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

Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
 
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work