02.13.16

The European Patent Office, Aloof/Apathetic to Inventors and Human Rights, Simply Cannot be Trusted With the Unitary Patent (UPC)

Posted in Europe, Patents at 6:08 am by Dr. Roy Schestowitz

More legal power, but whose?

Trojan horse

Summary: The European Patent Office (EPO), once a source of great pride for increasingly-unified Europeans, not only wants to enjoy impunity but also wants to attain new powers, despite demonstrating that its interests are anything but European and are often detrimental to Europeans, not just to European inventors

THE image of the EPO was tarnished a long time ago because of staff protests, press articles, and so on. These protests and press articles were the outcome of something, not the cause of that something. It’s not a made-up scandalisation (as EPO management so often tries to frame it with help from its buddies in the German media, notably Süddeutsche Zeitung); it’s very much deserved, and EPO management deserves all the blame. Never before was the EPO a Pariah in the eyes of Europe. The EPO was once internationally regarded as one of the best; now it’s renowned (or notorious) as the biggest human rights violator, more so than SIPO (both the State Intellectual Property Office in Croatia and in China).

Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates. Did he not expect any backlash? EPO management basically became a clique. It’s tribalism. People generally know that the EPO is as scandalous an entity as FIFA, even if there are not (yet) disciplinary measures taken against management. Yesterday the President of the FFII told the EPO it’s “time for the European Parliament to step in to stop patent maximalism. They will be powerless with the non-EU Unitary Patent Court.”

“Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates.”The term “patent maximalism” — a term that we believe we sort of coined here — is gaining widespread use. The above person now writes regarding language barriers (obstructions to UPC) as well — a subject we covered here a lot recently, mostly in relation to Spain and to Sweden. Glyn Moody, who wrote a detailed article about the EPO at the beginning of this month (criticising both the EPO and the UPC), responded by asking, “do you have a link for that? I think this is going to become a hugely important issue for UPC…”

“In my twitter history,” the President of the FFII. “I already mentioned about the fact that the Court will be running in English only. Let me dig.”

We already covered this subject quite frequently and heavily here, as far back as more than half a decade ago (when UPC wasn’t yet known as or referred to as “UPC”).

We kindly remind readers that EPO-funded pro-UPC events are to take place (including one in the US later this month). The EPO wants to take it international. We also wish readers would pay attention and consider who promotes the UPC. A so-called ‘news’ site that helped the EPO with pro-UPC propaganda (recently with a softball questions Battistelli ‘interview’) now promotes so-called ‘free’ ‘trade’ deals, again with other such ‘interviews’. Media presence isn’t hard to accomplish; there are always those who are gullible or corruptible, some with an operational Web site and a budget.

“Is the EPO serving inventors or is it looking after patent lawyers?”Remember that EPO managers allocated a massive budget for media positioning. They even hired a US (yes, US!) PR firm to handle the task, which makes one wonder who’s so crazy about the UPC anyway. Maybe the patent trolls lick their lips….

“Save this info,” the EPO wrote yesterday about presence/positioning of EPO at CeBIT, liking to a page whose contents is little more than software patents lobbying. Maybe the proponents of software patents lick their lips too….

Also (re)posted yesterday by the EPO was this photograph showing patent lawyers sharing a room with EPO staff. Is the EPO serving inventors or is it looking after patent lawyers? We suspect the latter, not to mention large corporations that are the main source of these lawyers’ income (and EPO revenue). The EPO only needs to maintain the illusion/perception that this isn’t the case, but any such cross-pollination (large corporations, patent lawyers, and EPO bureaucrats) serves to reinforce the idea that they’re all colluding for money and power. It’s protectionism. They want more for themselves and less for everybody else. To quote an interesting new comment from yesterday:

By the way it the decision at stake is T 339/13:
http://www.epo.org/law-practice/case-law-appeals/recent/t130339eu1.html

It is interesting to note that the Board of Appeal finds it inventive to mimic the purring of a cat. I would have thought that it is notorious that cats purr, especially when being stroked.

It is difficult to see what can be inventive in moving a cursor on a virtual cat and in response thereto receiving a gentle purr.

In other news about the EPO, watch how generic medicine comes under attack by EPO patents. To quote yesterday’s news: “In the fourth quarter of 2015, a generic competitor unilaterally withdrew its appeal in the case regarding the validity of the Alimta vitamin regimen patent before the Technical Board of Appeal of the European Patent Office (EPO). In view of the withdrawal of the appeal, the decision of the Opposition Division of the EPO finding the patents valid is final, and there cannot be further validity challenges to the vitamin regimen patents for Alimta centrally before the EPO.”

“Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli.”What would be the effect of this decision on the general European population? Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli.

IP Watch also published this article yesterday, covering what the EPO’s spinners did to seed PR (positive coverage) about seeds and plants. To quote IP Watch: “The issue of the interplay between patents and plant variety rights heated up last year when the EPO Enlarged Board of Appeal upheld patents for plants or seeds obtained through conventional breeding methods, throwing plant breeders’ position into question.

“Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn’t just a Trojan horse serving foreign corporations under a .org domain and the misleading “European” label.”“The rulings prompted the European Parliament to ask the European Commission to investigate the matter, and the Netherlands, which holds the EU Presidency from 1 January – 30 June 2016, to promise to address the imbalance between the two systems (IPW, Biodiversity/Genetic Resources/Biotech, 19 January 2016). The EPO and CPVO said they wanted to increase their exchange of information on the subject.”

Judging by how things have progressed as of late, it won’t be long before the EPO is as much a lobbyist of Monsanto as the USPTO already is. Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn’t just a Trojan horse serving foreign corporations under a .org domain and the misleading “European” label. One needs to also ensure that the EPO actually obeys the law. At present, it obviously does not.

“The trouble with fighting for human freedom is that one spends most of one`s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.”

Henry Mencken

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/02/13/epo-upc-trojan-horse/

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. Real Feminism is Grassroots, Not a Corporate Ploy (to Improve Image and Sales)

    The insulting publicity stunt many will be exposed to throughout the day is largely a corporate-led Public Relations charade, painting sexist companies as defenders of women



  2. Gemini Capsules and Pages Now Accessible in a Web Browser, Qutebrowser, But Qutebrowser Has Issues

    As noted earlier this morning, it's nowadays possible to access Gemini capsules through a Web browser without any Web proxies; but the (likely) first browser with that capability has numerous big issues



  3. IRC Proceedings: Sunday, March 07, 2021

    IRC logs for Sunday, March 07, 2021



  4. Moving Away From the World Wide Web is a Wise Move, at Least to the Degree Which is Possible

    More Web browsers finally support the Gemini protocol and decentralisation is gaining traction (it's even in mainstream European media right about now)



  5. The Banality of Bribery

    To understand why institutions defend and sometimes even give awards for the very things they claim to be against one must examine the flow of money (with strings attached to it)



  6. When I Discovered People Trafficking in Free/Open Source Software

    Reprinted with permission from Daniel Pocock



  7. Links 7/3/2021: AviDemux 2.7.8, Thunar 4.16.4

    Links for the day



  8. Links 7/3/2021: Sparky 2021.03, SystemRescue 8.00, and FreeBSD 13.0 RC1

    Links for the day



  9. IRC Proceedings: Saturday, March 06, 2021

    IRC logs for Saturday, March 06, 2021



  10. How To Deal With Your Raspberry Spy -- Part V: All The Rest

    The final part of a series on liberating the Raspberry Spy from an untrustworthy OS that secretly adds Microsoft keys and proprietary software repositories of Microsoft



  11. How To Deal With Your Raspberry Spy -- Part IV: Doing The Task

    We now spell out the steps taken to actually replace the Raspberry Pi OS with something more trustworthy



  12. Corporations Do Not Represent Communities and Activists, They Just Exploit Them, Discredit Them, and Hijack Their Hard Work

    The AstroTurfing and the Googlebombing campaigns of large corporations would have us believe that genuine activists are toxic and malicious people, whereas corporations exist to save the world from evil people; don’t fall for those Public Relations tactics (a gross inversion of narrative)



  13. Why the 'Raspberry Spy' Blunder is a Lot More Serious and Profound Than the Corporate Media is Willing to Acknowledge

    As this video points out, the ongoing series by Gavin L. Rebeiro is justified by the fact that the 'Raspberry Spy' Foundation continues to work with and some might say for Microsoft; it sold out millions of customers



  14. Links 6/3/2021: “SLS” Mitigation and Exiv2/KDE Project

    Links for the day



  15. How To Deal With Your Raspberry Spy -- Part III: Fundamentals

    Following the introductory and preliminary parts we dive deeper into the steps taken to replace the Raspberry Pi's GNU- and Linux-based OS with something like NetBSD



  16. Links 6/3/2021: Linux 5.12 RC2 and OpenSUSE Tumbleweed Woes

    Links for the day



  17. IRC Proceedings: Friday, March 05, 2021

    IRC logs for Friday, March 05, 2021



  18. Links 5/3/2021: Qubes OS 4.0.4 Release and Wine's Project Leader is Open to Wayland

    Links for the day



  19. How To Deal With Your Raspberry Spy -- Part II: Introduction

    Following Part I, published a few hours ago, let's examine what happened from a technical perspective and what can be done about it technically



  20. How To Deal With Your Raspberry Spy -- Part I: Acknowledgements

    March 2, 2021 blog post series from a guest author; for some background, see blog posts from Microsoft in the official blog of Raspberry Pi and our response to these



  21. German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

    Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)



  22. Techrights in Australia (IPFS and Gemini)

    Allies in Australia will help Techrights serve material from another server; we're still bettering ourselves for an era of oppressive World Wide Web



  23. Professional Troll Matthew Garrett Spreads Libel, Defamation and Slander About the Free Software Community to Entertain Microsoft and Friends

    After months of parking in our IRC channels to provoke and troll people (and try to collect 'dirt' from responses) the professional troll Matthew Garrett has been for many years shows his true colours again



  24. Links 5/3/2021: Linux 5.12-rc2 Imminent, Linux Lite 5.4 RC1 in Review

    Links for the day



  25. IRC Proceedings: Thursday, March 04, 2021

    IRC logs for Thursday, March 04, 2021



  26. Links 4/3/2021: LibreOffice 7.1.1, Cockpit 239, Many Stable Kernel Releases

    Links for the day



  27. Links 4/3/2021: Pardus 19.5 is Out and Free Software Foundation Gets Consulting Grant

    Links for the day



  28. IRC Proceedings: Wednesday, March 03, 2021

    IRC logs for Wednesday, March 03, 2021



  29. The Free Software Foundation Should Re-add Richard Stallman to the Board

    Dr. Richard Stallman is missed by many who perceive him to have been wrongly treated; putting Stallman back in the Board (at the very least) would help the image of the Free Software Foundation more than the newly-announced work with Community Consulting Teams of Boston



  30. Free Software Calling

    Fewer people are willing to "put up with the shit" given by so-called 'Big Tech', seeing that it's mostly about social control rather than enablement or emancipation


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