Bonum Certa Men Certa

If Patent Offices Ran the World

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



Summary: The EPO thinks it's the European Commission (EC), the EC thinks it's a patent authority, and out of this whole affair comes a bastard child called software patents, lodged right inside people's standards (which everyone must implement to and be taxed by merely to become compliant/compatible)

ACCORDING TO this announcement [PDF], the European Commission shows its close connection to the EPO and bending over regarding the sensitive subject of patents in standards.



The president of the FFII accuses the EPO of corrupting the European Commission. To quote:

EPO corrupting the European Commission to promote software patents barriers in standards, conference next 22 november: http://ur1.ca/1nw1r


The document is a one-page announcement about an event scheduled to take place two months from now. It says:

Tensions between Intellectual Property Rights and the ICT standardisation process : reasons and remedies



Brussels, 22 November 2010

The European Commission and The European Patent Office (EPO) are jointly organising a Conference to further discuss "IPR in ICT standardisation " related issues; the objective is to find policy solutions for identified challenges. Standardisation can make an important contribution to unlock the potential of innovative markets and strengthen the position of European economy through more efficient capitalising of its knowledge basis. European ICT producers in particular need to be able to rely on standards to ensure interoperability and success of new products as this would lead otherwise to fragmented ICT markets. However, as key ICT standards are perceived by many as critical technology platforms with a strong public interest dimension, concerns are voiced that Intellectual Property Rights (IPRs) and their exclusivity potential, may hinder or prevent standardization. Are today’s IPR features still compatible with fast moving markets and the very complex requirements of ICT standardisation in a global knowledge economy environment? Where are problems that we can we fix? To find out, the European Commission and the European Patent Office (EPO) are organising a conference to address some specific issues on patents and ICT standards.

Interoperability is a critical issue for the further development and market acceptance of innovative ICT services and applications. Consensus building between stakeholders on relevant technical matters often leads to standards. A common approach is therefore of importance both for European consumers and companies and will allow the EU to become a global leader in the sector.

However as technology, and thus interoperability, becomes more complex every day, ownership, patents, copyright and related IPR policies play an increasingly important role in ICT standardisation. Some maintain that problems related to Intellectual Property Rights (IPR) issues may hinder or prevent standardization and thus even become a barrier to the introduction of services and applications. On the other hand, the rights of those owning intellectual property incorporated in standards compliant solutions need to be properly taken into account and rewarded. Although all agree that this should happen in a fair, balanced and predictable way, there is often disagreement whether these principles are always followed, at least in key standardisation endeavours.

The conference is part of an open dialogue process that the Commission is undertaking with key stakeholders and the first in cooperation with the EPO in this very important domain.

The event aims to provide a platform to exchange ideas and suggestions on the following topics:

● Who needs standards-related patent registers and how should they look like? ● Is there a need to improve standards-related patents quality and how can we achieve it? ● How should ex-ante commitments of licensing terms be best drafted? ● How to ensure certainty on the availability and continuity of essential IP rights for licensing? ● What is the best relation between standards and open source software and freely available technologies?

The two conference partners envisage further events and meetings on relevant issues around IPR and ICT standards to improve transparency and predictability in this critical field. A previous workshop organised in November 2008 was a "fact finding" event to map the challenges and stakeholder positions. The current and future conferences aim at finding policy solutions to the identified challenges.


This is not acceptable because: 1) the EPO is not supposed to take the EC by the hand; if anything, things should be done the other way around and 2) software patents are not legal in Europe and some of the above legitimises them.

As a side note, patents -- and not just software patents -- have their basis challenged in TechDirt right now:

Gillette received patents in 1904 on both the razor and the blade. As Picker notes, conventional wisdom would suggest that this is the perfect point for Gillette to have used the famed razors-and-razor blades strategy, since it could use the patents to exclude competitors from offering compatible blades. But, it did not. The same "conventional wisdom" would then argue that once the patents expired, and others could offer compatible razors, the razors-and-blades strategy would not work. And yet, it was after the patents expired and when there were compatible blades on the market that Gillette finally went to this form of strategy.... and its sales and profits shot up.

[...]

The whole thing is quite fascinating in thinking about these kinds of business models. Printer companies, especially, might learn a thing or two, as they've now become quite aggressive in using patents to block competitors from offering compatible ink cartridges or ink refills. But, the example of Gillette suggests they could be better off not fighting it, but focusing on providing better quality that doesn't annoy users quite so much.


Those who want patents in software (including software standards) are typically those who control this area of software and those who work for them, including lawyers. If the EPO is allowed to have a say in European policy, then the tail wags the dog and it harm's the Commission's reputation. ⬆

Recent Techrights' Posts

Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
 
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Links 01/11/2026: Digital Ninimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026