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

Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
 
Links 16/02/2025: Nostalgia for Physical Media and the US Government Actively Promotes Pro-Kremlin Politicians in the EU
Links for the day
Gemini Links 16/02/2025:Life, Cynicism, and languages
Links for the day
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025