Bonum Certa Men Certa

EPO No Longer in the 'Business' of Just Granting Patents But Politics and Lobbying Also

The European Patent Office became a political-corporate body

EPO for UPC



Summary: An interpretation of the EPO's ambitions (at the managerial level) and how it relates to its bizarre role inside the EU (back in the latter's infancy)

OVER the weekend, due to an unprecedented backlog (we receive a lot of material), we published almost a dozen articles, mostly about the EPO (see our Wiki for a complete list of these articles). Both on Saturday and on Sunday we took note of UPC lobbying by Battistelli, which wasn't exactly news to us. We wrote about EPO lobbying for the Unitary Patent several times before, e.g. [1, 2], and this previous lobbying served to show that -- to use SUEPO's older words -- the EPO is "out of control".



"The I.U. or Control Risks might be exempted from these Office-wide bans and we already know, based on accusations against staff representatives, that Techrights is really worrying to both the I.U. and Control Risk."Just before the weekend we implemented new anti-DDOS (or DDOS prevention/mitigation) techniques and this morning, despite the fact that Techrights has been banned from inside EPO networks, IP addresses from inside the EPO (unambiguously registered as "European Patent Office") got banned for traffic floods. The I.U. or Control Risks might be exempted from these Office-wide bans and we already know, based on accusations against staff representatives, that Techrights is really worrying to both the I.U. and Control Risks. The latter might be able to use parallel construction to gather ‘evidence’, in our humble assessment -- a subject of ongoing discussion [1, 2]. If these aren't the symptoms of a out-of-control public service, what is?

Someone has sent us several pointers suggesting that the EPO has been out of control for quite a long time.

To quote Jean-Dominique Giuliani, président de la Fondation Robert Schuman:



On ne peut donc exclure de voir se développer, sous le contrôle de la Cour de justice, voire du Parlement ou de la seule Cour des Comptes européenne, des Autorités indépendantes qui réguleraient le marché intérieur ou même qui jugeraient des contentieux spécialisés en première instance. C'est une évolution qui a commencé. Déjà la Banque centrale européenne échappe au contrôle de la Commission. L'Office européen des Brevets ne relève pas de sa compétence. Sur les 31 agences de l'Union, trois seulement relèvent de programmes communautaires, 6 dépendent du €« troisième pilier €», c'est-à-dire de la coopération intergouvernementale et les 22 autres €« agences communautaires €» disposent, pour certaines d'entre elles, d'une quasi-indépendance comme l'Agence européenne des médicaments.
Il y a de fortes probabilités pour que les nouvelles compétences européennes, et même certaines plus anciennes, relèvent dans un avenir proche de régulateurs européens. Pensons à l'énergie, à la télévision, aux télécommunications. Ces évolutions conditionnent les changements qui pourraient intervenir dans ce qu'il est convenu d'appeler la €« méthode communautaire €».



Here is one in English. Herein (Internet/Web Archive) Richard Poynder discusses the European patent system with Gert Kolle, Director for International Legal Affairs at the European Patent Office in May 2000:

RP: I have seen it suggested that the Community patent should be combined with the EPO system, and the EPO made an EU organisation. Is that a likely way forward?
GK: This is of course a highly political question. Certainly so far no such proposal has been made officially. Rather it is likely there will be an agreement between the EU and the EPO, which would specify what our tasks were in carrying out the regulation of the Community patent.



Alfons Schäfers, German lawyer and representative of Deutsche Vereinigung für gewerblichen Rechtsschutz und Urheberrecht (GRUR), was interviewed [PDF] by SUEPO and said:

Suepo: What should the relationship between the EU and EPO?

Alfons Schäfers: The EPO should become part of the European Union, like the OHIM in Alicante. To keep the EPO outside that framework is quite ridiculous at a time when the EU is expanding to the political and historical boundaries of Europe. The EU institutions — especially the European Parliament, must be given the wherewithal to exercise firm democratic control and to frame and implement European patent legislation. That is the only way to overcome the European Parliament's growing suspicion of patent law.



Regarding the European Patent, as it was known at some point (the name changed many times over the years), here is a classic:

5.1. General structure of the European patent

Do you share the view that the current structure of the European Patent Office, a body which is independent of the Community institutions, does not entail disadvantages for users which should be overcome through a different legal structure which is more closely integrated into Community law?



No, the chemical industry does not share this view, as the current structure is wrong. The EPO should become an EU Institution, and pursue its task to manage the European patent, which is a bundled one, and run as well the new Community unitary patent. It should be run efficiently and at running costs. Arrangements should be made with those countries which are not member of the EU so that they still have access to the European patent.



Source: Web Archive [PDF]



Notice just how far back it all goes.

"Who needs ludicrous stuff like I.S.D.S. when you have the EPO Trojan horse right inside the government, complete with politicians and political connections, not to mention spies (like covert operations), immunity from the law, and exemptions from basic human rights?"From being merely a quasi-private institution (we have future articles about it) the EPO has become part of the state and now serves multinational corporations. Who needs ludicrous stuff like I.S.D.S. when you have the EPO Trojan horse right inside the government, complete with politicians and political connections, not to mention spies (like covert operations), immunity from the law, and exemptions from basic human rights? Remember that, moreover, the EPO is a state-mandated monopoly, so it's effectively "too big to fail".

The EPO is worse than the Vatican. At least the Vatican isn't a corporate entity but a religious one. The Vatican does not have a suicides epidemic, either.

Recent Techrights' Posts

[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day