Bonum Certa Men Certa

The EPO is Becoming More Like the USPTO Under Benoît Battistelli's Greed-Driven Reign

Large corporations increasingly cast their shadow over European society

Building in birmingham



Summary: Recent articles about the EPO and the Unitary Patent are bundled together to highlight truly disturbing developments whereby those in power beget power through instruments of state-sanctioned power, such as the EPO (stateless entity within a continent-wide 'island')

OUR coverage of the EPO-targeting French article will hopefully lead to an English translation pretty soon (more suicides inside the EPO), but in the mean time we wish to take stock of recent European-centic patents-related developments which we have not found the time to properly cover (at least not yet). We will separate and partition this post, then set some headlines to help digestion of the important news.



Unitary Patent



Techrights has written about the Unitary Patent for quite a few years, even before it was called or referred to as "Unitary Patent". In a series titled "UPC Mock Trial" [1, 2] (Unitary Patent Court is UPC) IP Kat provides some interesting information. Since a lot of this stuff is discussed behind closed doors (like TPP and other globalisation treaties) it has not been easy to keep track of what's going on. In part it's about serving huge corporations (multinational and often tax-exempt through loopholes) and it's about software patents. The folks from the FFII (former and current presidents) are fighting back, calling the Unitary Patent unconstitutional. To quote their summary, which made some waves on the Web last week, "ESOMA and iMatix has filed an appeal against the Unitary Patent ratification by Belgium at the Constitutional Court. Equality of languages, separation of powers, and the irresponsibility of the EPO in front of courts are violating the Belgian Constitution. A central patent court will become the single point of failure to validate software patents Europe-wide. Small Software companies cannot afford to go to court or pay damages."

There are similar actions elsewhere. They are fighting back.

European Free Software Foundation



The Free Software Foundation Europe (FSFE), OpenForum Europe and others (such as OIN from the US) were mentioned the other day in this post about the EU patent debate. We deem some of the text quite important (and unique). It states: "I already mentioned earlier the plans to present about the situation of the Open Source community as a consumer of the patent system at the conference on “Innovation in a European Digital Single Market – The Role of Patents” in Brussels on March 17. FSFE, OpenForum Europe, colleagues at OIN and fellow Open Source supporters provided great feedback for the presentation. Many thanks to everybody who contributed! In the end, the concept for the presentation (which was a short introduction to a following panel discussion) was to explain five concrete difficulties the patent system causes in a collaborative production environment."

Towards the bottom it says that "Sage joined the Open Invention Network. OIN is the world’s largest patent non-aggression community with the mission to protect Linux and Open Source. It speaks for the credibility that patent non-aggression has achieved and for how OIN represents that idea in the Open Source space when a publicly listed company that grew to success long before Linux really took off subscribes to it. Thanks, Sage! More large and small companies are considering this step. Your company should do so, too. If you have any questions, feel free to contact me."

As we have pointed out before, the problem with OIN is that it does not fight software patents; additionally, it is selective in who is protects and how. Still, for many purposes (not all), it is a lot better than nothing.

Want to Patent Nature? EPO Approves



The EPO is an utter, corrupt, greedy disgrace. On numerous occasions we have shown how the EPO's management, including Benoît Battistelli himself, gloated and bragged about expanding the scope of patents, reducing the quality bar etc. just to increase profits. This is systemic corruption and this in its own right should suffice to oust Battistelli.

Techrights is especially focused on software patents, but it is deeply disturbed to learn just how low the EPO's management can stoop. As it turns out, the EPO now permits patenting natural foods - not just GMO and algorithms. This surely can motivate more EPO staff to rebel against greedy-beyond-control managers. We sure hope to see people standing up and fighting against this abuse by EPO architects, whose priority has become to serve large corporations, not people. See articles such as "Unpatentable Vegetables Are Now Patentable In Europe", "EPO Backs Patents On Conventional Plants: Broccoli, Tomato Cases Decided", and "A Kat revisits Broccoli & Tomatoes, part deux - what does it all mean?" IPKat reported on it quote early on (to its credit).

Software Patents in Europe



Patent scope has gone out of control in Europe. Patents not only on natural things but also on abstract things are now permitted, if not by law then by de facto 'law' (see our wiki page about software patents in Europe). Glyn Moody warned some weeks ago that "Spain [Was] About To Bring In Software Patents -- Just As US Starts Moving Away From Them".

Quoting Moody: "Last year, Techdirt noted how the Supreme Court's decision in Alice v. CLS Bank seemed to be having a positive effect on limiting the patentability of software. Against that background, it's regrettable that Spain appears to be moving in the other direction with its new Patent Act (original in Spanish), which is being brought in without any public debate, it seems. The key section of the proposed law is Article 4, which spells out patentability. It specifically says (Section 4c) that "computer programs" are excluded from patentability -- but then goes on to add (Section 5) that it is only software "as such" that is excluded."

Greedy patent lawyers from the US (such as Gene Quinn in this case) are already licking their lips over this. "The European technical standard as a guide for drafting software patents" is the title of one recent article from Gene Quinn, one of the most vocal proponents of software patents (he makes money from it).

And guess who he interviews for this article? "Micky Minhas is Chief Patent Counsel for Microsoft Corporation. He is also someone that I have know for over 20 years, which is almost hard to believe."

Yes, Microsoft!

Welcome to Europe, Microsoft. A truly European company!

Microsoft has been lobbying for software patents in Europe for so many years and we wrote many articles about it. Microsoft also paid several proxies to do this lobbying behind the scenes. Among these lobbyists we have had the BSA and ACT listed.

Microsoft's Minhas says: "I’ve been here about two and a half years in my role as Chief Patent Counsel. The Patent Strategy team is roughly 110 people and we are responsible for all of our new patent filings and preparation. We also have a large analysis group that analyzes a lot of our issued patents and our pending patents and supports our licensing programs. As to the daily life, the job ranges anywhere from issues with the PTO, or any other patent office around the world, to issues supporting our licensing programs. Sometimes it’s acquisition related activities; sometimes it’s risk mitigation projects. I’m having a lot of fun. It’s interesting particularly because Microsoft is in so many different businesses, so the legal issues and the intellectual property issues are often pretty unique. Sometimes what is in the best interest of one division may not be in the best interest of another division. Intellectually, it leads to some pretty interesting strategy assessments and discussions."

So, while Europeans are busy typing computer code, testing, improving, testing again (among other things) Microsoft is working with lawyers to undermine these Europeans and take them to court if they ever become successful and can thus be extorted (like TomTom in Holland). Welcome to Europe's new patent regime?

Fight the System Before It's Too Late



Patent examiners in Europe (scientists, not lawyers) should work hard to prevent the EPO from becoming another USPTO with lots of software patents, patent trolls, and reign by massive corporations such as IBM. Benoît Battistelli seems to be trying to emulate the notorious US patent system, not a saner system whose priority is service to local (European) citizens. Once corporations take over such systems (in a coup d'état fashion) it becomes incredibly difficult to regain control of them, as the US model serves to show. We will provide examples of this in the coming days.

Recent Techrights' Posts

Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
 
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users