Bonum Certa Men Certa

The EPO is More Interested in Silencing Its Critics Than in Actually Correcting Injustices

They've already blocked Techrights and sent several law firms after it (with threatening letters)

Castle at Gondar
Castle at Gondar (Portuguese Empire). Freedom of the press is probably healthier in Ethiopia than inside EPOnia.



Summary: EPO makes 'peace' (or photo ops) with Ethiopia and covers up the patent quality crisis; this isn't amusing and staff will likely suffer because layoffs are still foreseen while budget gets diverted to member states (to buy votes, to remove oversight)

THE annual 'festival' of the European Patent Office (EPO) is over, as is the quarterly meetup in which Campinos and Battistelli buy support from the Council (e.g. 'cooperation' money, which happened again last week).



Do not expect reprieve or amnesty to come from the Council. It's not "Administrative"; it administers nothing but its own selfish interests (pertinent nations or their national patent offices). We've quite frankly come to the point where we have far more confidence in the USPTO (than in the EPO).

Nowadays it's easier to get software patents in Europe than in the US. Several law firms have said so themselves, as did IBM quite recently. It's incredible, isn't it? What a reversal!

The EPO is still granting illegal (as per the EPC) patents on algorithms and Bardehle Pagenberg, the most vocal proponent and promoter of such patents (regularly visits the EPO as well), has this new example, brought up by Patrick Heckeler earlier this week.

"Ethiopia was part of the Portuguese Empire (not many people know this) and the President of the EPO is French-Portuguese."One might be tempted to say that this is the sole problem (it certainly was the only issue we talked about between 2006 and 2014), but today's EPO doesn't just grant patents on algorithms but on things that existed in nature for many thousands of years. Remember that 'Teffgate' in Ethiopia? Who can forget? It was all over Dutch media, albeit not other nations (and Dutch is almost incomprehensible to over 98% of the world's population).

Yesterday the EPO issued this new nonsensical statement (warning: epo.org link) under its "news" section (with "Ethiopia" in the headline). Is the EPO googlebombing "Ethiopia" now? We suspect so. There are hardly any EPs from Ethiopia, but loads of negative publicity for the Office. Here's what the EPO said: "Following the signature of a Memorandum of Understanding on Reinforced Partnership with Ethiopia in April of this year, EPO President António Campinos and the Director-General of the Ethiopian Intellectual Property Office (EIPO), Ermias Yemanebirhan, signed their first Biennial Work Plan for 2019-21 on the occasion of a visit by a high-level Ethiopian delegation to Munich last week. This is the second time the EPO has concluded such a partnership with a non-member state, following a similar agreement signed with South Africa last year."

Ethiopia was part of the Portuguese Empire (not many people know this) and the President of the EPO is French-Portuguese. Battistelli used to sign many such 'vanity' deals with former French colonies, especially in Africa. Coincidence? Let's not forget what happened two years ago in other Portuguese colonies (where António's father was born).

According to the EPO's very own figures (warning: epo.org link and in Microsoft's proprietary format of course!), Ethopia had just ONE EUROPEAN PATENT IN ABOUT A DECADE!

Was this deal worth the journey? The carbon footprint? Did Campinos manage to board a plane OK? Or did people fly over to him (as if the EPO means a lot to Ethiopia)? Well, they certainly got some photo ops out of it! This is what the "news" is about: photo ops.

It is very probable, in our assessment, that this publicity stunt (yes, it can be regarded as such) is likely connected to the 'Teffgate' scandal that cost the Ethiopian government (and people) a fortune! Because examination hadn't been done properly...

Don't get us wrong...

EPO examiners are in general good people.

They're not permitted, however, to do a good job (or do their job properly, based on the law which governs them and empowers the Office, namely the EPC).

That's because they're ruled by very bad people, career-climbing sociopaths who revel in pain and angst.

Here's another example that we alluded to some days ago and IPPro Magazine has just covered as well ("Apple device unlock patent rejected in EPO appeal"). The EPO never needed to allow this fiasco to get this far. This patent application is very obviously a 'scam', but many patents were granted to Apple by EPO examiners due to debased management. We know because the people involved told us so. And these patents of Apple are still unchallenged. This means that a lot of existing Europen Patents are just "fake", they're utter rubbish. On this latest example:

Apple’s appeal to dismiss a European Patent Office (EPO) ruling denying a patent for unlocking a device by performing gestures on an unlock image has been dismissed. The patent was found to be lacking in novelty and did not show an inventive step.

It covered methods that would allow users to unlock their Apple devices using various swipes, compared to the current old method of simply swiping right.

It would also allow users to unlock the devices via several unlock images, each being associated to a specific application.

Apple appealed to the EPO Technical Board of Appeal, but has now been dismissed.


Instead of working to correct things, the EPO throws itself right at the fire or under the wheels. Yesterday I told the EPO (which incidentally follows me in Twitter!), "have some class. Have some tact. Do you even know what 4IPCouncil stands for? It's like the NRA of the patent world."

I responded to this tweet: "Take a look at the interactive guide of @4ipcouncil. A new resource for European SMEs to unlock the value of patents."

This is Team UPC speaking 'for' SMEs. That's what 4IPCouncil does nowadays. It's like AstroTurfing, not grassroots. The ones most harmed by this agenda are having their voice hijacked and then the EPO amplifies the lies. "Instead of doing its job, which is patent examination, the EPO does lobbying and sponsors so-called 'studies' (marketing/propaganda) to lie about SMEs, which it harms," I said regarding the subsequent EPO tweet which said: "Can the filing of IP rights be used as a reliable predictor of the likelihood that an SME will experience high growth? This study answers this question..."

Who funded this 'study'? The former employer of Campinos together with his current one. Unfortunately for him, one week since he started the job people pick on the odor and realise, openly, that they got a more 'orange' version of Battistelli.

"At least 3 lies in one sentence," I told the EPO regarding its next tweet. "It's another Battistelli -- congrats!"

The EPO quoted its President as saying: “The plan will help us to provide a prosperous future for European innovation and a strong European patent network by putting sustainability first”. Have a look at the plan..."

Well, watch who's bragging about this plan. Here's a site of patent fanatics (long history there) copying that almost verbatim this week:

The European Patent Office (EPO) published the 2023 Strategic Plan (SP2023) adopted by the Office on 27th June 2019. SP2023 was developed over two rounds of consultations that involved the active participation of all the 38 EPO states, IP offices, staff members and the public. The Plan was unanimously adopted by the EPO Administrative Council; it identifies five key goals in order to ensure that the EPO dispenses nothing but excellence through all its services. It has also recognized specific areas within each of the five goals which will be implemented over the course of four years.


This is complete lunacy which we responded to before, as did others (connected to the EPO, probably insiders). The accompanying "speech" feels like satire because there's a lie every 10 seconds. There are yet more comments about this "plan" and this "speech", one of which from an examiner who wrote (after SUEPO had linked to it): "I rather suspect that the most likely outcome is that, in the long term, the downwards direction in quality of the EPO’s work products will continue … all the way to the bottom."

Here's the full comment:

Take a look at the picture from the staff survey published in R.I.P. Kat: https://rip-kat.blogspot.com/2019/05/a-picture-is-worth-1000-words.html

That tells you all that you need to know. In essence, the current culture at the EPO works well for a small number of managers but makes life miserable for the much larger number of examiners that do all of the work that generates the EPO’s funding.

In the private sector, it has long been the case that the management and overseers (non-executive directors) of a company form a cosy relationship that leads to hyper-inflated salaries and massive bonuses or pay-offs (even extending to what could be viewed as rewards for failure).

We should perhaps not be so surprised that the same kind of relationship has now translated to the EPO. Thus, it now seems that, so long as they get an adequate pay-off, the AC will support ever-increasing rewards for the EPO’s management, even if there is clear evidence of abject failures of the policies of that management.

How does the EPO keep up the flow of funds that guarantees a complacent and compliant AC? Simple! Just drive down the EPO’s “costs” (for which read salaries and benefits for the majority of the workforce, including examiners) at the same time as increasing the performance demanded from each examiner and remunerating well those managers that enforce the increased targets. In a nutshell, this explains the huge gap in levels of contentment between “the workforce” and “the management” of the EPO.

It does not take a genius to work out why such a policy cannot be sustained in the long term without seriously degrading the quality of the EPO’s work products. Whilst one might assume that this means that the whole charade must come to an end at some point, I do not believe that such an assumption is currently justified.

The shareholders of a private company might eventually rebel against a greedy and useless management. Also, the company’s customers might take their custom elsewhere. However, the EPO’s current set-up means that the management and the AC are free to ignore the opinions of the EPO’s “stakeholders”, as well as national and EU laws that might otherwise constrain their employment practices. Also, the EPO’s “customers” cannot go anywhere else to obtain a European patent (certainly not via the PCT route), never mind such a patent having unitary effect.

Thus, I rather suspect that the most likely outcome is that, in the long term, the downwards direction in quality of the EPO’s work products will continue … all the way to the bottom.


Notice the silence from IP Kat; it's hardly even surprising anymore.

MaxDrei, who used to regularly comment in IP Kat, said this:

We live now in the age of impunity, the age of the bloviating “Hyperleader” who cultivates his super-gullible and unquestioning world-wide fan base with the help of Fake News broadcast over the Internet. Donald Trump was the first but now we in Europe are saddled with his various disciples, to be found in an ever-increasing number of the EPC Member States, whose influence reaches to Brussels and Munich..

But cling to optimism. If the resistance to attacks on Democracy and the Rule of Law is stalwart and unrelenting, such “leaders” can be subdued. The one in Turkey is no so cocky now, I imagine. Alistair de Pfeffel “Boris” Johnson in London has suddenly gone all quiet. Let’s see what happens in the USA, these next 12 months. In the long run, all things must pass. There is hope yet!


The next couple of comments are amusing; they compare EPO transparency to the surveillance which is "glass walls" (a Campinos plan):

Transparency equals glass walls....

“retaining talent” ?

How do they wish to do so, beyond the “golden cage” effect?

Also, PD3.1 desire to create a turnover of 10% of active staff every year contradicts this very much as well.


Dear Transparency

Who is (or what is) PD3.1 ?

A 10% staff turnover every year is practised in such companies as Goldman Sachs and Amazon. The rule is simple and brutal : based on annual performance appraisals, the 10% lowest performers are terminated.

That does not sound very effective for attracting “talents” and building teamwork and mutual training within examiners.


Forget about attracting “talents” because the EPO is barely even recruiting anymore (no ads); those who get recruited are lawyers who will likely fight dismissed staff in 'courts' (kangaroo courts, internal ones), bankrupting them if necessary because their bills aren't footed by EPO budget. Quite a deterrent, eh? Justice is not the goal. It's all about power.

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
200 This Week
Monday started with 40 articles/pages and this is #200
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock