Bonum Certa Men Certa

EPO Promoting Software Patents in Countries Where These Are Illegal

Ready to protect the law and protest this afternoon

The unitary software patents
Image credit: Benjamin Henrion (FFII)



Summary: The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong

THE European Patent Office (EPO) does not seem to mind the EPC, which it flagrantly violates routinely. It doesn't care what courts say, either (or Parliament). António Campinos came from EU positions, so he should know better. Battistelli got his EPO job through connections (arguably the INPI job as well) and his current CEIPI job was set up by Campinos, who vacated this position if not reserved it. It's all corrupt. We find it ironic that a law school is literally run by a criminal now. Are lecturers and students all aware of it? Surely they all know of the Benalla scandals (if not other scandals as well).



"As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted."The US patent system was shaken by 35 U.S.C. ۤ 101, which nowadays invalidates just about every software patent that lands on a court's or a judge's lap. We cover new examples in Daily Links almost every day (no detailed articles due to lack of time). Nothing has changed.

What about Europe? Totally different story. As judges are under attack, the EPC is misinterpreted and distorted (to justify violating it) and the violators misuse diplomatic immunity we end up with illegal European Patents being granted. Who's to stop it?

Just promoted in Lexology was this item from Kilburn & Strode LLP's Matt Aldridge and Kristina Cornish (patent litigation). It's about San Marino 'outsourcing' stuff to the EPO (within about 3 weeks):

It was announced at the end of November that, effective 1 January 2020, San Marino has closed the national route and thus will no longer accept European patent applications, or act as a receiving office under the PCT. This does not mean that patent protection in this mountainous microstate is not available, rather that all applications must now be filed directly with the European Patent Office (EPO).

Closing a national route to filing a European application is not new.

A dozen EPC contracting states have already closed their national route, namely:

Belgium, Cyprus, France, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Monaco, the Netherlands and Slovenia.

Any PCT application must go through the EPO in order to obtain protection in these states.

Whilst this particular change is unlikely to have an impact on most filing strategies (there were only four applications made through the national route in San Marino in 2016), it is worth bearing in mind the potential advantages, and disadvantages, of using a national route when filing in Europe.


Letting a lawless, unaccountable, corrupt entity run or replace one's national patent system is beyond unreasonable. We saw similar EU ambitions in UPC and those who shape everything were litigation firms, not scientists. There will be a protest against the UPC later today.

We've meanwhile noticed this new tweet from the EPO (from half a day ago). The EPO is very blatantly promoting software patents in Europe. It's doing it again. Illegal patents. To quote: "Patents are granted for new inventions such as products and processes, including inventions carried out using computers. You can read more on #patenting computer-implemented inventions here..." (the cited page talks about "4IR" and "AI" -- the usual buzzwords).

Another new tweet from yesterday spoke of “disruptive technologies such as … AI.” (in the cited page).

Yesterday the EPO wrote: "#patentfact: High-quality #patents are assets for inventors because they can help attract investment, secure licensing deals and provide market exclusivity."

"So why does the EPO attack patent quality," I replied, citing this EPO leak.

The matter of fact is, the EPO does everything it can to fake 'production' -- typically by violating the EPC and turning the EPO into a patent 'printing machine'. This includes patents on mere concepts.

The EPO's propaganda arm, IAM, is still posting so-called 'news' that's actually lobbying pieces from litigation firms looking to legalise illegal patents such as software patents. "Australian lawyers pushing for software patents," wrote Benjamin Henrion some hours ago, pointing to this recent article outside the IAM paywall. To quote:

One of the top issues on the agenda for this year’s IPBC Australasia was software patent eligibility – we knew that in the run-up to the event, a Full Bench of the Federal Court of Australia could be issuing a key ruling in the area. As it turned out though, there was no landmark to discuss. To judge from this morning’s panel on the topic, that has created significant frustration among stakeholders.

The closely-watched case was that of Encompass Corporation Pty Ltd v InfoTrack Pty Ltd, in which the claims of two Encompass-owned innovation patents were held invalid (not directed to a “method of manufacture”). The judges dismissed Encompass’ appeal, but passed over the opportunity to set down bright line rules.


Has IAM spoken to actual software developers? No! The usual.

Henrion and fellow technical people will protest in Brussels later today. The yellow shirts are ready (photo copied to the top of this article).

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
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
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
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
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
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[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
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
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