Bonum Certa Men Certa

Fake Software Patents, Patent Trolls and Assault on Generic Medicine in Europe



Now that the European Patent Convention is effectively abolished (EPO President António Campinos does not obey it) the future is grim

EPO escalation



Summary: The state of the European patent system is starting to resemble that of the United States about a decade ago; the status quo is seriously detrimental to all except lawyers and aggressors (at the expense of public health, science and technology)

THE escalation or the escalating severity of EPO problems isn't too hard to see; without any sense of shame, for instance, the patent microcosm is promoting illegal software patents (not allowed in Europe) in private (echo chamber event where no dissenting views are permitted/invited). As revealed in their tweets (with photos): "Huge thank you to @Copytwilight, Ana Andrijevic, @MichelJaccard, @bastianbest and @PHeckeler for sharing their views this afternoon at the "AI & Intellectual Property" track @appliedmldays."



Watchtroll, similarly, promotes software patents 'dressed up' as "AI" and even as "Blockchain". "Techniques for Patenting Blockchain in Europe, the United States, China and Japan" is the latest output from this site, which acts more or less as a front for patent trolls.

"This system is systematically discriminatory (against the small)."Europe has attracted quite an influx of such trolls, as measured by the number of cases filed, especially in Germany.

"Trolls in Dusseldorf, the Eastern District of Europe. At least VW is a large company, they can afford litigation, which is not the case for most of us, small companies," Benjamin Henrion wrote, citing a report from Mathieu Klos about the patent trolls infestation in Europe. The gist of it:

Germany's largest carmaker Volkswagen faces the next lawsuit from an non-practicing [troll] entity. Dutch company Innovative Foundry Technologies filed an infringement suit against VW, Ford and Texas Instuments at the Regional Court Düsseldorf before Christmas. The patent covers a special chip manufactured by Texas Instruments that VW and Ford install in the infotainment modules of their cars.


There probably would be out-of-court settlements if the targeted companies were smaller. This system is systematically discriminatory (against the small). As we noted earlier this month (see "The EPO’s Low Patent Quality Can Kill the European Software Industry and Kill People Too" and what we wrote yesterday about cancer patients), poor people literally die because of patents like these. Yesterday Selin Sinem Erciyas (Gün + Partners) wrote in IAM (blog of patent trolls) about a Turkish generic company coming under attack from likely bogus European Patents granted by examiners under pressure and in a rush. Now they're reassessing (belatedly). In her own words:

A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended during the opposition and appeal proceedings before the EPO.


Well, opposition and appeal proceedings can be slow and overburdened. The number of pending appeals, for example, is said to have skyrocketed to around 10,000. This is insane. Team Battistelli planned to just get rid of these appeal proceedings, replacing the Boards of Appeal (BoA) with the UPC. Tom Lorkin of Dehns (Team UPC) has just remarked on the dependent and afraid BoA trying to determine patent scope while illicitly ruled and intimidated by abusive EPO management, even in gross defiance of the EPC that governs this entire framework. Lorkin mentions T990/96 and T1085/13, which can in turn relate to medicine, too. To quote:

In what may come as a welcome departure from existing practice, an EPO board of appeal in decision T1085/13 has clarified the conditions under which patents can be granted for known compounds at higher grades of purity.

A leading case concerning purity of materials has been T990/96 where it was held that a document disclosing a compound for the first time ordinarily makes the compound available in all desired grades of purity. EPO practice has been to view the earlier disclosure as novelty destroying to a later claim in which the same compound is claimed at a higher purity. To take an example, a document discloses a new dye, which is manufactured in 90% purity. The position based on T990/96 is to assume that that dye can be purified to all levels of purity by conventional methods and so is made available to the public in all desired grades of purity. Consequently, a later application claiming that dye in 95+% purity would lack novelty over the earlier disclosure.


This EPO board of appeal is certainly aware that it enjoys no independence from the rogue management of the Office; so what can be made of its decisions? The EPO boards of appeal generally complain about this repeatedly.

"Who benefit from this? Certainly not Europe."What we're seeing more evidence of, over time, is the impact of the Battistelli era; patent trolls, software patents, invalidation of European Patents in courts and lack of access to life-saving medicine. Who benefit from this? Certainly not Europe.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day