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

Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day