Bonum Certa Men Certa

EPO Now a Megaphone of IP Europe, a Front Group of Patent Maximalists

Also see: IP Europe's UPC Lobbying and the EPO Connection

Miguel Herrera
Photo credit: Keltie Ireland‏



Summary: In a desperate effort to restore so-called 'demand' for patents and for the UPC, the EPO now pretends to speak for SMEs (but it's lying about the views of SMEs)

THE EPO scandals have apparently taught the EPO nothing about association. The EPO has already associated itself with all sorts of nefarious entities. It doesn't contribute much to its image.

"The EPO has already associated itself with all sorts of nefarious entities."Earlier today the EPO was propping up this greenwashing tweet, just shortly after we had explained the 'logic' behind it (it's purely marketing). But that's not the worst part.

The worst part is probably EPO choosing to retweet not one but two (the following day) bits of nonsense from IP Europe, which is a nefarious front group that promotes patent extremism (we wrote many articles about it over the years, even a week ago). They promote an EPO lie. It is being retweeted by EPO communications staff as though they coordinate these lies. Is the EPO in the bar again? The EPO is retweeting Twitter accounts which suggest that it's deeply in bed with truly corrupt lobbying groups. Appalling to say the least. They even use the same hashtags as the EPO, e.g. "SMEmanifesto".

"They also link to a "case study" of the EPO, pinging patent maximalists such as Rubén Bonet.""How #SMEs across Europe use patents to their advantage," they say, but the examples given are purely propaganda, where patent trolls are being framed as "SMEs". They also link to a "case study" of the EPO, pinging patent maximalists such as Rubén Bonet.

The EPO itself posted additional things about it. "How can SMEs unlock the untapped value of their IP? Read 12 case studies of European SMEs," it said. Which 12 case studies? Not what people might expect. It wrote about an "Irish #startup [that] established itself as a global leader in the hospital sector thanks to its #IPstrategy" (interesting timing given the latest news from Ireland, which walks away from the UPC).

As someone explained in a comment yesterday, "European SMEs under the UPC will [be] faced [with] increased pressure" as it's them who would suffer the most. Here is the comment in full:



Let us be clear, the companies that stand to benefit from the UPC will be those that: are well resourced; have commercial operations in numerous EU Member States; and operate in an area of technology where enforcing patents (or "clearing the way" / defending infringement suits) is an important part of doing business.

It is perfectly possible that some SMEs might see the UPC as an opportunity to “move up to the big league”, and may therefore be optimistic about the system.

On the other hand, those SMEs that (choose to) remain small, or operate in only a small number of countries, have every reason to fear the advent of the UPC. It is simply not designed for them. Indeed, some features of the Unitary Patent Package, such as the EUR20k fee for an invalidity defence and changes to jurisdiction (ie ultimately giving the UPC exclusive jurisdiction over all EPs), could prove to be a nightmare for those SMEs that do not have the pockets (or the stomach) to “play with the big boys”.

This is where I think that politicians involved in this project have wildly miscalculated. That is, they seem to have assumed that all (or most) SMEs will seize the opportunity the UPC offers to expand their horizons. However, my experience leads me to believe that both practical and psychological factors will lead to only a relatively low percentage of SMEs taking this route.

Then there is the thorny issue of what happens to SMEs that are only in the embryonic stage that are hit with an infringement suit at the UPC. What will be the survival rate of such SMEs? Will it be higher or lower than at present? As far as I can see, the clear answer is that the survival rate will go down.

So the lessons are clear. European SMEs under the UPC will faced increased pressure to either grow (quickly) or get lucky (ie avoid actions at the UPC) to survive. We shall just have to wait to see how SMEs respond to such “evolutionary pressure”... but the overall prognosis looks far from promising at present.


For the EPO to continue spreading this lie that UPC would good for SMEs serves to reinforce the view of chronic lying. Finding a dozen or so SMEs (among tens of thousands) isn't just unscientific; it's offensive to the vast majority of SMEs, which the EPO is happy to misrepresent.

"The EPO will probably continue down this route, which leads neither to the UPC (a failed project) nor growing "demand" for "products" at the EPO."Keltie Ireland‏ (based in Galway) wrote today: "Miguel Herrera of the European Patent Office @EPOorg explaining what can and cannot be patented in Europe @MedicalTechIre #medtech #patents pic.twitter.com/UEQEN3jZQb"

"It does not matter what the European authorities say," I responded, as the "EPO enables patents on anything. Quality dead."

The EPO will probably continue down this route, which leads neither to the UPC (a failed project) nor growing "demand" for "products" at the EPO. Battistelli has truly ruined the Office. He also alienated stakeholders, not just his staff.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024