04.24.15

Gemini version available ♊︎

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  2. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  3. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  4. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  5. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  6. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  7. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  8. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  9. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  10. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  11. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  12. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  13. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  14. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  15. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  16. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  17. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  18. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  19. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  20. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  21. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  22. Links 31/01/2023: elementary OS 7

    Links for the day



  23. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  24. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  25. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  26. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  27. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  28. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  29. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  30. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that


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