Bonum Certa Men Certa

EPO Management Lobbies for the Unitary Patent (UPC) and Uses This to Advance Software Patents in Europe

More profit for the Office, so what's not to like?

Looking for tumour



Summary: A short notice regarding the EPO's verboten involvement in European politics and European policy-making; comparing the situation in Europe (with the EPO) to that of India, where highly discreet and notoriously intensive lobbying by foreign corporations led to the apparently-irrevocable phasing in of software patents, to the detriment of locals

THERE is a very clear and widely-recognised reason why the EPO must stay out of patentability criteria debates, especially now that the EPO operates like a business whose sole (or at least primary) goal seems to be maximising profit, not encouraging/fostering innovation. The fox must not be left to guard the hen house. Nevertheless, as we showed just one day ago, the EPO is intervening politically in UPC-related debates. This is just wrong. It should not ever be done, but then again, for the EPO to step out of line with the law would not be unprecedented. The EPO enjoys impunity (no clear jurisdiction due to ambiguity) and immunity from European laws. It's like a cancer at the very heart of Europe (hence the photo signifying a potential tumour above), always seeking to expand its sphere of influence and power, even if by expanding patent scope beyond what's necessary and tactful (not a facts-based analysis), lowering the patent bar (e.g. by rushing examiners whose goal is to identify duplicates), and raising fees by asserting that applicability -- border-wide -- is further broadened for injunctions/embargoes/sanctions, higher damages, and so on. One can easily see how this relates to TPP, especially if one is already familiar with TPP (and/or the likes of it).



"It should not ever be done, but then again, for the EPO to step out of line with the law would not be unprecedented."The "EPO admits," said the FFII's President this morning that "[t]he Unitary Patent is about software patents after all" (as he warned all along). IP Magazine is quoted by him as saying that the EPO's "G[rant] Philpott [said] UPC to provide strong harmonisation in ICT applications that will play a dominant role in patent world" (remember what ICT means). Guess whose system they hope to integrate with, eventually? Also recall that TPP pushes for software patents, requiring signatories to phase them in, in due course. It means software patents in Europe. According to this page about CeBIT 2016, Grant Philpott (shown to the right) is "Principal Director of the main ICT area at the European Patent Office, managing the EPO's operational areas of Computers and Telecommunications and responsible for nearly 700 examiners in The Hague and Munich."

Grant PhilpottIt sounds like he is highly regarded, but remember that his systems are also blocking Techrights. Too gory a Web site? Gross censorship is what this really is. Techrights is safe for work (SFW) and it provides plenty of references to support its allegations. Techrights was never censored before; not until it covered the EPO affairs. This culture of censorship and self-censorship at EPO has truly become a disease, as we last explained about 6 weeks ago. Then there is mass surveillance (the perfect blunt instrument for inducing self-censorship) just as well -- a topic we remarked on in posts such as the following:



Philpott's computer systems should focus on helping to grant well-earned patents, not replicate the Stasi in a 'public' building in Munich (further enhanced with keyloggers and remote screen grabbers).

India Too Experiences Assaults on Software Patents Exclusion



Watch out as not only Europe is having software patents injected into it, using all sorts of secret treaties like TPP and the UPC. Recall the recent efforts to officially introduce software patents in India, after giant corporations (like those which Modi recently visited aplenty in the US) lobbied the Indian government, as always beforehand. There has been a very strong push from the likes of Microsoft and even IBM to do so.

There is now a response to all this, composed by Mishi Choudhary, a famous Free software proponent from India and Director of International Programs at the Software Freedom Law Center (SFLC). She says that "Section 3(k) of the Patents Act, 1970 excludes mathematical methods, business methods," but she also reminds readers of what gave Indian startups their edge. It's the lack of software patents, not saturation of them, contrary to what some lobbyists are misleadingly claiming right now (we named some of them last week and they include IAM 'magazine'). Choudhary says that "[e]very city or town, big or small, is seeing a spurt of startups that do path-breaking work in the areas of software products, mobile apps and embedded products. However, these firms could soon be threatened by the dark clouds looming large over the technology horizon of India in the form of software patents."

The same goes for European software firms, irrespective of their licensing method/s, be it proprietary-leaning or Free software (copyleft). There is a coordinated attack by software conglomerates against any challenge from small firms anywhere in the world. It's protectionism for the already-affluent and it shouldn't be tolerated by the public. People should protest; the more vocal and the louder the public becomes, the harder it will get for politicians to sign such atrocious deals (or new laws) in secret, usually at the behest of their shady corporate masters.

Recent Techrights' Posts

The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
 
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025