Bonum Certa Men Certa

The EPO's Latest Lies About the UPC and SMEs Unraveled, Long-Term Plan Described as Daunting

Battistelli sets up Europe for patent trolls and abuse

Troll bookSummary: The vision of Battistelli and the latest lies (about SMEs) are being criticised anonymously -- for fear of retaliation -- as Europe braces for impact with patent trolls from all around the world

THE EPO has sunk to new lows this week, at least as far as lying is concerned. As we said last night, one must now assume that everything the EPO's management says is a lie. It's almost always the case (and we're barely exaggerating).



Look at the EPO's Twitter account. When they don't post 'template' promotions (e.g. of some upcoming event or section of the site) they just carry on with the usual nonsense. Earlier today the EPO wrote: "The very first guide for obtaining, maintaining and managing Unitary Patents is out: http://bit.ly/2xuHsjV pic.twitter.com/Wl4xuQjUWC

"Remember that EPO examiners are smart people. They are very well educated and they obviously know all the above. They know when they're being lied to by the management and are conscious when the management lies in their name/on their behalf."So I responded: "Why put out a guide for a system that does not exist and probably will never exist?"

Later on they wrote: "See if and where a patent has been granted, if it is valid, if there is still time to challenge it, etc. All here: http://bit.ly/2uVaOpR"

They also wrote: "Want to know more about the opposition procedure at the EPO? This course will help..."

I told them that "Battistelli [had] narrowed [the] oppositions window, attacked the appeal board/s, forced examiners to issue many bogus patents" (as leaks serve to reaffirm).

"It's getting very frustrating to work as a patent examiner, no matter the level of compensation (salary)."Remember that EPO examiners are smart people. They are very well educated and they obviously know all the above. They know when they're being lied to by the management and are conscious when the management lies in their name/on their behalf. They are not happy about it, they try to join the union (in spite of retaliation risks), and they occasionally reach out to the press (what's left of it that's not paid by Battistelli to keep silent or issue PR pieces). It's getting very frustrating to work as a patent examiner, no matter the level of compensation (salary). It's not as rewarding as it used to be. "Producing stronger patents (or being able to produce them) is also a matter of professional pride for the examiners," somebody explained a month ago.

Earlier today in IP Kat we saw two good comments from what might be existing or former examiners. The first comment says almost exactly what we have been warning about for years, alluding to a long message from "Proof of the Pudding" (which had been suppressed, apparently algorithmically, until it was broken into parts).

"It is a frightening thought," said this comment," but the more one looks at the situation, one can discover what the hidden agenda of the actual president of the EPO could have been, now was: transform the EPO in an examination-light office, reduce the boards of appeal to nothing, and push the UPC at any rate."

Yes, this is exactly what we have said over the years. Here is the comment in full (buried down in a comments section that's weeks old):

Proof of the Pudding’s picture is scary, but it cannot be dismissed.

It is a frightening thought, but the more one looks at the situation, one can discover what the hidden agenda of the actual president of the EPO could have been, now was: transform the EPO in an examination-light office, reduce the boards of appeal to nothing, and push the UPC at any rate.

One does not have been scholar of the ENA (the posh stable where the president comes from) to guess who will benefit from this.

As far as the UPC is concerned, the SMEs have always been used as fig leaf to push the project through for the benefit of any other players than the SMEs. That even the Commission once thought to introduce a litigation insurance says a lot. The stance about SMEs is repeated with the regularity of a Tibetan prayer mill turning in the wind.

As SMEs benefit from a fee reduction when filing European applications, it would be interesting to see if the EPO is prepared to publish statistics about the number of filings by SMEs in member states of the EPC in general, and from SMEs in the EU in particular, and then from the countries having ratified the UPC. I take bets that the number is barely worth mentioning, otherwise those figures would have been already published.

The official filing figures at the EPO are clear in themselves, even abundantly clear: filings coming from EU states are barely above a third of all filings. The first beneficiaries are easy to find: all non EPC member states.

Another figure which would be interesting: how many EP are validated in all EU member states? How many are validated in all EPC member states?

That at the last conference on the UPC in Munich, the organisers managed to find a SME which reaves about the UPC is a good marketing coup. It is certainly not representative of the real situation of SMEs.

The UPC is a perfect example of lobbying at its best, when one sees who will be the beneficiaries of the whole system: litigation lawyers (some of them having written themselves the Rules of Procedure of the UPC) and large companies acting internationally and with deep pockets.

It might be more expensive to litigate in each and every EU or EPC country, but at least it was a barrier for stopping some bullies. And if it was worth it, the litigants had enough money to fight were the market share was worth it. How many cases of this kind?

With the UPC, no reason to refrain, in one go all are caught. In the long run the number of diverging decisions between EPC member states have gone down and will continue to go down, so why do we absolutely need an instance like the UPC?

But is looks so social to apparently care for the smaller and poorer among us….



Propaganda/echo chamber 'events' (or 'forums') are taken note of, too. The EPO organises quite a few of these nowadays (Margot Fröhlinger is doing another one in a few days in Canada), sometimes helped by IAM (which did this in the US, sponsored by the EPO's PR agency) and Managing IP (it last did this earlier this month in major cities in Europe).

It's just gross. As the above notes: "That at the last conference on the UPC in Munich, the organisers managed to find a SME which reaves about the UPC is a good marketing coup. It is certainly not representative of the real situation of SMEs."

"It's like politicians who attempt to pass laws by speaking about "terrorism", "the children", or "piracy" (they allude to copyright)."See how they're distorting the record?

No matter if SMEs oppose the UPC (the European Digital SME Alliance too has made it very clear) and the EPO covertly offered fast lanes to large corporations, the EPO persists with this lie that the UPC is "for SMEs" (or something along those lines). It's like politicians who attempt to pass laws by speaking about "terrorism", "the children", or "piracy" (they allude to copyright).

The EPO has lied about it again (as above) and later pushed a so-called 'study' with lots of EPO promotion of it (five times yesterday alone).

As the following new comment (received earlier today) puts it, the paper labels trolls "SMEs" and conveniently cherry-picks:

The choice of SME in the EPO paper is quite telling as well. Most of them are known in the industry as patent trolls. Just check a few of their patents application and see what their contribution to the art really is.

That, of course, is a direct consequence of the EPO choosing the SME with the larger number of patents for their case studies. Normal SME only patent what they really intent to manufacture and sell, which amounts to a relatively small number of patents. When a small company applies for dozens of patents each year, it usually means that their main business is litigation.



Going back to IP Kat, the next comment skewers the EPO 'study' and takes note of the incredibly low sample size:

A study about the benefits for SMEs of the patent system, and hence also the benefits they can gain by using the UPC, has been published today by the EPO:

http://documents.epo.org/projects/babylon/eponet.nsf/0/FF76F6F0783153B7C12581A2004DA0D2/$File/epo_sme_case_studies_2017_en.pdf

It looks at 12(sic) cases of successful SMEs spread all over Europe.

If a drug manufacturer would file a demand for approval supported by just showing 12 positive cases, among a total of unknown cases, and without any negative cases, no approval would be obtained, as the result is not statistically proven and the benefits of the drug have not been demonstrated. One should not be mesmerised by this apparent string of success.

To be fair, the Spanish SME which was raving about the UPC at the last UPC conference in Munich is among the 12.

The figures relating to all the filings by SMEs compared to the overall figures of filings should be urgently published by the EPO! Negative cases should also be examined as there certainly are some.

The number of cases in which SMEs have been harassed by large companies, is much more difficult to apprehend, but this figure would also be useful.

Only then, the stance about the usefulness of the patent system for SMEs will have been correctly established.

What has been done here is just blending out the full breadth of the problems faced by SMEs attempting to use the patent system, or in other words, blow smoke in the eyes and pull the leg of the inattentive reader. One wonders why?

In a conference held in 2015 at the German Patent Office, Bavarian SMEs made clear what they thought of the UPC: a nightmare, whereby the fee reduction and the help with translations costs are not worth the bother. This result can certainly be extrapolated to the whole of Germany, if not to the whole of the EU, and everybody can draw its own conclusion.



So this is the EPO in 2017.

So anti-scientific that it should be offensive to science itself.

Moreover, the EPO is offensive to human rights and labour rights. As someone explained to us today:

In 2018, the EPO will also cut another 2 public holidays for its Munich staff: corpus christi and whit monday. Both are bank holidays in Bavaria and the Munich branch of the EPO has always been closed on these days. So shops, banks, everything is closed in Munich, but not the EPO.


Nothing shall stand in the way of "production"; the trolls are relying on hastily-granted patents for them to abuse for many decades to come (even after Battistelli is no longer alive to see these consequences).

Recent Techrights' Posts

In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
 
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
Techrights is Officially an Adult
this site's eighteenth anniversary
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
It's FOSS? No, It's SPAM.
Another sellout
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)
A Cult of Fake Security
It's almost as if there's a coordinated effort to weed out and drive away people who are passionate about security for the users, as opposed to the financial security of companies like Google and Microsoft
Why Your Web Site Should Also Support HTTP (Without 'Secure')
sites which force everybody to use HTTPS have an inherent accessibility problem
Gemini Links 02/12/2024: Long Hair and Spirituality, Technology and Nature
Links for the day
Windows Not Even a 'Thing' Anymore... in North America (Where It Originally Came From)?
StatCounter shows Windows isn't even listed as a leading platform in any country in North America
Links 02/12/2024: Obesity Crisis to Worsen, Syrian Coups Rebound
Links for the day
Months After Mass Layoffs at Microsoft Nigeria Windows "Market Share" Collapses (Now Measured at 5%)
Of course the winner is Android (new all-time high of 77.3%)
Microsoft Windows is Technically at 0% in Some Countries
It's not an important platform to target anymore
Windows Measured at 5.7% 'Market Share' in Philippines, GNU/Linux Rose to 5%
It was 3.62% last month
South America Has Made It (Android Majority Everywhere) and in North America New Records for GNU/Linux Usage
Windows monopoly rents cannot be salvaged
Windows Down to Only One in Six Internet- or Web-Connected Devices in Asia
it's not looking good for Microsoft
Microsoft Windows Market Share in the United Kingdom Has Fallen to About 20%
Microsoft knows the true numbers, but it would rather not tell
statCounter: GNU/Linux Up to 4.6%, Windows Down Sharply This Month (Almost 22% Worldwide)
Let's see it the figures stay stable throughout the month
Figures of Note: Tesla's Debt Has More Than Doubled in Two Years and It's a Symptom of a Fake Economic Order
Cash infusions by taxpayers can create "billionaires" who aren't "job creators" (see what happened to Twitter) and bring no benefits to these taxpayers, only poverty
Linux Foundation Let Linux.com Rot for Two Months and Now It Posts Ridiculous Spam
Mindless shopping site
Links 02/12/2024: Journalists Arrested, Tesla Factories Destroying the Planet and Public Health
Links for the day
Gemini Links 02/12/2024: Adventures With Bevy, Google Very Evil, Jumping Into Gemini
Links for the day
BetaNews is Still a Shrine of Microsoft, and Casually Also an LLM Slop Factory
Fake articles, anti-Linux FUD, and Microsoft propaganda make a sound "business model"?
[Meme] Cyber Monday is Not a Thing; There's No Such Thing (It's a Corporate SPAM Campaign Plaguing the Web)
Enough with these fake 'holidays' that billionaires (business oligarchs) keep inventing to make more money at other people's expense (debt)
Software Freedom Conservancy (SFC) and Linux Foundation: Same Mentality of Revisionism and Plunder
Lie about history and then 'cash in'
[Meme] Software Freedom Conservancy (SFC) Begs You for Donations
How does one even spend 20,000 dollars per month???
Why Software Freedom Conservancy Does Not Deserve Money (Karen Sandler is Already a Millionaire and Her Organisation Attacks Free Software Leaders)
These people speak for "Big Money" interests, not for freedom
On the internet [sic] (Lowercase), They Spread Misinformation About the Internet
Hugh Grant remembers what happened before he was born
Richard Stallman Was Getting Honorary Doctorates Almost Every Year Until 'Cancel Culture' Stepped in, Distracting From Jeffrey Epstein's Ties to Bill Gates
This finally ended... earlier this year (October)
Self-Deprecating Attacks on RMS
Drew DeVault seems to have deleted all of his social control media accounts
When Bills Are Rising, Whereas the Demand Isn't (OpenAI is Insolvent)
Latest month on record shows traffic fell about 3 times lower than earlier this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 01, 2024
IRC logs for Sunday, December 01, 2024
Links 02/12/2024: Climate, Sportwashing, and Software Patents
Links for the day
Gemini Links 02/12/2024: Words and Apologies, Being Rude, and Geminauts 0.1.0 Release
Links for the day