Bonum Certa Men Certa

Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

EPO and Microsoft



Summary: A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

AS ANYONE who has read this blog for a while ought to know (even based on yesterday's post, which is very hot in Reddit right now), Microsoft viciously attacks its competition -- including Free/libre software such as GNU/Linux -- using software patents, even in Europe (recall the Dutch company TomTom for instance) where software patents are in principle not legal. Now we know why the EPO lets that be. It very much affects Free software and Linux, which Techrights is principally about. It also helps show how Microsoft's dirty tricks continue, carrying on behind closed doors; Microsoft -- like the EPO -- thinks it is above the law.



Days ago we learned about Microsoft's 'special' relationship with the EPO under Battistelli's lead. We kept quiet about it because the security of our sources is paramount. It reminded us of Microsoft's 'special' relationship with Sarkozy et al. Well, now that it's out (Merpel posted fragments from it at 4AM this morning), we are ready to show what several sources have independently leaked to us. Comparing the material from different sources helps verify authenticity. It is largely (but not only) based on the latest SUEPO publication. There is an article about the investigation of Control Risks in there, but we'll leave that for another article as it deals with a separate subject.

As we noted last week and also yesterday (noting that Microsoft had begun lobbying regarding the UPC, trying to shape European law despite being a US company), there is serious corruption here and it helps remind everyone in Europe who the EPO really serves. It's all about multinational/foreign giants, not European companies (let alone European people). The EPO is grossly discriminating against small companies. It's truly an abomination. Corruption seems to be rampant across Europe -- contrary to common belief outside the EU.

Rather than bore readers with repetition of arguments and a story, we are going to highlight parts of the article from Merpel and remind readers that Microsoft exploits software patents to launch legal battles against Linux and Free software-friendly companies, despite software patents being illegal in Europe.

From the first part of Merpel's article:

EPO queue jumping part 1 - Don't be an SME"



"Here’s an interesting thought experiment about how patent offices should operate. Two patent applications are pending at the European Patent Office (EPO). Imagine that one was filed several years ago by Microsoft, and the other was filed at the same time by (say) an Italian SME which files “only” 10 patent applications per annum."

[...]

"However, this pilot programme seems different, both in terms of purpose and in terms of execution. There is something imbalanced in having high-ranking EPO officials make a pilgrimage to the premises of large applicants “to ensure that we do not lose workload market share”. There is an element of bending the knee involved that makes Merpel uncomfortable."

[...]

"The implications of this are astounding. Smaller applicants are being discriminated against because they don’t have the clout of threatening to pull their business from the EPO. But if you’re a major contributor to the EPO’s coffers, your cases will get priority at the expense of smaller applicants.

"Merpel hopes this is all untrue, but it has the “stranger than fiction” quality that is characteristic of many EPO stories that have proved accurate. Anyone who knows more and who can comply with the normal rules of comment etiquette, please do tell!"


Here are the relevant original bits:

Changing priorities in DG1 Earlier this year the Office issued two internal memos entitled “Closer Contacts with Major Applicants”. The reason given was to
“foster a better esprit de service, not least to ensure that we do not lose workload market share to other major Offices”.
We cite further:
“The ICT cluster has had close contact with both Canon and Microsoft recently and their experience prompted this pilot… The pilot started on 1.4 for ten major applicants.... For the 10 applicants, there will be one DG1 director in direct contact with one person in the company… The idea is that the DG1 director will be in regular contact ... with his counterpart from the applicant and that at least once in the pilot year there will be a high level visit (PD, directors, DG2 and DG5 representatives where necessary) to the company.”


And also:

One of the early off-shoots was that directors and examiners were gently reminded that the Office had entered in a closer cooperation project with Microsoft, so could the examiners please take care of a list of [overdue] Microsoft files for which the deadline [for the examiner to issue a communication] had expired? We obviously have no problems with reminders to examiners to prioritise files that are overdue. But such reminders should cover all files that are similarly overdue, not just those of a specific applicant.


Merpel did a fine job explaining what's wrong with the above and went on to commenting on the EPO's corruption of French media, publishing part two just 3 minutes later (at 4AM her time). To quote the outset: "Part 1 of this guide to getting your application examined earlier started with a thought experiment: should a multinational's application get examiner more quickly than an SMEs. The answer is no, but the EPO may be subtly reminding examiners to prioritise such files nonetheless at the expense of smaller applicants. Now for an even easier thought experiment. You can do this one with your eyes closed, which of course is the recommended approach for all thought experiments anyway. Two applicants (Señor Lopez from Barcelona and Monsieur Durand from Marseille) file their patent applications at the EPO on the same day. Both applications are in the same technical area. Also, both are first filings for which the EPO is committed to providing a search report and written opinion at an early stage."

We recommend Merpel's original article about this. As always, with the pseudo-anonymity offered by Google's Blogspot (in the NSA PRISM programme, which isn't too far from Control Risks staff), there are also many comments there, sometimes from EPO staff.

IP Kat beat Techrights to it regarding this scandal not just due to lack of time (we have returned from vacation) but because we are careful not to compromise sources. IP Kat thankfully reported this corruption before we did, so if anyone gets caught, it won't be our fault. We thought twice before publishing anything at all about this. If any of our readers can share information of value with us, please ensure anonymity (a lot more important than encryption in this case), then message roy@schestowitz.com. Provided the information does not put anyone at risk, we promise to give it the attention it deserves.

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
 
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day