Bonum Certa Men Certa

Is the EPO Selling Out to Microsoft?

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



Alison Brimelow



ACCORDING TO THE FFII, the EPO which is headed by Alison Brimelow (above) is perhaps acting against common sense and violating ethical guidelines by allowing the European Parliament no room in an important debate over software patents. What about the EBoA, which seems to be neglected for the time being?

“Microsoft-sponsored Czech presidency is working to ram software patents down the throat of the EPO using the so-called ‘Community’ patent.”Meanwhile, as we've been seeing recently [1, 2], the Microsoft-sponsored Czech presidency is working to ram software patents down the throat of the EPO using the so-called 'Community' patent. Those scare quotes are there to indicate that it's one of these words which come to mean exactly the opposite of what they were supposed to mean, similar examples being "globalisation", "harmonisation", "libertarian", "democracy", and "conservative". It's an attack on people's vocabulary and their ability to express ideas, even the ability to criticise what becomes glorified euphemisms.

The 'Community' patent is very anti-community in the sense that it's means for banning Free software which is developed by real communities. According to IAM Magazine (subscription needed), the Czech deputy prime minister is the latest among the culprits.

Only last week the Czech deputy prime minister was saying: "The key to innovation at times of crisis is incentivisation. Lack of IPR can be fatal to SMEs, who are the main drivers of our economy and who, according to many studies, outperform larger firms in terms of technological importance of their innovations." For this reason, he continued, the Czech presidency of the EU is "deeply committed" to finding solutions to the current Community patent and single jurisdiction impasses. It truly is a funny old world; especially in Europe


The rather alarming new press release is added below, in full. It sure seems like the EPO too has become part of this charade and already, as Microsoft's Marshall Phelps put it quite recently, the EPO "can’t distinguish between hardware and software so the patents get issued anyway." ⬆




EPO seeks to validate software patents without the European Parliament



Brussels, 17 March 2009 -- At the highest level of the European Patent Office (EPO), the legality of software patents in Europe is about to be tested. The FFII warns that the European Parliament is being bypassed by allowing a decision with EU-wide implications to be made without its involvement or any real debate.

The President of the European Patent Office (EPO), Alison Brimelow, has asked the Enlarged Board of Appeal (EBA) to decide on the interpretation of the European Patent Convention (EPC) regarding the exclusion of software from patentability. The EBA is replacing the European Parliament in order to validate software patents EU-wide without the need of a debate.

Benjamin Henrion, President of the association, says: "The current plan of the patent lobby is very clear: avoid a new software patent directive, validate the EPO practice via a central patent court, and guide the hand of the courts via a decision of the Enlarged Board of Appeal. They want to avoid the intervention of the European Parliament in substantive patent law."

The European Parliament has already criticized the lack of separation of powers within the EPO in its resolution of March 2000 on human cloning: "Considering that the EPO is an institution acting as judge and party, where the attributions and procedures have to be revised. [...] Demand the revision of rules of function of the EPO in order to guarantee that this institution can publicly justify the accountability in the exercise of its functions [...]."

Influential persons such Alfons Schäfers, German lawyer and President of GRUR, were pointing at the lack of democratic control over the EPO and was calling for a return within the EU legal framework: "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."

Henrion finishes: "What the EPO is doing is taking the place of the Parliament and skip the debate. The objective of this move is to guide the hand of the judges in order to achieve validation of software patents without a new law."

Interested parties have up to the last day of April to send their comments to the Enlarged Board of Appeal.

Recent Techrights' Posts

IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
 
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day