Bonum Certa Men Certa

EPO No Longer in the 'Business' of Just Granting Patents But Politics and Lobbying Also

The European Patent Office became a political-corporate body

EPO for UPC



Summary: An interpretation of the EPO's ambitions (at the managerial level) and how it relates to its bizarre role inside the EU (back in the latter's infancy)

OVER the weekend, due to an unprecedented backlog (we receive a lot of material), we published almost a dozen articles, mostly about the EPO (see our Wiki for a complete list of these articles). Both on Saturday and on Sunday we took note of UPC lobbying by Battistelli, which wasn't exactly news to us. We wrote about EPO lobbying for the Unitary Patent several times before, e.g. [1, 2], and this previous lobbying served to show that -- to use SUEPO's older words -- the EPO is "out of control".



"The I.U. or Control Risks might be exempted from these Office-wide bans and we already know, based on accusations against staff representatives, that Techrights is really worrying to both the I.U. and Control Risk."Just before the weekend we implemented new anti-DDOS (or DDOS prevention/mitigation) techniques and this morning, despite the fact that Techrights has been banned from inside EPO networks, IP addresses from inside the EPO (unambiguously registered as "European Patent Office") got banned for traffic floods. The I.U. or Control Risks might be exempted from these Office-wide bans and we already know, based on accusations against staff representatives, that Techrights is really worrying to both the I.U. and Control Risks. The latter might be able to use parallel construction to gather ‘evidence’, in our humble assessment -- a subject of ongoing discussion [1, 2]. If these aren't the symptoms of a out-of-control public service, what is?

Someone has sent us several pointers suggesting that the EPO has been out of control for quite a long time.

To quote Jean-Dominique Giuliani, président de la Fondation Robert Schuman:



On ne peut donc exclure de voir se développer, sous le contrôle de la Cour de justice, voire du Parlement ou de la seule Cour des Comptes européenne, des Autorités indépendantes qui réguleraient le marché intérieur ou même qui jugeraient des contentieux spécialisés en première instance. C'est une évolution qui a commencé. Déjà la Banque centrale européenne échappe au contrôle de la Commission. L'Office européen des Brevets ne relève pas de sa compétence. Sur les 31 agences de l'Union, trois seulement relèvent de programmes communautaires, 6 dépendent du €« troisième pilier €», c'est-à-dire de la coopération intergouvernementale et les 22 autres €« agences communautaires €» disposent, pour certaines d'entre elles, d'une quasi-indépendance comme l'Agence européenne des médicaments.
Il y a de fortes probabilités pour que les nouvelles compétences européennes, et même certaines plus anciennes, relèvent dans un avenir proche de régulateurs européens. Pensons à l'énergie, à la télévision, aux télécommunications. Ces évolutions conditionnent les changements qui pourraient intervenir dans ce qu'il est convenu d'appeler la €« méthode communautaire €».



Here is one in English. Herein (Internet/Web Archive) Richard Poynder discusses the European patent system with Gert Kolle, Director for International Legal Affairs at the European Patent Office in May 2000:

RP: I have seen it suggested that the Community patent should be combined with the EPO system, and the EPO made an EU organisation. Is that a likely way forward?
GK: This is of course a highly political question. Certainly so far no such proposal has been made officially. Rather it is likely there will be an agreement between the EU and the EPO, which would specify what our tasks were in carrying out the regulation of the Community patent.



Alfons Schäfers, German lawyer and representative of Deutsche Vereinigung für gewerblichen Rechtsschutz und Urheberrecht (GRUR), was interviewed [PDF] by SUEPO and said:

Suepo: What should the relationship between the EU and EPO?

Alfons Schäfers: The EPO should become part of the European Union, like the OHIM in Alicante. To keep the EPO outside that framework is quite ridiculous at a time when the EU is expanding to the political and historical boundaries of Europe. The EU institutions — especially the European Parliament, must be given the wherewithal to exercise firm democratic control and to frame and implement European patent legislation. That is the only way to overcome the European Parliament's growing suspicion of patent law.



Regarding the European Patent, as it was known at some point (the name changed many times over the years), here is a classic:

5.1. General structure of the European patent

Do you share the view that the current structure of the European Patent Office, a body which is independent of the Community institutions, does not entail disadvantages for users which should be overcome through a different legal structure which is more closely integrated into Community law?



No, the chemical industry does not share this view, as the current structure is wrong. The EPO should become an EU Institution, and pursue its task to manage the European patent, which is a bundled one, and run as well the new Community unitary patent. It should be run efficiently and at running costs. Arrangements should be made with those countries which are not member of the EU so that they still have access to the European patent.



Source: Web Archive [PDF]



Notice just how far back it all goes.

"Who needs ludicrous stuff like I.S.D.S. when you have the EPO Trojan horse right inside the government, complete with politicians and political connections, not to mention spies (like covert operations), immunity from the law, and exemptions from basic human rights?"From being merely a quasi-private institution (we have future articles about it) the EPO has become part of the state and now serves multinational corporations. Who needs ludicrous stuff like I.S.D.S. when you have the EPO Trojan horse right inside the government, complete with politicians and political connections, not to mention spies (like covert operations), immunity from the law, and exemptions from basic human rights? Remember that, moreover, the EPO is a state-mandated monopoly, so it's effectively "too big to fail".

The EPO is worse than the Vatican. At least the Vatican isn't a corporate entity but a religious one. The Vatican does not have a suicides epidemic, either.

Recent Techrights' Posts

The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
 
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day