Bonum Certa Men Certa

Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

The European Patent Office keeps spitting on the laws which govern it (EPC)

Illegal spit



Summary: Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)

35 U.S.C. €§ 101 at the U.S. Patent and Trademark Office (USPTO) and the EPC at the European Patent Office (EPO) ought to have prevented all sorts of crazy abstract patents or patents on things in nature; but António Campinos follows Battistelli's footsteps and only ever strives to increase so-called 'production' as measured by things like number of patents granted. This means that bogus European Patents are being granted.



“Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal...”
      --Benjamin Henrion
In response to something we wrote some days ago about Koch v EPO [1, 2, 3, 4] Benjamin Henrion of FFII joked about the FCC (Germany's Constitutional Court): "Too bad the EPO does not follow the rule of law, maybe the other German constitutional complaint about the EPO will end up declaring the EPC construction illegal..."



Given that the EPO already grants lots of software patents in Europe, one wonders if the EPO is bound by the EPC and Europe's political system. As recently as days ago the EPO mentioned Fröhlich, a booster of illegal software patents. "Michael Fröhlich," it said, "our Director European & International Legal Affairs, PCT, will be talking about the most efficient filing strategies at this event. It's being held in various European cities..."

Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents. We've mentioned Fröhlich several times over the years, e.g. in relation to "blockchain" patents.

"Michael Fröhlich typically offers tricks and loopholes for obtaining illegal patents."Lawlessness isn't limited to the EPO itself. As we've shown here many times before, it extends to ILO -- a subject we shall revisit some other day. They hide the lawlessness using all sorts of legal maneuvering. It would be good for all EPO staff to become familiar with these tricks. As Henrion put it just before the weekend: "Software patents are excluded from the EPC art52, but the EPO grants them anyway. And even if this case makes jurisprudence in Belgium on that topic, the EPO will ignore it and continue to pollute the market with those pesky patents."

Henrion also took note of some more propaganda from Bardehle Pagenberg; they constantly promote these illegal patents -- something they try to specialise in. Here's Bardehle Pagenberg's Bastian Best pushing their sales pitch into hubs right now. So does Kilburn & Strode LLP, which we wrote about earlier today (same hubs).

"Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them "AI" or whatever."Misleading headlines can now be found in Lexology (original here by Kilburn & Strode LLP's Thomas Hamer and Matthew Woodhill). It's a marketing piece by which they try to advance/push fake patents into Europe (where these patent are illegal), riding hype waves and buzzwords such as "AI". To quote: "A recent report by the Interactive Software Federation of Europe (ISFE) puts the 2018 market size for the video game industry in Europe at €21bn, with a year-on-year growth of 15%. It’s therefore no wonder that the biggest players in the industry want to protect the next generation of hand-held controllers, software and consoles. By looking at publication and grant data for applications at the EPO over the last 10 years, we can observe the technological trends in this time and try to predict what the future might have in store for gamers. [...] The third patent trend: using AI and machine learning (ML) to dynamically improve gameplay."

Video games are software. Algorithms in computer games (as opposed to controllers etc.) are not patent-eligible, even if one calls them "AI" or whatever. Surely they know this, but they just don't care. Neither does the EPO, whose management actively encourages applicants to call all sorts of things "AI" and then pressures examiners to grant.

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work