[SpamCop-List] Re: patent-fr
Philippe Verdy (n.o-s.p.a.m+abuse)
verdy_p at wanadoo.fr
Sat Dec 17 21:38:23 EST 2005
Resent here, because it seems that somerefuse to read the initial message
due to its initial format. This is a courtesy for them, but I don't like
this geek behavior.
This is a new type of spam that I did not see before : now targetting the
sales of patents on software/hardware (note that software patents are still
not legal in France, and the EUDC european directive on copyright is still
not applicable too, because there is no associated French law enforcing it).
This spam author is targetting the patents registered in France, whose text
and ownership is not freely available and details requires payment or
subscription to get access the official French registry(free consultation of
the registry is only possible, without copying it, in the local INPI
offices; certified copies require payment, and there's no right to even get
free photocopies of original documents).
I can't even verify if the proposed patent is effectively owned by the
sender of this email, but anyway, this owner seems to be located in South
Korea, and sent its email (written in French) using the Korean standard
character set (very unlikely from a french source).
The text of the patent, if it is valid, has no real originality and is
probably not valued the price indicated (it's just a keyboard with some
multimedia functions, nothing very original there).
Anyway, the sender is especially targetting those that have written
specifications for keyboards (for example me), but also famous french
research laboratories or people working for them. It clear that the sender
has used some "professional directory" or some web search engine trying to
reachthose that have written contents on the Internet related to keyboard
And then he has sent his email without prior consent, using basic mailing
lists, which does not even try to keep the privacy of each targeted
recipient (I can see the other recipients in the email I received,alld of
them with email addresses in various subdomains of .fr). This is clear spam
i.e. unsollicitated business email (UBE) and unsollicitated commercial email
(UCE). The way it is sent without prior personnal contact and without even
trying to protect the privacy of the recipient makes it unsollicitated. And
the fact that I diud not ever know the sender, when he was doing that makes
that this "business" has violated the French andEuropean laws that protects
Given that the patent business is now growing internationally with the new
WIPO rules and EUDC and DMCA rules, I think this is a new form similar to
other "get rich quick" scheme, with pyramidal sales of patents registered
with no real new invention and no effective application by the registrant,
and lots of invalid claims for prior arts, making the patent nearly void in
See an email sample in spamcop.spam (same date, same title, sent by me).
Should I seek advice at the French registry (the INPI, Institut National de
la Propriété Intellectuelle) ? I fear that it is also illegal business, or
that the patent claims are all invalid (so the value given is false, because
there's no service for the payed value, and this email also constitutes
false advertizing), all of them being criminalized in France.
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