Bonum Certa Men Certa

EPO's Jeremy Philpott Confirms That Discriminatory (Software) Patent Processing Practices Started With Microsoft, Because of Microsoft

...While patent lawyers of European SMEs accuse Microsoft of swamping the EPO

Summary: Jeremy Philpott comes to Grant Philpott's defence after it became evident that Microsoft, a notorious patent bully, is treated like a V.I.P. by the European Patent Office (EPO)

THE EPO's non-technical managers (the source of so much abuse as of late) are in very poor form. It hasn't been an easy week for the management, which saw around 1,300 of its own employees protesting in public, despite a terrible protest-crushing effort that caused protesters to risk their lives (more on that in our next post).



Jeremy PhilpottWe now know for sure that Grant Philpott pushed or pressed patent examiners to treat Microsoft like a V.I.P., ignoring a lot of European SMEs whose patent applications (far fewer) were overdue for much longer a time. One British patent lawyer told us that for SMEs it can take up to 9 or even 20 years (yes, the lifetime of a patent) just to be granted a patent, based on his worst experiences. "This is incredible stuff," told us one person who is an expert in this field, "and proves what we knew--the EPO has a cosy relationship with Microsoft." Grant Philpott (not to be confused with Jeremy, whom we last mentioned here 6 years ago and probably hasn't a family relation with Grant) did not comment on this. Somebody else does. That's Jeremy (shown to the left, photo from epo.org). All we know is that the EPO's Web site claims he is "Deputy Spokesperson" in "Communication, Munich" (his bosses are named above him), so he may not have been careful enough. Maybe not so well prepared. He only revealed yet more internal information -- information that we ourselves could not obtain, let alone verify. Nice own goal got scored there!

Jeremy Philpott inadvertently only revealed yet more information, without introducing any new defence of these practices (we saw the same spin in WIPR the other day). IAM spoke to the EPO for the other side of the story, pursuing a response that somehow salvages the EPO's already-tarnished reputation. It resembles what we heard before, but it highlights the special role Microsoft played in all this. Here are some relevant bits from this long article:

The European Patent Office (EPO) has strongly denied claims that a recently leaked memo that refers to “a closer cooperation project with Microsoft” shows that the agency is favouring the interests of big corporate applicants over those of SMEs. In an exclusive interview with IAM, spokesman Jeremy Philpott stated that a pilot project entered into with Microsoft and a group of other large companies is actually designed to ensure that applications from large-scale filers do not swamp the accelerated examination request programme at the expense of submissions from smaller entities.

[...]

Speaking from the EPO press office in Munich, Jeremy Philpott explained that while many larger private practice patent attorney firms have traditionally had key account managers inside the agency who had been able to work with firms to identify issues and problems that clients might be having with their applications, this has not been the case for filings submitted directly by in-house teams. That has made it much harder to deal with any difficulties or to co-ordinate approaches to applicants across different technical areas.

The catalyst for developing the pilot scheme, Philpott continued, came from issues that Microsoft was a having with around 450 applications which it felt had stalled and concerns inside the office that this may lead to a request for accelerated examination for all of them. If this had happened, he stated, it would have led to a situation in which the process would have been jammed by files from just one company.

Instead, Philpott explained, it was suggested to Microsoft that in return for not submitting a blanket request, it would identify a smaller list of files to go through the process and that this would be updated on a regular basis. In that way, the ability to handle accelerated examination requests from other applicants would be safeguarded.

Having developed a communication and coordination strategy with Microsoft it was felt that something similar could also work with other big filers – hence the pilot programme. “By being selective with the big companies we can ensure that the process is not swamped by a small group of applicants and so have kept the capacity for handling accelerated exam requests open to everyone,” said Philpott.



It is the same official spin, which we responded to earlier this week (after WIPR had spoken to the EPO, also seeking comment). It makes little sense, still, even now that they try to refine their 'damage control' by making it a bit longer and revealing yet more stunning details of the special relationship between Microsoft and the EPO.

One doesn't need to be a sceptic of software patents and Microsoft to see what's wrong here. Not even patent lawyers are convinced by this. In an exchange of about 100 messages today, Tangible IP, a British law firm which claims to work for British/European SMEs, said about the above article the following [1, 2, 3, 4, 5]: "Not that reassuring for smaller corporate filers with in-house attorneys or small advisor firms. I think it's time for serious analytics and transparency. At the USPTO I can check performance. It's all very well making a formal complaint but many are recticent to do so for obvious reasons. The observations on competition are interesting. Quality is not the issue....it's quantity. I doubt Microsoft was threatening to use KIPO on quality basis. They want speed just like SMEs."

"One more point on this topic," Tangible IP added, "Microsoft should be encouraged to use USPTO for PCT and not swamp EPO."

Well, Microsoft is now stockpiling for its ongoing wars against Android, Tizen, Ubuntu, Mozilla/FirefoxOS, GNU, Linux, and so on. Microsoft announced billions of dollars in losses not too long ago (layoffs too), so patent aggression and racketeering may be all it has got left.

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway", —Marshall Phelps, IAM: Microsoft to have 50,000 patents within two years, Phelps reveals

Recent Techrights' Posts

Sites Writing Fake News About Linux Using LLMs (Microsoft Hype That Promotes Misinformation)
RMS recently called these "bullshit machines"
Pushing Nonsense Using the Brand "Linux"
the trademark "Linux" might already lack potency
In China, statCounter Seeing Windows Vista 11 as Falling 2.5% This Month Relative to Other Versions of Windows (Vista 7 Grows Its Gap Over "11")
Vista 7 is bigger!
 
Links 15/09/2024: Sci-fi London 2024 and Outsourcing to Proton Mail
Links for the day
Links 15/09/2024: French Teachers Quit in Droves, Why 'eSports' are Not Sports
Links for the day
[Meme] Red Hat Staff Must Learn IBM's Dark History (IBM Still Boosts Donald Trump, So No Lessons Learned)
This isn't a subject for humour
Don't Fall for Reputation Laundering and Whitewashing
Remember history, don't pay attention to PR and charm offensives
[Meme] Microsoft as a Joke That Writes Itself
"Microsoft confesses its recent security updates…broke Windows 10 security patches"
GNU Turns 41 in Just 12 Days
Can truth and science be resuscitated, please?
[Meme] Large Language Models (LLMs) Destroy the Web With an Ocean of Disinformation and Misinformation, Falsely Promoted as "Intelligence" by Microsoft et al
"Microsoft bribes the media to say 'Microsoft loves Linux'"
Dr. Richard M. Stallman (RMS) Asks People to Stop Calling Large Language Models (LLMs) "Artificial Intelligence" (AI)
"I think that the first step is stop calling them AI"
Even Microsoft Boosters Think XBox is Doomed
"Reports Say Morale At Xbox Is “Very Low”"... a Microsoft booster cited by them
Dr. Richard M. Stallman (RMS): "There are still people who make it their business to try to stop me from getting invited to speak, and it's a slow process working back from that"
From the talk he gave last month
Very Few Invidious Instances Still Work (for Video Playback)
Google has sabotaged Invidious
Gemini Links 15/09/2024: MINIbase and Pocket Reform Experience
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 14, 2024
IRC logs for Saturday, September 14, 2024
[Meme] The Prosecutor and Prosecuted, the Community and Businessmen (Red Hat)
"Social justice is not a corporate slogan or identity politics"
Dr. Richard M. Stallman (RMS) Explains Why So-called 'Cryptocurrencies' Suck and Why GNU Taler is Better
"I've never used cryptocurrency. There were things I found disappointing and worrisome..."
Links 14/09/2024: Verizon's 5,000 Layoffs and China's 'Runaway' Pension Age
Links for the day
Gemini Links 14/09/2024: Comparing Costs and Being "Tamed"
Links for the day
Wine Took the Bait (Mono), Soon Starts the Microsoft Circus With the Banhammer
large companies are exercising more control over the thing/s they claim to "donate" to
Links 14/09/2024: Science, War, and Politics
Links for the day
Transcript (and Correction) of Dirk Hohndel's Interview With Linus Torvalds in 2014
A lot of things have deteriorated since then
Microsoft Asia President Ahmed Mazhari Leaves the Company
Even everything they say about Mazhari is just "prepared" quotes from Microsoft itself
This is Not a Sustainable Way to Run Microsoft
This is a downward spiral
Contrary to What Microsoft Claims, Teams Were Cut Yesterday, XBox Sales Have Collapsed, Layoffs Announced at 3AM (in the Morning)
There is actually a lot of media coverage about this, unlike prior waves of layoffs at Microsoft
Last Month Dr. Richard M. Stallman (RMS) Explained Why You Should Delete GitHub
RMS explained why
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 13, 2024
IRC logs for Friday, September 13, 2024
Gemini Links 14/09/2024: LoRa, ROOPHLOCH, and Crafting a Programming Language
Links for the day
[Video] Why Hurd and MINIX (or BSD) Didn't Get Ahead of Linux?
We've converted the video into WebM to make it more accessible
Dr. Richard M. Stallman (RMS) Explains That a Free/Libre Program Running on Somebody Else's Server (e.g. Clown Computing) Leads to Freedom Deficit
"when you are doing your computing you must not entrust that to somebody else's server because users including you should have control over their own computing but you can never have control over what somebody else's server does because somebody else installs software in that computer and configures it and thus decides what computing it is going to do."
ircII Has Turned 35
Don't listen to people who say IRC is "dead"
[Meme] Code of Conduct in WINE
irritate productive developers...
Number of Gemini Capsules Rising Closer to 4,100, Certificate Authority "Let's Encrypt" Down to 1.1%
Some time soon the Certificate Authority "Let's Encrypt" will probably fall below 1%
Richard M. Stallman Explains Why the Web Becoming a Pile of Proprietary JavaScript Programs (Not Pages to Render) Does Harm to Web Users
"The web was designed to let users control how that data would be rendered but businesses didn't like that."
[Meme] From Checked by Three Examiners to Gone (Granted) in 3 Seconds!
twice as many monopolies with 10% less staff
EPO Staff Representatives Explain the Latest Corruption at the EPO in a New Paper
Owing to corrupt management the EPO has resorted to corporate crime or organised crime designed to benefit large corporations. Who will pay the price? Everybody else in Europe.
Links 13/09/2024: Crackdowns on Bloggers, Deepfakes, Internet Archive‘s Wayback Machine Now in Google Search
Links for the day
RedMonk: September the Month of the Mouth of Redmond (Still)
the usual storyline, i.e. what's not controlled by Microsoft's proprietary GitHub simply does not exist
Links 13/09/2024: Disinformation in Focus, End of Presidential Debates (Trump Accepts It Hurts Him)
Links for the day
Mono as a Double-Purpose Trojan Horse Inside Wine
And now they can oust founders and top contributor with a CoC
This is How Bad Things Have Become at Microsoft
We're seeing nearly 80 reports in English about those layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 12, 2024
IRC logs for Thursday, September 12, 2024
Links 13/09/2024: Recorded Future Bought by MasterCard, Bits of Freedom Turns 25
Links for the day
Gemini Links 13/09/2024: Towards Aristocratic Personal Computing, Technology and Privac
Links for the day
Once Again, Mass Layoffs at Microsoft (Just Like Every Month This Year)
Reporting and articles trickling in (in recent hours)
Rumour: Layoffs in IBM Consulting Today
IBM has had many layoffs lately