Bonum Certa Men Certa

EPO a Hostage of Law (Litigation) Firms

Like the media that covers topics such as patents

Fleeing
No wonder experienced patent examiners (scientists) are fleeing



Summary: Today's EPO has nothing at all to do with science and technology; it's designed to accomplish just one thing, which is to grant as many patents as possible, spurring activity in the litigation 'industry'

European Patent Office (EPO) President António Campinos has managed to fool a lot of people, at least in the media. Those who berated Battistelli do not even mention Campinos, who is doing no better than Battistelli (same policies and worse).



"What have they ever done to represent their states? They represent the NPOs, not the states."What about the Administrative Council? It has done nothing to revert or undo illegal policies. Nothing! It's composed mostly of just heads of national patent offices (NPOs), i.e. it's merely a virtual structure that represents patent maximalists. The EPO has just mentioned "representatives of the member states on the Administrative Council" because contact details have changed. What have they ever done to represent their states? They represent the NPOs, not the states.

"These aren't the sorts of people the EPO is supposed to help. It's like law firms staged a coup and won."The EPO is itself like a giant NPO (multinational with immunity) whose main objective is serving trolls and law firms. The EPO is working with LESI, a front group for patent trolls and patent extortion operations. Yesterday it mentioned André Clerix, Sandrine Guillermin and Alison Orr. Check their bios. These aren't the sorts of people the EPO is supposed to help. It's like law firms staged a coup and won.

Two weeks later the EUIPO/EPO are still not tired of pushing these paid-for lies that are laughable. Yesterday the EPO tweeted: "Intellectual property rights-intensive industries generate 45% of total economic activity (GDP) in the EU, amounting to some €6.6 trillion a year."

"That says a lot about the state of 'journalism' these days..."What ridiculous numbers! And companies that have toilet facilities generate close to €20 trillion a year. So what? This sort of propaganda line was parroted in some EPO-connected media, including WIPR. That says a lot about the state of 'journalism' these days... (side story: when WIPR wrote a story about the EPO threatening to sue me the writer got reprimanded and the story was quickly pulled down)

Mitscherlich PartmbB's Sebastian Roth has also just commented on software patents in Europe disguised as something else; "Computer-implemented inventions have recently moved into focus at the European Patent Office (EPO)," he wrote through Lexology. To quote:

Technical Character of Data Structures

[...]

The recent EPO Board of Appeal decision T 2049/12 is concerned with the technical character of data structures, and thus their patentability. The Board establishes in the decision that a data structure has itself a technical character, if it maps to technical features in a technical system: (https://www.epo.org/law-practice/case-law-appeals/recent/t122049eu1.html).

Computer-implemented inventions have recently moved into focus at the European Patent Office (EPO). For instance, the 2018 edition of the Guidelines of Examination has been substantially revised, with computer-implemented inventions a major focus. One important revision concerned data retrieval, data formats and data structures (Part G, Chapter II, 3.6.3 of the guidelines).

To patent a data structure – like for software inventions – the claimed subject matter has to clear two crucial hurdles: patent eligibility (Art. 52(1) EPC) and inventive step (Art. 56 EPC). To overcome the eligibility hurdle, the claimed subject matter needs to have a technical character, i.e., it has to include at least one technical feature. To overcome the inventive step hurdle, the claimed subject matter has to include at least one non-obvious technical feature (only technical features are taken into account for assessing inventive step, e.g., T 0641/00).


The EPC does not allow software patents, but the EPO Board of Appeal does not enjoy independence. It admits so. There's an upcoming high-profile case (simulation in software) in the foremost Board of Appeal and Campinos is already intervening in favour of software patents, looking to tilt the outcome to retroactively justify loads of illegal European Patents. Even the EPO's Boards of Appeal themselves have repeatedly stated that they lack independence. Campinos reaffirms this observation of theirs, albeit 'politely' like a 'shy' man.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
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
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[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
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day