Bonum Certa Men Certa

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

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

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day