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June 14, 2009

Pompous Pirate

Rambus has been bullied by the European Union to license its patents on the cheap. Europe constantly seeks to denigrate patent protection because they are lagging behind in technological prowess and world commercial competitiveness, and have scant chance of catching up. Europe has a strong anti-patent stance, not even allowing patents for software, once of the most innovate art areas for decades. For industrialized nations, continental Europeans on average work less and vacation more. The European entitlement mentality shows most distinctively in their willingness to pirate the inventions of others while covering themselves with a fig leaf of self-righteousness.

Posted by Patent Hawk at June 14, 2009 1:40 PM | International

Comments

"For industrialized nations, continental Europeans on average work less and vacation more. "

Heaven forbid!

"The European entitlement mentality shows most distinctively in their willingness to pirate the inventions of others while covering themselves with a fig leaf of self-righteousness."

What would be the problem with that even if it were true? Would they not be perfectly within their rights to do this as they please? We publish our patents for the whole world to see, as do many nations.

Posted by: 6 at June 14, 2009 9:43 PM


"Rambus has been bullied by the European Union to license its patents on the cheap..." True, but the EU is giving Rambus a political platform for world wide settlements with all the semiconductor and electronic industries... an average royalty of 2% of all of that is GIGANTIC!!

Posted by: Regata De Blanc at June 14, 2009 9:55 PM

And I thought my much lower allowance rate in Europe was due to the German & EPC examiners being a hell of a lot better at their jobs than their U.S. counterparts. But no! It must be the fault of The European Entitlement Mentality. That's good to know.

Posted by: Chaon at June 15, 2009 12:10 AM

The European patent system is a joke, a clever money extortion scheme

It has no use for individual inventors or small garage startups - it's not even a lottery, it's a recipe for losing large sums of money

7 years before the first office action, annuities going up each year (now over 1000 euros), ridiculously expensive yet unqualified european patent attorneys you have to use to do anything in the EPO .... , and later on huge EPO fees, translation costs, registration costs in each participating county, national courts having different policies on patentability...
don't get me started...

And after all this money and time wasted you get an "office action" recycling same references already extensively discused during US prosecution - non-analogous art cited in IDS with initial patent filing, not a single new reference

(while the invention is already cited dozens of times in the literature and even included in a standard textbook)

You gotta be kidding me, this is a joke, an abuse of the very concept of patents !!!

As far as I'm concerned they can all go to hell

Posted by: angry dude at June 15, 2009 7:20 AM

Dude, no "European" scheme can possibly be (your word)"clever", can it? If it is, how is it, pray?

Let me guess. It's because it fools people, right.

Everybody else but you in fact?

I think you have been badly burned, and need better European patent counsel. The one you have at the moment must be a disaster. Why did he not immediately request that your app be put on the PACE program, to catch all those wilful infringers of your valid claims? Should you not have branched off a Gebrauchsmuster many years ago? The European attitude is that litigation is a first rather than a last resort. If the rights owner doesn't immediately kick up a fuss, at the first sign of infringement, well then why should anybody else help him with interlocutory injunctive relief.

Or are you basing all your assessments on what you read in the patent blogs. Not a clever idea, that.

Meanwhile, my American corporate clients have a very different experience of the European system. I don't hear any complaints. Rather, the reverse.

Posted by: MaxDrei at June 15, 2009 12:09 PM

"...my American corporate clients have a very different experience of the European system"

I'm sure they do, little Max

All I said is that EPO is useless for American independent inventors and small (non VC-funded) startups

"If the rights owner doesn't immediately kick up a fuss, at the first sign of infringement.."

You constantly amaze me with your technical ignorance, Max

"the first sign of infringement" might take a million dollar investment and couple years of work if we are talking about reverse-engineering semiconductor chips

Posted by: angry dude at June 15, 2009 12:30 PM

Dude, I confess. I had overlooked the problems of the independent unfunded inventor of a million dollar chip. I now see that the European patent system is out of step with your reality.

Posted by: MaxDrei at June 15, 2009 1:34 PM

Maxdrei, if you had a blog I would read it religiously every day, and tell all my friends to read it too.

Posted by: Chaon at June 15, 2009 5:24 PM

Don't know whether to take that as a compliment or not, Chaon. Maybe you are thinking that my blog would vividly confirm (direct from the horse's mouth, as it were) that Europe is a disaster, I don't know. Pseudonym to pseudonym is rather a dodgy way to communicate. But thanks for the remark. Rightly or wrongly, I'll read it positively.

Oh and BTW, any blog of mine would be horribly tame. Unless I had the tech and the time to do it anonymously.

Posted by: MaxDrei at June 15, 2009 10:10 PM

All complimentary Max. Not just because I agree with your posts, but because I am biased towards the superior logic and professionalism of European (especially German) I.P. practitioners.

Posted by: Chaon at June 16, 2009 7:19 PM

Well, Chaon, thanks but I'm not sure I can agree with you 100% there. I love working for clients who are US patent attorneys and would probably struggle to enjoy working for German patent attorney clients. Some German patent attorneys find it hard to take on board that, when it comes to interpretation of the EPC, there is more than one way to view the law and that sometimes the courts of another member State can have a better grasp of the logic of the Statute than that of the German judges. Although Germany has by far the biggest patent business anywhere in EPO land, and German thinking is dominant inside the EPO, Germany is after all only one of 35 EPO Member States, and the others are not stupid. US (and English) patent attorneys, by contrast, well understand that they can't impose their patent law on the rest of the world, which is what helps to make it a pleasure to work for them.

Posted by: MaxDrei at June 16, 2009 10:34 PM