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

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026