Bonum Certa Men Certa

Quality of European Patents Has Sunk, Value Diminished

Pieces



Summary: The trouble associated with declining patent quality at the European Patent Office and early warnings about it from the staff union

TWO days ago we responded to erroneous assertions that EPO staff representatives have not been warning about patent quality until recently. This is patently false. We'd like to revisit this in light of our previous post, which was about bogus patent grants in the US (in the late 90s).



In the latest comment, someone made a point by highlighting an article from almost a decade ago (when the EPO gave a green light/loophole to software patenting):

SUEPO has been busy sloganeering about declining patent quality since at least 2008 and Pompidou/Brimelow era.

http://www.iam-media.com/blog/detail.aspx?g=f440a64b-b45f-4af8-b02f-431db4f17c90


This was more or less an attack from Joff Wild, a mouthpiece of the EPO who habitually bashes the union (in this example he said "SUEPO needs to be completely transparent about its motivation" as if there's some malicious motivation).

The above comment, which comes from IP Kat, parallels a very long discussion thread about the British Supreme Court (SC) and EPO patent quality tests (e.g. Gold Standard). The latest comment says:

That last comment referencing AHP v Novartis is interesting for its suggestion that specialist patent judges are no nonsense types, who hold patent owners to the consequences of slips in their claim drafting. Perhaps SC judges are more generous?

Anon, you set me thinking that, in the litigation here, perhaps neither side fancied explaining to the SC the EPO habitual no nonsense brutal approach to claims to an undisclosed intermediate generalisation. That would explain Neuberger's observations on the EPO prosecution events.

But how might it be, that neither side educated the court? The patent owner would perhaps not want to alert the judges to its drafting slip lest the judge take the easy line, and punish him for it, as in the AHP case. The accused infringer would not want the unfortunate momentary drafting slip discussed lest it lead the SC to sympathise with the patent owner, conclude that a finding of no infringement would be disproportionately heavy punishment for a moment's carelessness, and serve justice by finding infringement.

Does any reader know how much education the SC got from the parties, on undisclosed intermediate generalisation practice at the EPO?


It is somewhat sad to see that while the US patent system tightens/restricts patent scope the opposite is true at the EPO. Under Battistelli the EPO surely accelerated toward the total dilution of value of European Patents. It spoils the work of decades' worth of applicants (even expired EPs which will suffer from bad reputation).

Recent Techrights' Posts

Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
 
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year