Bonum Certa Men Certa

Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

EPO and Microsoft



Summary: A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

AS ANYONE who has read this blog for a while ought to know (even based on yesterday's post, which is very hot in Reddit right now), Microsoft viciously attacks its competition -- including Free/libre software such as GNU/Linux -- using software patents, even in Europe (recall the Dutch company TomTom for instance) where software patents are in principle not legal. Now we know why the EPO lets that be. It very much affects Free software and Linux, which Techrights is principally about. It also helps show how Microsoft's dirty tricks continue, carrying on behind closed doors; Microsoft -- like the EPO -- thinks it is above the law.



Days ago we learned about Microsoft's 'special' relationship with the EPO under Battistelli's lead. We kept quiet about it because the security of our sources is paramount. It reminded us of Microsoft's 'special' relationship with Sarkozy et al. Well, now that it's out (Merpel posted fragments from it at 4AM this morning), we are ready to show what several sources have independently leaked to us. Comparing the material from different sources helps verify authenticity. It is largely (but not only) based on the latest SUEPO publication. There is an article about the investigation of Control Risks in there, but we'll leave that for another article as it deals with a separate subject.

As we noted last week and also yesterday (noting that Microsoft had begun lobbying regarding the UPC, trying to shape European law despite being a US company), there is serious corruption here and it helps remind everyone in Europe who the EPO really serves. It's all about multinational/foreign giants, not European companies (let alone European people). The EPO is grossly discriminating against small companies. It's truly an abomination. Corruption seems to be rampant across Europe -- contrary to common belief outside the EU.

Rather than bore readers with repetition of arguments and a story, we are going to highlight parts of the article from Merpel and remind readers that Microsoft exploits software patents to launch legal battles against Linux and Free software-friendly companies, despite software patents being illegal in Europe.

From the first part of Merpel's article:

EPO queue jumping part 1 - Don't be an SME"



"Here’s an interesting thought experiment about how patent offices should operate. Two patent applications are pending at the European Patent Office (EPO). Imagine that one was filed several years ago by Microsoft, and the other was filed at the same time by (say) an Italian SME which files “only” 10 patent applications per annum."

[...]

"However, this pilot programme seems different, both in terms of purpose and in terms of execution. There is something imbalanced in having high-ranking EPO officials make a pilgrimage to the premises of large applicants “to ensure that we do not lose workload market share”. There is an element of bending the knee involved that makes Merpel uncomfortable."

[...]

"The implications of this are astounding. Smaller applicants are being discriminated against because they don’t have the clout of threatening to pull their business from the EPO. But if you’re a major contributor to the EPO’s coffers, your cases will get priority at the expense of smaller applicants.

"Merpel hopes this is all untrue, but it has the “stranger than fiction” quality that is characteristic of many EPO stories that have proved accurate. Anyone who knows more and who can comply with the normal rules of comment etiquette, please do tell!"


Here are the relevant original bits:

Changing priorities in DG1 Earlier this year the Office issued two internal memos entitled “Closer Contacts with Major Applicants”. The reason given was to
“foster a better esprit de service, not least to ensure that we do not lose workload market share to other major Offices”.
We cite further:
“The ICT cluster has had close contact with both Canon and Microsoft recently and their experience prompted this pilot… The pilot started on 1.4 for ten major applicants.... For the 10 applicants, there will be one DG1 director in direct contact with one person in the company… The idea is that the DG1 director will be in regular contact ... with his counterpart from the applicant and that at least once in the pilot year there will be a high level visit (PD, directors, DG2 and DG5 representatives where necessary) to the company.”


And also:

One of the early off-shoots was that directors and examiners were gently reminded that the Office had entered in a closer cooperation project with Microsoft, so could the examiners please take care of a list of [overdue] Microsoft files for which the deadline [for the examiner to issue a communication] had expired? We obviously have no problems with reminders to examiners to prioritise files that are overdue. But such reminders should cover all files that are similarly overdue, not just those of a specific applicant.


Merpel did a fine job explaining what's wrong with the above and went on to commenting on the EPO's corruption of French media, publishing part two just 3 minutes later (at 4AM her time). To quote the outset: "Part 1 of this guide to getting your application examined earlier started with a thought experiment: should a multinational's application get examiner more quickly than an SMEs. The answer is no, but the EPO may be subtly reminding examiners to prioritise such files nonetheless at the expense of smaller applicants. Now for an even easier thought experiment. You can do this one with your eyes closed, which of course is the recommended approach for all thought experiments anyway. Two applicants (Señor Lopez from Barcelona and Monsieur Durand from Marseille) file their patent applications at the EPO on the same day. Both applications are in the same technical area. Also, both are first filings for which the EPO is committed to providing a search report and written opinion at an early stage."

We recommend Merpel's original article about this. As always, with the pseudo-anonymity offered by Google's Blogspot (in the NSA PRISM programme, which isn't too far from Control Risks staff), there are also many comments there, sometimes from EPO staff.

IP Kat beat Techrights to it regarding this scandal not just due to lack of time (we have returned from vacation) but because we are careful not to compromise sources. IP Kat thankfully reported this corruption before we did, so if anyone gets caught, it won't be our fault. We thought twice before publishing anything at all about this. If any of our readers can share information of value with us, please ensure anonymity (a lot more important than encryption in this case), then message roy@schestowitz.com. Provided the information does not put anyone at risk, we promise to give it the attention it deserves.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026