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

GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
 
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day