03.31.13

With Unitary Patent Scheme, EPO Pushes Hard for Software Patenting (More Leech Income)

Posted in Europe, Patents at 4:09 am by Dr. Roy Schestowitz

EPO logo

Summary: The dark side of the European patent system as revealed and explained in some recent posts

While the “FFII Challenges Software Patents in Europe,” as we put it quite recently, not enough is being done to effectively stop the agenda of multinationals that want software patents everywhere. The FFII and its members have been quiet recently, so the lobbyists can advance with little or no interference.

For software patents in the EU to be rapidly phased in (e.g. through trans-Atlantic unification), the unitary patent is being advanced. The EPO President wrote the other day that the first committee meeting was imminent:

After the adoption of the EU regulations on the unitary patent in December 2012 and the recent signing of the international agreement on the Unified Patent Court, a further milestone was reached last week with the convening of the so-called Select Committee. Representatives of the 25 member states participating in the unitary patent met with the EPO in Munich for the first time, and the European Commission as observer, to launch the Committee’s work.

That this first meeting could take place so soon after the signing of the agreement on the Court is in my view a clear sign of the political will of the participating countries to implement the unitary patent as soon as possible. The results were very positive. The Committee elected two highly qualified and committed participants in the unitary patent process – Jerôme Debrulle, head of the Belgian delegation, and Lubos Knoth, head of the Slovak delegation – to serve as its chair and vice-chair. It also initiated the discussion of its rules of procedure and launched an ambitious plan for its further work in the coming months.

Glyn Moody, a Brit, hopes that Spain can stop this. Last week he asked, “Has Spain Just Slammed On The Brakes For Europe’s Unitary Patent Plans?”

One thing is for sure: if the brakes have indeed been slammed on for the Unitary Patent project, they are unlikely to come off for a good while unless something dramatic happens.

Spain was previously blackmailed for support. In the mean time, reveals TechDirt, EPO is pushing for patent maximalism with financial incentives. Big mistake!

European Patent Office Gives Staff Bonus For Issuing Bumper Crop Of Patents: What Could Possibly Go Wrong?

[...]

This gives it an independence from the European Union that is problematic for patent law there. For example, back in 2005, the European Parliament voted definitively not to allow software patents in Europe. And yet as an excellent analysis published on the IPKat site explains, the EPO has continued to move steadily towards granting more and broader software patents in Europe.

Also from TechDirt, here is a recent rebuttal to the idea that by granting more parents you improve innovation. It is utter nonsense of course.

This is unfortunate. Despite plenty of research showing that patents do not, in fact, lead to increased innovation (but rather increased patenting), many still assume that there’s a direct linkage. Of course, it is true that many successful industries see high rates of patents, but there is evidence that patents tend to lag the actual innovation, rather than predate it. That is, once an area or industry is innovative and successful then everyone rushes in to get patents and try to extract their piece of the pie, often slowing down the pace of innovation.

More developers across Europe need to protest against the EPO for choosing to pretend that merely granting a patent somehow improves innovation and brings economic benefits to Europe.

“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

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2013/03/31/unitary-patent-and-epo/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  2. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  3. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  4. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become



  5. Gemini Gateways for IPFS

    The World Wide Web is fine for a lot of things, but for controversial publications and publications that invoke the 'wrath' of corporations/states/plutocracy we must look beyond the traditional protocols, choosing decentralised means and self-hosted means of publication (instead or at the very least in conjunction)



  6. Challenging Times for EPO Management

    A discussion of the status quo at Europe's second-largest (but scarcely-understood) institution, subjected to a JURI hearing tomorrow afternoon



  7. “The Fighters of Freedom”

    Some anime fans have made this video about recent events



  8. IRC Proceedings: Saturday, April 10, 2021

    IRC logs for Saturday, April 10, 2021



  9. [Meme] Bundestagate Series Spoiler

    The chain of command/s at the EPO typically leads to major tragedy



  10. Breaking News: Campinos to Appear Before the Legals Affairs Committee of the European Parliament on Monday 12 April

    "Some MEPs have been briefed about ongoing governance deficits at the EPO, in particular the lack of GDPR compliance and the sell-out of "digital sovereignty" to Microsoft, but it remains to be seen whether or not they will dare to bring these issues up during the hearing."



  11. Pro-FSF Petition (“An Open Letter in Support of Richard Matthew Stallman Being Reinstated by the Free Software Foundation”) Tops 6,200 Signatures

    Monopolies and their media, along with their NGOs, have spoken and incited based on falsehoods; people now respond so the hate letter has a real crisis



  12. Links 10/4/2021: osbuild 28, KDE Frameworks 5.81.0

    Links for the day



  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?

    We examine the role of Christoph Ernst in EPO management, both in the Benoît Battistelli era and the António Campinos era (plenty to hide)



  14. USPTO for Monopolies, Keeping GNU/Linux in the Dark

    Growing evidence of gross discrimination against GNU/Linux (or Free software, even BSD/UNIX) users at the USPTO is too hard to ignore; some people out there challenge the Office over this travesty



  15. Accessibility and Availability First

    To make Techrights more widely accessible and more difficult to block/censor we've been making further changes, including self-hosting where possible



  16. Self-Hosting Videos With Free Formats and Animated Previews, Watermarks/Logos and Translucency

    We examine the power of video editing with ffmpeg, chained with command-line scripting and HTML5 features



  17. Links 10/4/2021: Linux on M1, Wine 6.6, ClamAV 0.103.2

    Links for the day



  18. Lunduke: On Mob Justice in the Tech Industry

    A new video from the former Microsofter who fears the phenomenon that’s adopted by companies like IBM



  19. IRC Proceedings: Friday, April 09, 2021

    IRC logs for Friday, April 09, 2021



  20. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli

    Local copies with evidence of or something concrete about Benoît Battistelli’s connection to unsavoury — and by today’s standards outright fascistic — politics



  21. IBM Doubles Down on Masters Being an Acceptable Word in the Context of Technology

    3 days after this post which disproves IBM's stance or shows its double standards it once again says “Masters” in its official blog (won’t that offend and alienate some people as they insist?)



  22. Hate Letter Against Richard Matthew Stallman (RMS) Backfired So Spectacularly That Signers Asked to Revoke Their Own Signatures and the List Was Then Frozen Permanently (Updated)

    "An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation" tops 6,100 signatures (graph generated just moments ago)



  23. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst

    The right-hand man of António Campinos plays a role similar to that of Herr Lutz before him



  24. Links 9/4/2021: Tanglet 1.6.0 and HPVM 1.0

    Links for the day



  25. The Libel Against Richard Stallman Did Not Age Well

    Almost 2 years down the line libel about the founder of the FSF remains online, uncorrected (in sites funded by Microsoft and IBM)



  26. The Letter in Support of the FSF and Richard Stallman is Backed by the International Community, Not American Monopolies and Nationalistic Elements

    Free software is for everybody to use, internationally, it is not the asset of a bunch of current and old monopolists (connected to the US military) that also control the media; the nature of the signatures says that out loud



  27. Gemini Over IPFS (Decentralised Web, Accessed Over Gemini Protocol)

    The Gemini protocol (gemini://) can already be used to fetch (at the back end) and present objects from a P2P-like network; we're currently exploring practical use cases and possibilities



  28. News Sites That Talk About Patents Have Become Shameless Self-Promotion 'Plugs' by Law Firms (and Sometimes Outright 'Spam' for Litigation)

    The sources of news about patent affairs have dried up; sites that actually used to investigate and report facts have since then shut down or defected to the Public Relations/marketing industry



  29. Links 9/4/2021: Kubernetes 1.21 and FFmpeg 4.4 Released

    Links for the day



  30. IRC Proceedings: Thursday, April 08, 2021

    IRC logs for Thursday, April 08, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts