Bonum Certa Men Certa

EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

The UPC would be an SME killer and they very well know it

Benlogo tweet
New tweet by someone incredibly thin-skinned



Summary: Judging by the EU's nearly blind and unconditional support for the management of the EPO -- no matter how abusive and corrupt it has gotten -- one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe's businesses -- the productive firms to which patent maximalism often represents far more risk than opportunity

"Assisting the Second day of the training for [EU] @IPRHelpdesk ambassadors at the [European Patent Office (EPO)] in Berlin," wrote a patent maximalist in Twitter shortly before blocking me for merely replying to him. He was retweeted by EPO PR people, revealing (yet again) close connections between the EU and the EPO. Remember that the management of the EPO insists that it is not an EU institution (it certainly predates the EU) and therefore it's above the law and nobody can hold EPO officials accountable for their corruption. That may sound OK on the surface, but the overlap and connections are very clear to see and abuses are also clear to see. So the immunity ought to end. António Campinos probably did not break laws himself, but he helps cover up Battistelli's and he perpetuates all the old crimes. He's also promoting software patents in Europe and inappropriately meddling in cases before BoA (to push for software patents). Imagine the Director of the U.S. Patent and Trademark Office (USPTO) meddling in PTAB cases or even Federal Circuit/SCOTUS cases regarding 35 U.S.C. €§ 101. Sure, the existing Director ignores their caselaw, but he's not attacking those judges. It's nowhere as bad as in the EPO, where judges are literally being bullied by the President of the Office and his bulldog from Zagreb.



"It's nowhere as bad as in the EPO, where judges are literally being bullied by the President of the Office and his bulldog from Zagreb."On the same day the EPO mentioned "Patent litigation, from A to Z," whereupon I said that "EPO should focus on patent EXAMINATION and SEARCHING!! NOT litigation. But today's EPO is so unhinged and debased that it goes out of its way to help bullies, trolls, and litigation conglomerates" (such as LESI).

Remember that the EPO -- like those litigation firms -- wants the UPC, which is an EU system!

"Remember that the EPO -- like those litigation firms -- wants the UPC, which is an EU system!"SMEs do not need an EU system or an EU-wide/pan-European litigation system as they don't operate outside their country (otherwise they're probably not SMEs). "There were already amendments for a cheaper path for SMEs," Benjamin Henrion noted, quoting: "6. Emphasises the need for preferential treatment for smaller actors, in particular researchers, SMEs and innovative companies, in the form of a differentiated and simplified cost and procedural structure;"

More "SME" 'tweets' from EPO have just been posted, distracting from the harm caused to them by the EPO. "Even pending patents can contribute significant business value," the EPO wrote. "That's one conclusion of our SME case studies."

Who funded those 'studies' and what was their required outcome? Are those SMEs representative of the whole? The UPC lobby spent a number of years lying about SMEs, pretending to speak for them and pretending that the UPC would favour them (the exact opposite is true).

"I am not alone to think the UPC will have to be renegotiated," Henrion wrote, "due to the departure of the UK from the list of the 3 countries that are needed in order to enter into force. UK, heavily lobbied by the patent industry, asked CJEU to not be involved in patent law [...] Yesterday, there was a smell of hope for software patents and the UPC. I learned about a bomb which I cannot tell at the moment..."

He had organised a protest against the UPC one day before he wrote that.

"The UPC lobby spent a number of years lying about SMEs, pretending to speak for them and pretending that the UPC would favour them (the exact opposite is true).""They can try to rename the whole thing again," I responded, "taking another half a decade with additional constitutional barriers as the public caught up and the litigation lobby caught by the flashlight in the dark..."

As an aside, Henrion took note of an old article regarding IP2Innovate. To quote the article: "The new industry body is primarily concerned about the impact of patent trolls on innovative companies in Europe and believes that the situation will exacerbate dramatically if and when the Unified Patent Court is put in place."

"CDU/CSU moving on software patents under the car industry lobby," he wrote, but "no abolition yet, bifurcation..."

From the said page (in English): "Patents registered in software and telecommunications in particular often turn out to be unjustified in the end. This has to be clarified quickly and legally."

"How often do SMEs enforce a patent EU-wide? Almost never.""Copying Germany as a model is not good," Henrion added. "Germany has a bifurcated patent court system which is a magnet for patent troll. German Minister is now considering removing bifurcation..."

One patent attorney who is occasionally sceptical if not critical of the UPC responded: "You have a point. I love the bifurcated system when I have to enforce, and I hate it when I have to defend..."

How often do SMEs enforce a patent EU-wide? Almost never.

Recent Techrights' Posts

Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
 
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025