannot detect many operating systems
SLAPP Censorship - Part 38 Out of 200: Advertisement or £10,000+ Classified Ad in the Form of Court Filing in Another Continent
Graveley fancies himself some world-renown something
Software Freedom is Closely Connected to Privacy
privacy can be a matter of life and death
What Communities Mean and Look Like (If They're Effective and Focused)
Last week we wrote about this in the context of distros and alleged "inclusion"
April 2026 FSF LibreLocal Concludes in Atlanta
Happy Hacking
Gemini Links 08/04/2026: GPG Symmetric Encryption and Slop in USENET
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 07, 2026
IRC logs for Tuesday, April 07, 2026