EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.24.15

EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

Posted in Europe, Patents at 11:08 am by Dr. Roy Schestowitz

Lives of ordinary Europeans silently compromised

Canal and house

Summary: The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay

Ahead of the May 5th Unitary Patent decision we have been hoping for stronger action and a push/effort that puts the underlying issues in European media. Sadly, however, it has been quiet on this front. Secrecy plays a role in this relative calm. If Europeans knew what was going on and what was really at stake, they would be up in arms, marching in the streets everywhere (hundreds of millions of them). Ignorance — induced by silence or passivity — works in favour of the rich looters. Most people are just too lazy or too apathetic to study these issues, which tie into several other issues that do in fact have Europeans marching in the streets (many protests reported last week and this week).

For the uninitiated, the Unitary Patent can lead to software patents (and with them patent trolls) in Europe. The Unitary Patent offers a lot to large corporations and just about nothing to ordinary European citizens. It’s corporations-led and plutocrats-steered globalisation — like that which we find in TPP and similar treaties that have nothing to do with ‘freedom’ or ‘trade’, just passage of wealth from the bottom to the top (trickle-up effect).

Over in the United States, software patents continue getting weaker, but it doesn’t prevent opportunists from making self-promotional noise. Here is press releases celebrating software patents earlier this month and another couple of brags about software patents. As we shall show another day, however, the real trend is the demise of software patents, especially once they reach the court. This is why the vocation of patent courts in Europe matters so much. It’s a hugely important decision, but the public is not contacting European officials.

In the US, even automobile companies (remember where the first software patent came from, granted to Martin Goetz) acquire patents on software. As this month’s report from “Fortune” Magazine put it, “the automaker has also been getting into the software space, according to patenting data, which shows that GM filed 592 software patents over the past five years, accounting for over 15% of their patenting activity.”

Well, Europe has a large automobile industry (engines manufacturing for example) and with it there’s the risk of patents on software creeping in. Some companies sure are working on it and amid USPTO misconduct (glorifying patents by manipulating the process; see this related new propaganda from patent lawyers’ media) we should keep alert. Those who are familiar with controversial ‘trade’ treaties in the EU ought to know by now the role of automobile giants in selling out European citizens.

The EPO, whose current management is dominated by large and greedy corporations, increasingly copies the USPTO for increased private profits, introduced by poor quality patents that include software patents.

Referring to the Unitary Patent, Dr. Glyn Moody now writes that it shows “Why is EU Pushing Itself into Irrelevance” (he frames this as a question).

“Although I haven’t written about the Unitary Patent for a while now,” Moody says, “it hasn’t gone away – alas. Instead, it is still grinding through the ratification process that is necessary before it comes into force. There are many questions about how it will work in practice, and whether it will offer any real benefits to European companies. So it’s strange that the European Commission recently came out with a total puff-piece on the subject, which tries to convince people that it’s all going to be great. As you will see if you click on that link, that puff-piece also seems to have disappeared, which is rather telling (if anyone finds it again, please let me know.)”

Moody refers to text which can still be found here. He concludes as follows: “Assuming the Unitary Patent ever comes into being – and a legal challenge from Spain at the Court of Justice of the European Union is just one reason why it might not – the new Unitary Patent and the Unified Patent Court that will rule on disputes are both essentially outside the control of the European Commission, existing in a bizarre political limbo that is one of the most problematic aspects of the whole idea, as I’ve noted before. Leaving aside the fact that many statements on the vanished page are/were simply wrong, the larger question has to be: why on earth is the European Commission pushing an idea that will not only marginalise its own role, but make it highly likely that European companies will be forced to start paying an exorbitant patent troll tax like their American colleagues? One, moreover, that will be particularly problematic for the open source world which has few resources to fight back.”

It sure looks like the European Commission, which has been defending the EPO (and by extension software patents in Europe), is working hard to make the Unitary Patent a reality. This is really bad. The only thing worse is that SUEPO has been almost silenced and EPO staff has not been so active in fighting back as of late. Based on this April 23rd press release: “At a round table meeting jointly initiated by the Chairman of the Administrative Council, Jesper Kongstad, and EPO President Benoît Battistelli, the SUEPO and FFPE entered into a process which could eventually lead to their formal recognition as trade unions at the Office for the first time in EPO history. The meeting’s aim was to re-launch social dialogue to overcome disputes that have arisen over the inner reform agenda of the EPO.”

This does deal with some rights of staff, but it still does not deal with corruption in the EPO, appointment of criminals, expansion of patent scope, etc. The EPO’s management not only crushes EPO staff (leading many to suicide); it is crushing top people from the Enlarged Board of Appeal and on April 21st we learned from the EPO’s site about bizarre amendments that include: “In proceedings under Article 112 EPC the Board may, on its own initiative or at the written, reasoned request of the President of the European Patent Office, invite him to comment in writing or orally on questions of general interest which arise in the course of proceedings pending before it. The parties shall be entitled to submit their observations on the President’s comments.”

Why is the EPO run like a tyrannical regime where the so-called ‘President’ (with capital P) can exercise total power and intervene even in the processes of peripheral and presumably independent bodies? The EPO is corrupt and to make matters worse, it now seems as though many who are supposed to act as regulating forces are now complicit in making it more powerful — empowered to help the super-rich at the expense of everyone else.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  2. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  3. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  4. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  5. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  6. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  7. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  8. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  9. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  10. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  11. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  12. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  13. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  14. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  15. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  16. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  17. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  18. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active



  19. New EPO Meme: Who Wants to Make Billions From a 'Public' Monopoly?

    What was supposed to be a cash-balanced patent office became a money-making monster that fakes ‘crises’ to attack hard-working examiners



  20. EmacsConf Without Richard Stallman

    Now that emacs is being 'rebranded' this kind of meme seems apt



  21. IRC Proceedings: Thursday, October 17, 2019

    IRC logs for Thursday, October 17, 2019



  22. Guest Article: In the Absence of Richard Stallman OEM Source Software ('Open Source') is Trying to Hijack Even Emacs

    "Now they have to create some fictional history. No need to worry."



  23. Guest Article: Techies Should Not Dictate the Free Software Movement

    "We should start a second phase of the Free software movement that's making good software and putting users at the center."



  24. Links 17/10/2019: Ubuntu Turns 15, New Codename Revealed, Ubuntu 19.10 is Out

    Links for the day



  25. Free as in Free Speech (Restrictions May Apply)

    When limits of speech are not safety-related rules but political correctness or conformism



  26. There Won't be Patent Justice Until Patent Trolling Becomes Completely and Totally Extinct

    SLAPP-like behaviour and extortion/blackmail tactics using patent monopolies are a stain on the patent system; it's time to adopt measures to stop these things once and for all, bearing in mind they're inherently antithetical to the goal/s of the patent system and therefore discourage public support for this whole system



  27. EPO Staff Union and Staff Representatives Ought to Demand EPO Stops Bullying Publishers and Censoring Their Sites

    An often neglected if not forgotten aspect of EPO tyranny is the war on information itself; EPO management continues to show hostility towards journalism and disdain for true information



  28. Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

    It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)



  29. The Free Software Foundation (FSF) Lost Almost Half (3 Out of 8) Board Members in Only One Month

    As the old saying goes, a picture (or screenshot) is worth a thousand words



  30. IRC Proceedings: Wednesday, October 16, 2019

    IRC logs for Wednesday, October 16, 2019


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