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

11.26.15

Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

Posted in Europe, Patents at 12:48 pm by Dr. Roy Schestowitz

By unknown, who is intimately familiar with EPO matters

John Bull
1888 (in public domain): American cartoon of John Bull (England) as an Imperial Octopus with its arms (with hands) in – or contemplating being in – various regions.

Summary: Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public…”

THE staff of the EPO generally longed for and supported the creation of a community patent, as thought that it would have meant a cure for many of the original sins of the EPC.

It was believed, or hoped, that the EPO could become in the process an organ of the European Union, which, despite all its flaws, would have most probably brought an improvement in the governance of the organisation and the lot of the staff.

“The staff of the EPO generally longed for and supported the creation of a community patent, as thought that it would have meant a cure for many of the original sins of the EPC.”Just look at the shabby display given every quarter by the dysfunctional EPOrg’s Administrative Council, dominated as it is by a self-serving clique that cows it into submission through arm twisting and client politics.

Becoming a part of the EU could have meant for staff improved conditions in matters such as taxes, pensions, union recognition and collective bargaining, legal protection, conflict resolution…

“To sum it up, the implementing regulations are rubber-stamped by minor bureaucrats dwelling way down the food chain, and not decided by national parliaments.”As for the citizens of Europe, it could have brought improvements in its control of patent law, as changing an EU Directive or Regulation is still vastly simpler than amending the European Patent Convention through a diplomatic conference, and involves some form of debate in the EU parliament.

Then there are also the EPC implementing regulations, into which many sections of the convention were transferred with the EPC 2000 revision. Like the saying goes, “the devil is in the details”, and such details are created by the EPO’s legal department under instructions of the President, and submitted for approval to the AC [see above...]. And then the AC is essentially composed of civil servants from National Patent Offices and/or National Departments for Trade and Industry.

To sum it up, the implementing regulations are rubber-stamped by minor bureaucrats dwelling way down the food chain, and not decided by national parliaments. These bureaucrats have at heart a Sir Humphrey like interest in preserving their little fiefs [e.g. the Croatian patent office], which should have been wound up long ago had there been a real will for a truly European patent.

“If those bloody foreigners can roam around your territory without needing your permission, why make more of a fuss when it comes to patents?”Among the roadblocks to a proper EU patent were inter alia languages: the EPO accepts applications in DE, EN, FR. The EU must function in 24 languages. I think that a compromise could have been found in which all languages could have been accommodated, as the number of applications stemming from Europe which are not in the three EPC official languages aren’t wholly unreasonable. TR, GR, and IT already translate their national applications before sending them on to the EPO for prior art searches and opinions on patentability.

Then there was the issue of EU membership. EPC members TR, CH, and NO do not [currently] belong to the grand design, but this didn’t have to be an insurmountable problem. These countries already accept that a foreign body, the EPO, decides on whether a patent has legal force over their territory. This organisation is already EU-dominated, and even then, the parliaments [or strongmen...] of TR+CH+NO have presently next to zilch influence in the running of the EPO.

“My feeling is that the real issue is money, about which very little is discussed in public…”Then there is the fact CH+NO are part of that other EU-invented club called “Schengen”. If those bloody foreigners can roam around your territory without needing your permission, why make more of a fuss when it comes to patents?

My feeling is that the real issue is money, about which very little is discussed in public…

“Something must yield to make work that Unitary Patent monstrosity they came up with, and that is the EPO’s staff.”Something must yield to make work that Unitary Patent monstrosity they came up with, and that is the EPO’s staff. For the language and membership issues, the EPO must remain this autonomous death start which has been hovering above the continent for 40 years. And Battleship Eponia’s “independence” is essential for making staff become what they call in French a “variable d’ajustement”, i.e., the fudge factor which will mop up all the inconsistencies in that unitary contraption.

“This could explain why Battistelli equates any sign of resistance against his iron will to be opposition to the UP.”This could explain why Battistelli equates any sign of resistance against his iron will to be opposition to the UP. Is that association even conscious?

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. IRC Proceedings: Tuesday, October 15, 2019

    IRC logs for Tuesday, October 15, 2019



  2. No, Microsoft is Not an 'Open Source Company' But a Lying Company

    The world’s biggest proprietary software companies want to be seen as “open”; what else is new?



  3. Meme: Setting the Record Straight

    Stallman never defended Epstein. He had called him “Serial Rapist”. It’s Bill Gates who defended Epstein and possibly participated in the same acts.



  4. EPO Staff Resolution Against Neoliberal Policies of António Campinos

    “After Campinos announced 17 financial measures,” a source told us, “staff gathered at multiple sites last week for general assemblies. The meeting halls were crowded. The resolution was passed unanimously and without abstentions.”



  5. Satya Nadella is a Distraction From Microsoft's Real Leadership and Abuses

    "I’m merely wondering if his image and accolades that we’re incessantly bombarded with by the press actually reflect his accomplishments or if they’re being aggrandized."



  6. Raw: EPO Comes Under Fire for Lowering Patent Quality Under the Orwellian Guise of “Collaborative Quality Improvements” (CQI)

    Stephen Rowan, the President’s (António Campinos) chosen VP who promotes the notorious “Collaborative Quality Improvements” (CQI) initiative/pilot, faces heat from the CSC, the Central Staff Committee of the EPO



  7. Making The Most of The Fourth Age of Free Software

    "For better or for worse, we can be certain the Free Software Foundation will never be the same."



  8. FSF is Not for Free Speech Anymore

    The FSF gave orders to silence people



  9. Links 16/10/2019: Plasma 5.17.0, Project Trident Moves to GNU/Linux, NuTyX 11.2

    Links for the day



  10. ...So This GNU/Linux User Goes to a Pub With Swapnil and Jim

    It's hard to promote GNU/Linux when you don't even use it



  11. How to THRIVE, in Uncertain Times for Free Software

    "The guidelines are barely about conduct anyway, they are more about process guidelines for "what to do with your autonomy" in the context of a larger group where participation is completely voluntary and each individual consents to participate."



  12. When They Run Out of Things to Patent They'll Patent Nature Itself...

    The absolutely ridiculous patent bar (ridiculously low) at today’s EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year



  13. EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

    Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices



  14. Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

    Team UPC (“empire of lies”) is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything



  15. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  16. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  17. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  18. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  19. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  20. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  21. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  22. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  23. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  24. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  25. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"



  26. "Widespread Adoption" (Did You Mean: Takeover by Monopolies?)

    "Quite a few of them are people that would rather replace David with Goliath, just because he's bigger. Quite a few are already taking money from Goliath."



  27. Links 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  28. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  29. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  30. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable


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