Bonum Certa Men Certa

Europe Under Siege by Patent Lawyers, UPC Ambitions, and the Administrative Council's Continued Passive Support of Battistelli

Pyramid of Patent System
A 1911 Industrial Worker publication advocating industrial unionism (unedited original is in the public domain)



Summary: The interests of Europe, historically a beacon of innovation, are being jeopardised to give way for the interests of the rich and powerful, including foreign corporations/billionaires (along with lawyers whom they hire to help perpetuate their power)

OUR previous post spoke about patent trolls and software patents, which are closely connected in practice (statistically-meaningful supportive evidence does exist). We still worry -- and apparently SUEPO does too -- that patent scope at the EPO has gone awry and we believe that it will get a lot worse if (or when) UPC becomes a reality.



"The UPC would bring even more of them (patent lawyers, patent thickets, patent trolls) to Europe. "We couldn't help but notice that in Europe too patent trolls are becoming a problem and they utilise software patents. The UPC would bring even more of them (patent lawyers, patent thickets, patent trolls) to Europe. It would be a bureaucratic mess. Some people make a lot of money from such a mess, as do military contractors at times of war and conflict, even just tensions (catalysing proactive armament, akin to patent stockpiling).

Patent lawyers from Marks & Clerk have just published (today) an article in which they try to study how to overcome those 'pesky' boards when it comes to patenting. The boards, including the Enlarged Board, sometimes help squash software patents. Marks & Clerk (also today) gives tips for tricking/fooling the judges. Meanwhile, in another example form today, other patent lawyers want and pursue the UPC because they gain from it at the expense of the European public. Watch how they're jumping the gun ahead of the European public even voting on it:

The Eversheds UPC team attended a teach-in session in Luxembourg on 17 November 2015 with the providers of the UPC Case Management System ("UPC CMS"), which is currently in alpha testing.


There will soon be an EPO-sponsored pro-UPC event in the US and this new softball (questions) interview with Battistelli is UPC promotion as well. As one person put it: "The section on the Boards of Appeal, in particular, is full of what can only be described as complete and utter rubbish" (not just that section, but it's behind a paywall, at least from here).

This is a truly shameless attack on democracy. It's the patent microcosm that's conspiring to make it so, usually behind closed doors, for its own selfish interests. Incidentally, the statement from the Council has just been published and it says that it "again expressed concern about the deteriorated social climate and called for initiatives and genuine efforts from all parties involved to seek compromise solutions to end a situation detrimental to the proper functioning of the Office and the public image of the whole Organisation." Well, no wonder; it's self-inflicted.

As one new comment there put it:

I am struck by the exhortations in the Communique for "compromise" on all sides. More useless hand-wringing and more futile expressions of disappointment.

I defer to commentators here with better inside knowledge than me, but I wonder, do general readers (or even the political masters of those who sit on the EPO's AC) realise how remote the EPO is from the Rule of Law, when it comes to disciplinary proceedings against EPO employees?

As I understand it, any unfortunate employee who comes to the attention of the authorities in Eponia faces disciplinary proceedings in which the EPO President is the prosecuting entity. Not only that, the President's men form the tribunal that hears the case and passes judgement on it. Not only that though. It is the President that enforces the judgement.

And if the President of Eponia does not like the judgement, he is free to ignore it, re-write it, and enforce the judgement as re-written to his liking. There's nobody (except the AC) to stop him.

Here in Germany, there are great expectations placed on adults, to set a good example to the children. Woe betide anybody who zips across a street in the presence of little children, before the pedestrian traffic light has switched from a little red man to a little green man. Rules are to be obeyed, not broken. Officious bystanders do more than wring their hands. They inform the police that you have committted an offence.

But whenever there are no Rules, why then you can behave as you like. Speed down the 2-lane Autobahn A 92 to Deggendorf at 250 km/h? Even when the inside lane is full of slow-moving traffic and the road is greasy. No problem!

So imagine The President's Chief General Counsel, his German Consigliere, Herr Lutz, giving advice to his boss, whispering in his ear. Boss, ignore the AC. You break no law, you offend no Rule. There are no police. Ergo, you do no wrong and there is nothing to stop you continuing, boss, to your heart's content.

In truth, the only thing that can stop the reckless vehicle is the AC. And all the AC seems capable of doing is wringing its hands and calling on the parties to "compromise". Is that the best they can do? Is that all they've got? The faceless members of the AC ought to be ashamed of themselves.

As for the political masters of the AC members, politicians have this great ability to see things in a way that no shame ever attaches to them. They all fancy themselves as Teflon Tony. They distance themselves, don't they, and deny any responsibility.

On mainland Europe, nobody understands the English notion of equity/fairness. English readers just do not grasp how offensive it is to the Rule of Law, what goes on inside the EPO. The villain is a Frenchman that looks like Napoleon Bonaparte and the season of pantomime is upon us. When the English yellow press runs the story though, it will be another reason for English voters to decide to walk away from the EU.


Patent examiners ought to realise (at least reevaluate or reassess) their role in this cross-national system. They can use their knowledge and influence to steer patent policy in a sane direction, e.g. to maximise health (e.g. saving lives in poor economies), class-agnostic commonwealth, and innovation. Patent examiners don't work in a production/assembly line (should not be treated as such either) and if they act as public servants in a public service, then the collective interests of Europe -- not those of some large foreign corporations -- should always be paramount. If Battistelli and his goons stand in the way, get rid of them.

Recent Techrights' Posts

Televisions Have Become Billboards
Bottom line: you get what you pay for
 
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day