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

12.14.15

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

Posted in Europe at 6:45 am by Dr. Roy Schestowitz

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.

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. Demand for European Patents Will Continue to Decrease If a Lot of European Patents Turn Out to be Invalid, Worthless

    The EPO's abandonment of patent justice and quality (in pursuit of so-called 'production' targets) is likely to doom the Office as the whole or render it vastly less relevant to the rest of the world



  2. 35 U.S.C. § 101 Still in Tact in the United States and Software Patents Rot Away

    The United States, where the number of granted patents decreased last year, becomes more productive; there are more signs that patent maximalism (patent litigation, patent scope etc.) has receded



  3. Links 19/7/2019: Deepin 15.11 and GNU/Linux Back on GPD MicroPC

    Links for the day



  4. Violence is Not Free Speech and Laws Exist Against Violence

    Free speech is certainly under attack and the debate is being framed within the context of Nazism; but this overlooks the fact that there are actual death threats and calls for genocide in the mix



  5. Links 19/7/2019: Oracle Linux 8.0, Latte Dock 0.9 Beta and PCLinuxOS KDE Darkstar 2019.07

    Links for the day



  6. Why Does Jim Zemlin Publicly Congratulate Microsoft?

    The signs aren't particularly encouraging when one considers that the leadership of the Linux Foundation is a fan of Microsoft and sometimes connected to Microsoft



  7. 2 Days Later (Case in Progress) and Still Media Silence About G 2/19

    The very legitimacy of years' worth of rulings and the EPO's abusive attacks on judges are under the microscope; but the media isn't paying any attention, perhaps deliberately



  8. The 'Linux' Foundation is Acting Like a Microsoft ISV Now, Commitment to Linux and FOSS Deteriorates Even Further

    The Linux Foundation has just announced a new Microsoft-funded initiative that's pushing GitHub and CLAs (passing copyrights on code to corporations)



  9. Links 18/7/2019: OPNsense 19.7, Krita 4.2.3 and KDevelop 5.3.3 Released

    Links for the day



  10. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)



  11. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."



  12. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout



  13. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat



  14. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better



  15. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  16. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  17. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  18. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  19. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  20. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  21. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  22. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  23. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  24. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  25. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  26. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  27. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  28. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  29. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  30. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago


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