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

IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
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
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
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
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva