Bonum Certa Men Certa

Truly and Completely Out of Control, the Unhinged European Patent Office Calls Applicants “Customers” While Offering Patents on Nature, Life, Maths

2015: Battistelli's EPO Loses 'Customers' Because It Plays 'Favourites' With Large Corporations

Everything must go
Everything Must Go (film)



Summary: The European Patent Office (EPO) lost sight of what patent offices exist for; it's now doing totally insane things while treating the law like a nuisance rather than something to be served

WHAT do patent offices exist for?



It's a fair question, right? Not rhetorical.

They tell us it's about innovation. Sometimes words like "protection" get used (but not "protectionism"). Or do patent offices now exist to maximise their own bottom line? Are they a public service? What are they? The EPO has taken these questions to new extremes, stretching the rule of law to levels that discredit the very system it derives its powers from (how can an institution claim to uphold and enforce law when it breaks its own laws?). Earlier today we wrote about the real costs associated with the EPO and it's not a pretty picture. The extrernalities show that the EPO has become a net loss to the European economy.

"The extrernalities show that the EPO has become a net loss to the European economy."Earlier today we also published two articles about software patents in Europe. Nothing has yet changed for the better and in fact just hours later the EPO resumed promoting software patents that are not allowed. Well, the EPO does not allow obeying the law, either. "Four days to go until we close the registration for this event where we will discuss computer-implemented inventions," it wrote, adding the usual "SME" and "medical" buzz (to make it seem like it's helping the small people and saves lives). Hours earlier the EPO published this "[r]eport on the results of the user consultation on increased flexibility in the timing of examination process" (warning: epo.org link) and notice that it has nothing to do with patent quality, only speed. They measure performance in terms of speed and almost nothing else. As it turns out, based on another new tweet, words like "customers" and "IP" are still being misused in conjunction with "SMEs" (that the EPO systematically discriminates against).

Then there's the question of patents on life. When did nature become "IP portfolio" and life "innovation"? It's saddening if not maddening to see Intellectual Property 'Watch' still carrying this propaganda for crazy people who lie in order to rob us. Here is what it published this afternoon: "Chris Holly is a practicing intellectual property lawyer with extensive experience helping clients leverage IP portfolios in the agriculture, food, microbiology and biotechnology industries. Intellectual Property Watch’s David Branigan interviewed Holly to gain his perspective on the technological, regulatory and intellectual property considerations of next generation plant breeding techniques, in particular those that involve gene editing using CRISPR technology."

"Innovation" as in the headline just means "patenting"; these lawyers want patents on life and nature, so they just call it all "invention" etc. Remember 'Teffgate'?

Peri Hankey remarked on this 'ownership' by telling me: "This kind of property is theft of our natural commons, enclosure of life. The underlying theory is that what is not yet anyone's property must be taken before it it taken by others. It's the socio-political creed of scavenging brigands. It's the theory that drives us -- to ruin."

Information Age meanwhile promotes 'owning' mathematics and mere ideas (processes of the mind). Earlier today it wrote that the "European Patent Office (EPO) recently issued fresh guidelines last year examining the patentability of AI and machine learning based on the principle that all patentable innovations must not be obvious."

Here's corporate media once again spreading the lie and the nonsense which is “AI” (nowadays it is typically just a meaningless synonym for “computer” or “computer program”). Do we want more surveillance startups? Or is that just software patents promotion?

Notice how many times they misuse the term "AI" in these three passages alone:

“The European Patent Office (EPO) recently issued fresh guidelines last year examining the patentability of AI and machine learning based on the principle that all patentable innovations must not be obvious.

“By default, the application of AI in almost every function and across every sector it touches – from AI-powered toothbrushes to AI weather forecasting tools, from medtech to fintech to e-commerce – renders such inventions obvious, unpatentable and, ultimately, far from innovative in and of themselves. What’s more, the vast majority of AI algorithms are open source, making the implementation of the technology even less innovative or intrinsically valuable. Even the EPO are looking into implementing AI in order to streamline processes. Yet this clearly does not make them an AI or a tech organisation.

“AI is simply a tool and should be viewed as such by the wider market. The AI conversation should be focussed more on how businesses use this tool to create truly groundbreaking and critical inventions that are of real, tangible benefit to the wider innovation market.”


In all the above, "AI" just means algorithms, nothing else. Courts would reject patents on those.

"Even the EPO now understands that UPC has died, based on this tweet from a few hours ago (about the third of this kind in the past fortnight)."In an effort to override national courts and somehow allow such ridiculous patents to endure, Team UPC worked hard for years, pushing for a hideous replacement (under the guise of "community", "harmony" and "unity"), thankfully in vain. UKIPO "commissioned Powell Gilbert to collect data on patent and non-patent cases," it said yesterday. "This has allowed us to evaluate the performance of the UPC once it is in operation. This data is published as part of the reports."

"Counting patent and non-patent cases at the High Court 2015/2016" is the title. Remember that this court rarely tolerates some of the more controversial European Patents. "The IPO requires detailed information on UK patent and non-patent cases. This will fulfill the UK’s obligations under the Unified Patent Court Agreement (UPCA)," it said. But there's no UPC. It's dead. Nevertheless, Bristows is already leaping at it and this new post from Alan Johnson said (hours ago):

The UK IPO published yesterday (here) information on the number of IP cases commenced in the High Court in 2015 and 2016.


If one considers pertinent cases and their outcomes, it then becomes clear that British patent law isn't quite compatible with what the EPO has been doing in recent years. The above is merely a formality that accompanies what Gyimah had done before he resigned. Even the EPO now understands that UPC has died, based on this tweet from a few hours ago (about the third of this kind in the past fortnight). The EPO's worst enemy is itself or its own misbehaviour.

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
 
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
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