Bonum Certa Men Certa

The Patent Trolls' Lobby is Losing the Battle for Europe

UPC boat sinks



Summary: The situation in Europe is looking grim for patent trolls, for their policies and the envisioned system (which they lobbied for) isn't coming to fruition and their main casualty is the old (and functioning) EPO

THE European patent framework had worked for decades; it worked a lot better before a "disruptive" Battistelli came in and decided to break the EPO, violate the EPC, and promote the UPC in Paris. It's almost as though Battistelli was assigned/delegated the task of making Europe more attractive to patent trolls.



IAM's editor, supported by the EPO and funded by patent trolls such as this, gave a helping hand and platform to the patent trolls' lobby (most latterly on SEP policy in Europe). We wrote about this on Friday. He was apparently speaking to the trolls' lobby over the weekend; he was looking for information about the outcome and came up with a slanted headline that spins a non-decision. This is what he says happened on Friday:

A meeting held last Friday inside the European Commission between various directorates-general that was supposed to finalise the wording of a keenly-anticipated Communication on the licensing of standard essential patents broke up without resolution, IAM has learned.

[...]

The Communication was due to be made public on 29th November, but this latest development must put that date at risk. Although not a legally-binding document, a paper from the Commission outlining its views on SEP licensing for the age of 5G and the Internet of Things would be extremely influential, not only at the negotiating level, but also in courts hearing SEP-related disputes. This is even more the case given that, up to now, Europe has been seen as taking a much more balanced approach to SEP and FRAND issues than the US and many Asian jurisdictions, where the needs of technology implementers have gained the upper hand over those of the entities that created the technology in the first place.


We wrote about this lobby last month as it's about software patents too. They just use buzzwords like "5G" and euphemisms such as "FRAND" (which means the very opposite of what this acronym stands for).

Why are software patents even being entertained at all in Europe? The matter was supposed to have been settled and dusted a dozen years ago. Well, when dealing with a patent office which is effectively above the law (immunity) and routinely breaks the law, then it seems abundantly clear that no rules apply. It's a lawless affair.

At the moment, the EPO delivers crappy "products" due to Battistelli (he treats public services as though it's a business) and now, with decreasing demand for these services, fees go down too. Watch AA Thornton & Co's Alex Hughes sucking up to Battistelli and boosting his blog post. This is from a few hours ago: "There are also plans to extend the agreement providing cost reductions for SMEs and universities, and to reduce the fee that the EPO charges to national offices who outsource search work to the EPO. Additionally, the EPO proposes not to apply inflation-based fee increases in 2018-2020. We congratulate the EPO for these proposals and await confirmation in December."

The EPO has been trying to associate itself with academia and SMEs lately. It's merely a publicity stunt -- one that AA Thornton & Co is keen enough to perpetuate.

EPO insiders have been speaking for quite some time about declining patent quality and substitution of domain experts with 'machine operators' that are rushed to rely on automated scans of applications (like a registration office, a la INPI almost).

One such program we already wrote about earlier today. Comments have begun to appear, starting with:

Shocking that the EPO don't reply instantly. Luckily the Kats have access to a broad community for obtaining information for their work.


Here is a translation of the pseudo-jargon/marketing:

"The purpose of (semi)automatic search is to automate as far as possible the search process and eliminate all non-value added steps for examiners at the beginning of the search workflow."

Or rather, the purpose of semi-automatic search is to de-skill the task of patent searching so as to enable the highly skilled and experienced examiners to be replaced by unskilled workers on short term contracts.


"Sounds like it should be re-named "NO ANSERA"," said the next comment.

Like "Early Certainty" it's just cheapening of what used to be a decent workflow involving several domain experts and a long window for oppositions, appeals, etc.

That old system is no more. Battistelli threw some of that system at Haar.

Will any of that be fixed next year? Don't count on it. As we explained a few days ago, Battistelli's 'heir' will continue along similar lines. Don't pay too much attention to spammy sites (primarily advertisements disguised as articles). One of them said today that the "New EPO president looking to cooperate with USF," but that's not the same as cooperating with SUEPO or giving dismissed SUEPO heads their jobs back. The article is mostly quoting the letters again (nothing new there). For instance:

In October, SUEPO said it was willing to embark on a road of “fruitful cooperation” with Campinos, provid there was “respect by top management for the rule of law”.

In his reply to the USF, Campinos—while not referring directly to SUEPO—said he had “always prioritised human resources matters” and “developed an open and fruitful relationship with the representatives of the staff and their associations” during his tenure at the EUIPO.

He added: “In this sense, I look forward to continuing the cooperation between the EPO and the USF once I take up my duties as president of the EPO next year.”


What about SUEPO? Or as this comment put it 3 days ago, what about the stakeholders (emphasis below)? To quote:

The words are nice, but facts matter. If no real improvement of the staff situation at the EPO follow soon, then the new president will not get staff behind him, and the struggle will continue. The EPO does not need a manager, but a leader!

It is also in the interest of the IP world as a whole, that changes have to come, and especially the run for production/productivity has to stop.

If the new president wants to improve the situation, he will also have to listen to the users of the EP system. The EPO is there to help its users, not to decide what is good for them without consultation. The various publications of Mr Bausch on this blog (I-IV) are worth reading again.

The Boards of Appeal have to obtain a level of staffing commensurate with their duty.

Last, but not least, the idea of giving renewable 5 years contracts to examiners and legal staff dealing with procedural aspects, should be dropped instantaneously. If the new president endorses this policy, then it will be a sign of how little he values these functions, and he will stay as a mere manager, but not show that he can be a leader.

The outgoing president has not even be a manager, but for his own benefit and that of his cronies.


In summary, no SEP trap, no UPC, and thus less of a litigation mess. Unfortunately, however, there is also no patent quality, no safety for the career of sophisticated patent examiners, and no prospects for an important office which helps determine Europe's competitiveness.

Recent Techrights' Posts

Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
 
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025