Bonum Certa Men Certa

EPO Now a Megaphone of IP Europe, a Front Group of Patent Maximalists

Also see: IP Europe's UPC Lobbying and the EPO Connection

Miguel Herrera
Photo credit: Keltie Ireland‏



Summary: In a desperate effort to restore so-called 'demand' for patents and for the UPC, the EPO now pretends to speak for SMEs (but it's lying about the views of SMEs)

THE EPO scandals have apparently taught the EPO nothing about association. The EPO has already associated itself with all sorts of nefarious entities. It doesn't contribute much to its image.

"The EPO has already associated itself with all sorts of nefarious entities."Earlier today the EPO was propping up this greenwashing tweet, just shortly after we had explained the 'logic' behind it (it's purely marketing). But that's not the worst part.

The worst part is probably EPO choosing to retweet not one but two (the following day) bits of nonsense from IP Europe, which is a nefarious front group that promotes patent extremism (we wrote many articles about it over the years, even a week ago). They promote an EPO lie. It is being retweeted by EPO communications staff as though they coordinate these lies. Is the EPO in the bar again? The EPO is retweeting Twitter accounts which suggest that it's deeply in bed with truly corrupt lobbying groups. Appalling to say the least. They even use the same hashtags as the EPO, e.g. "SMEmanifesto".

"They also link to a "case study" of the EPO, pinging patent maximalists such as Rubén Bonet.""How #SMEs across Europe use patents to their advantage," they say, but the examples given are purely propaganda, where patent trolls are being framed as "SMEs". They also link to a "case study" of the EPO, pinging patent maximalists such as Rubén Bonet.

The EPO itself posted additional things about it. "How can SMEs unlock the untapped value of their IP? Read 12 case studies of European SMEs," it said. Which 12 case studies? Not what people might expect. It wrote about an "Irish #startup [that] established itself as a global leader in the hospital sector thanks to its #IPstrategy" (interesting timing given the latest news from Ireland, which walks away from the UPC).

As someone explained in a comment yesterday, "European SMEs under the UPC will [be] faced [with] increased pressure" as it's them who would suffer the most. Here is the comment in full:



Let us be clear, the companies that stand to benefit from the UPC will be those that: are well resourced; have commercial operations in numerous EU Member States; and operate in an area of technology where enforcing patents (or "clearing the way" / defending infringement suits) is an important part of doing business.

It is perfectly possible that some SMEs might see the UPC as an opportunity to “move up to the big league”, and may therefore be optimistic about the system.

On the other hand, those SMEs that (choose to) remain small, or operate in only a small number of countries, have every reason to fear the advent of the UPC. It is simply not designed for them. Indeed, some features of the Unitary Patent Package, such as the EUR20k fee for an invalidity defence and changes to jurisdiction (ie ultimately giving the UPC exclusive jurisdiction over all EPs), could prove to be a nightmare for those SMEs that do not have the pockets (or the stomach) to “play with the big boys”.

This is where I think that politicians involved in this project have wildly miscalculated. That is, they seem to have assumed that all (or most) SMEs will seize the opportunity the UPC offers to expand their horizons. However, my experience leads me to believe that both practical and psychological factors will lead to only a relatively low percentage of SMEs taking this route.

Then there is the thorny issue of what happens to SMEs that are only in the embryonic stage that are hit with an infringement suit at the UPC. What will be the survival rate of such SMEs? Will it be higher or lower than at present? As far as I can see, the clear answer is that the survival rate will go down.

So the lessons are clear. European SMEs under the UPC will faced increased pressure to either grow (quickly) or get lucky (ie avoid actions at the UPC) to survive. We shall just have to wait to see how SMEs respond to such “evolutionary pressure”... but the overall prognosis looks far from promising at present.


For the EPO to continue spreading this lie that UPC would good for SMEs serves to reinforce the view of chronic lying. Finding a dozen or so SMEs (among tens of thousands) isn't just unscientific; it's offensive to the vast majority of SMEs, which the EPO is happy to misrepresent.

"The EPO will probably continue down this route, which leads neither to the UPC (a failed project) nor growing "demand" for "products" at the EPO."Keltie Ireland‏ (based in Galway) wrote today: "Miguel Herrera of the European Patent Office @EPOorg explaining what can and cannot be patented in Europe @MedicalTechIre #medtech #patents pic.twitter.com/UEQEN3jZQb"

"It does not matter what the European authorities say," I responded, as the "EPO enables patents on anything. Quality dead."

The EPO will probably continue down this route, which leads neither to the UPC (a failed project) nor growing "demand" for "products" at the EPO. Battistelli has truly ruined the Office. He also alienated stakeholders, not just his staff.

Recent Techrights' Posts

Gemini Links 04/01/2025: Geminispace Contributions and Security Theatre
Links for the day
 
Links 04/01/2025: Social Control Media Deemed Very Unhealthy, Nick Clegg Leaves Zuckerberg's Influence Operations
Links for the day
Free Software Foundation (FSF) Almost 85% Funded
Probably 85% by Sunday or Monday
Links 04/01/2025: Demolition of IBM Building (Its Birthplace), Microsoft Layoffs, Microsoft Vice President Quits
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 03, 2025
IRC logs for Friday, January 03, 2025
Apple 'Articles' That Aren't... Just SPAM From Beta'News', Generated by LLMs
A 'news' sites reduced to garbage crafted by bots
A Salad of Microsoft FUD Against Linux, Published by LinuxSecurity.com Using LLM Slop/Copypasta
LinuxSecurity.com is an anti-Linux FUD site, powered by Microsoft chatbots on the face of it
Gemini Links 03/01/2025: GNU Emacs Key Bindings in GNU Midnight Commander's Mcedit and Gemini Editing Setup with Vim
Links for the day
Links 03/01/2025: Neil Young Drops Out of Glastonbury and MElon Attacking the Free Press
Links for the day
[Memes] Two Dictators. Donald Trump Loves TikTok.
This is a problem
Jeff Bezos (Washington Post) Spreads Political Propaganda Against the Internet (and the Web)
Then people wonder why trust in the media has gotten so low
In Hong Kong and Taiwan People Flock to GNU/Linux (Unlike Windows, GNU/Linux Doesn't Capture Screenshots of Everything You Do and Add Back Doors to Encryption)
Hong Kong and Taiwan have bright engineers. They know Windows is a joke.
When You Get Your "Latest Technology News" From an LLM Slop Farm
They still call themselves "BetaNews" (the word "news" is in the name)
For Software Freedom (and for Broader Personal Freedom), the Goalposts Are Moving
we need to open up our eyes and identify/classify other threats, such as social control media
Engineering Things to Last 70 Years in an 8-Bit, 16-Bit, and 32-Bit World
Nowadays they make things that barely last 7 years
Slow News, But Not Slow for Us
So far this year (maybe premature to say so because many journalists are still on holiday) the news is very, very slow
GNU/Linux Rose to 5% in Belgium (It Was 1.66% Last January)
Trebling in 12 months, according to statCounter
A Golden Opportunity that Canonical and IBM Intentionally Ignore (in Order to Appease Microsoft)
They're too dependent on Microsoft "sweeteners"
[Meme] Crushing Free Speech Before Even Taking Public Office...
someone who isn't even president is already meddling
[Meme] Be a Good and Obedient Citizen. Use Microsoft Windows.
Microsoft actively works with China to censor search results and spy on citizens
Canada: Windows at All-Time Lows, ChromeOS and GNU/Linux Rise to Almost 8%
It is widely known that many schools in Canada adopted ChromeOS
In Mexico, Windows Down to All-Time Low, GNU/Linux Up to All-Time High
Yesterday we showed that in North America adoption of GNU/Linux is growing fast
The Free Software Foundation Extends Cutoff Date (Two More Weeks), Raises About 330,000 Dollars
Isn't it predictable that people who worked for Microsoft GitHub gave money to some unscrupulous lawyers in London to harass us?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 02, 2025
IRC logs for Thursday, January 02, 2025
Windows Falls to ~22% in France and Spain, Based on statCounter
Windows 'corrected' at 22% "market share" in France - i.e. roughly the same as Spain
Gemini Links 02/01/2025: Goals 2025, Microsofter Clickbaiting Again, Advice for the Newbie or Returning Perl Hacker
Links for the day
GNU/Linux and ChromeOS in Australia Tripled in 5 Years? That's How statCounter Sees It....
Based on statCounter...
[Meme] Wrestling With Pigs in Social Control Media
“Never wrestle with pigs. You both get dirty and the pig likes it.” ― George Bernard Shaw
Even Worse Than Racism at the Linux Foundation
And worse than corporate colonialism
It's Not Just MElon X, President Frank-Walter Steinmeier, All Social Control Media is Basically a Digital Weapon
The question is, what are you going to do about it?
Microsoft Especially Important to Phoronix (It Also Gives Gifts to Phoronix)
A whole section devoted to Microsoft, mostly with puff pieces/ads of proprietary things
Microsoft Plummets to New Lows in Azerbaijan
Perhaps the Azerbaijani population is looking for something other than the NSA's foremost facilitator
GNU/Linux Reaches 5% in Indonesia (Population Size Near 300 Million)
You would need not envy "Microsoft Indonesia" right now
We Need Something More Like DMOZ, Not Search Engines and Bill-Funded Wikipedia (Censoring Unfaltering Information About Powerful People and Institutions)
era of LLMs trained on Wikipedia... Microsoft tried - and failed - to game the narrative to the same extent Google does
Tens of Billions of Dollars Down the Drain (Microsoft Lost the Search "Arms Race" or Market)
But caused injury to itself and others, just like with Nokia in mobile
Seems Like GNU/Linux Usage Doubled in Japan Last Year
So says statCounter data anyway
GNU/Linux Measured at 4.4% in South America and 3.34% in Africa, Based on 2025's Preliminary Data
All-time highs
GNU/Linux Leaps to 6% in the United States of America (Not Even Counting ChromeOS)
Additionally, the FSF in Boston is managing well
GNU/Linux Usage in Europe Leaps Above 6% in 2025
This is a big deal because a lot of Microsoft's revenue came from Europe
Windows Falls to 22.5% Worldwide, Android Up to 48%
The world's (by far) biggest populations don't use Windows much
GNU/Linux Back to 5% in 2025
That's not counting ChromeOS
Links 02/01/2025: Production of Apple Vision Pro Halted, More on Public Domain Day 2025
Links for the day
GNU/Linux Gained About 0.5% Last Year, According to StatCounter
2024 ended with "proper" GNU/Linux at +0.4%, ChromeOS at +0.1% (based on statCounter/StatCounter)
Links 02/01/2025: OpenAI Whistleblower Suchir Balaji Alleged to Have Been Murdered, Islamic Terrorism in New Orleans
Links for the day
Gemini Links 02/01/2025: Friends, Blunder Valley, and New Year
Links for the day
Links 02/01/2025: Violence Crisis in South Africa and Arrest Warrant for South Korean Leadership
Links for the day
Rumour: IBM Will Try to Induce Mass Resignations This Month Using R.T.O. (Just Like Amazon Does This Month)
Amazon will start some of this in March, sources have told us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 01, 2025
IRC logs for Wednesday, January 01, 2025