Bonum Certa Men Certa

Saving the Integrity of the European Patent Office (EPO)

The imperialist ambitions of a patent office result in growing neglect of local actors

French coup d'état
Management takeover by Team Battistelli similar to French coup d'état of 1851



Summary: Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

THE main concern I have always had regarding the EPO was potential granting of software patents in Europe. I even wrote a letter to the Enlarged Board of Appeal about it (that was half a decade ago). As a software engineer surrounded by other software engineers I know that people who write software (computer programs) don't want to bother with patents. They needn't worry about who got a monopoly on which algorithm (copyright law is more than sufficient here). This worry is further accentuated when dealing with Free/Open Source software, where a lot of compartmentalised code gets imported/grafted (not licensed per se), and it is infeasible to start checking what line of code may infringe which patent. It would be lunacy to review hundreds of thousands of US patents before undertaking the simple task of writing a program. It would also put one at greater risk (higher damages due to willful infringement).

"It would be lunacy to review hundreds of thousands of US patents before undertaking the simple task of writing a program."EPO management would have to lie (with a straight face even!) if it persisted in portraying its opposition as aiming to 'destabilise' the Office. There is a big difference between destabilisation and reform. There are many abuses taking place inside the EPO, putting aside our concern about software patents. The need to obey the law or the efforts to compel the EPO's managers to obey European laws aren't 'destabilisation' efforts. Imagine a political parable; dictatorships like to say that their opposition is 'destabilising' a nation, or trying to cause chaos. Any dictatorship that deems itself 'benevolent' (which dictatorship has ever believed otherwise about itself?) will always insist on crushing opposition. That's why elections are imperative (with time limits for one single individual to run) and there is a clear separation between media and governance for instance -- a separation which EPO evidently no longer respects.

"Contrary to misleading portrayals from Team Battistelli, EPO staff is not violent. The aggressor here is actually the management."The EPO took many decades to acquire its reputation (quickly eroded by Team Battistelli, in just a few years), so efforts to fix the EPO are actually defensive and they are intended to rescue the EPO's integrity. Sometimes from a temporary/localised destruction (e.g. of tyranny at the top) comes liberation. Sometimes it's known as revolution, although the word revolution has negative connotations (with blood and violence).

Contrary to misleading portrayals from Team Battistelli, EPO staff is not violent. The aggressor here is actually the management.

“The EPO can learn from the failings of lesser successful patent systems -- systems which the EPO's current managers increasingly emulate.”EPO staff continues to receive a salary and it would in no way help this staff if it saw the EPO going away (pensions too may be at stake). What definitely would harm this staff -- in the long term -- is an EPO that suffers reputation erosion, due in part to poor patents (too broad or easily invalided in courts, e.g. using prior art which examiners overlooked). They would devalue EPO patents, which would no longer be able to justify their high and ever-rising cost. To shield the integrity of the EPO the management needs to:

  1. Stop harassing staff, as it makes recruitment of talented examiners a lot harder and leads to a loss of many skilled and experienced patent examiners
  2. Re-examine the scope of patents because in some domains (e.g. software) patents do more societal and professional harm than good
  3. Re-examine the pace of patenting because quality should come before quantity and too many patents merely saturate the market, diluting/reducing each patent's worth
  4. Restore patent neutrality, meaning that large corporations should no longer receive preferential treatment


There are many more points to be made, but this is just a very partial list. Reform is needed and the current management -- not the staff -- is resistant to a reform. It's funny just how the management reversed this whole situation, painting the examiners as Luddites. Who's really the Luddite here? It's Orwellian spin.

"It's funny just how the management reversed this whole situation, painting the examiners as Luddites."The EPO can learn from the failings of less successful patent systems -- systems which the EPO's current managers increasingly emulate. Publicly posing or liaising with Chinese patent officials, for instance, is no triumph but arguably an embarrassment for a number of reasons (beyond the scope of this post). TechDirt, which wrote about Techrights yesterday, has many articles on this subject. In fact, it wrote several such articles yesterday.

TechDirt now shows evidence of the strategy of accumulating a massive number of junk patents [1] (when about 92% of applications get patents granted at the end, what is the role of examination really?) to then attack rivals in the domestic market [2] in China (just like the USPTO and ITC enable). With UPC, widespread injunctions (a la ITC) would become possible and patent scope would likely expand, not just in the domain sense but also the geographical sense (making more parties liable and thus subjected to legal threats, if not outright actions).

Today's EPO management is bad for science, bad for lawyers (especially in the long term), bad for examiners, and even bad for European businesses, which it discriminates against. Who is the EPO good for? Evidence serve to suggest that it serves multinational conglomerates. It's like an imperial institution, complete with mass surveillance, witch-hunting, and mental torture (so-called 'interrogation' of perceived dissent which poses a threat to the empire).

Related/contextual items from the news:



  1. Stupid Patent Of The Month: Infamous Prison Telco Patents Asking Third-Parties For Money
    There are two serious problems with this patent. First, the claims are directed to a mind-numbingly mundane business practice and should have been rejected as obvious. Obvious uses or combinations of existing technology are not patentable. Second, the claims are ineligible for patent protection under the Supreme Court's 2014 decision in Alice v. CLS Bank—this is a recent Supreme Court decision that holds that an abstract idea (like contacting potential third-party payers) doesn't become eligible for a patent simply because it is implemented using generic technology. That the system failed to register either of these defects shows deep dysfunction.


  2. Chinese Company Learns From The West: Builds Up Big Patent Portfolio, Uses It To Sue Apple In China


    For many years now, Western governments have been complaining about China's supposed lack of respect for intellectual monopolies, and constantly pushing the country's politicians to tighten the legal framework protecting them. To anyone not blinded by an unquestioning belief in the virtues of copyright and patent maximalism, it was pretty clear where this strategy would end. Indeed, over five years ago, Mike warned where this was leading: towards China repeatedly punishing foreign companies to protect domestic Chinese firms -- in other words, leveraging patents as a tool for protectionism.




Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock