Bonum Certa Men Certa

EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

The UPC would be an SME killer and they very well know it

Benlogo tweet
New tweet by someone incredibly thin-skinned



Summary: Judging by the EU's nearly blind and unconditional support for the management of the EPO -- no matter how abusive and corrupt it has gotten -- one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe's businesses -- the productive firms to which patent maximalism often represents far more risk than opportunity

"Assisting the Second day of the training for [EU] @IPRHelpdesk ambassadors at the [European Patent Office (EPO)] in Berlin," wrote a patent maximalist in Twitter shortly before blocking me for merely replying to him. He was retweeted by EPO PR people, revealing (yet again) close connections between the EU and the EPO. Remember that the management of the EPO insists that it is not an EU institution (it certainly predates the EU) and therefore it's above the law and nobody can hold EPO officials accountable for their corruption. That may sound OK on the surface, but the overlap and connections are very clear to see and abuses are also clear to see. So the immunity ought to end. António Campinos probably did not break laws himself, but he helps cover up Battistelli's and he perpetuates all the old crimes. He's also promoting software patents in Europe and inappropriately meddling in cases before BoA (to push for software patents). Imagine the Director of the U.S. Patent and Trademark Office (USPTO) meddling in PTAB cases or even Federal Circuit/SCOTUS cases regarding 35 U.S.C. €§ 101. Sure, the existing Director ignores their caselaw, but he's not attacking those judges. It's nowhere as bad as in the EPO, where judges are literally being bullied by the President of the Office and his bulldog from Zagreb.



"It's nowhere as bad as in the EPO, where judges are literally being bullied by the President of the Office and his bulldog from Zagreb."On the same day the EPO mentioned "Patent litigation, from A to Z," whereupon I said that "EPO should focus on patent EXAMINATION and SEARCHING!! NOT litigation. But today's EPO is so unhinged and debased that it goes out of its way to help bullies, trolls, and litigation conglomerates" (such as LESI).

Remember that the EPO -- like those litigation firms -- wants the UPC, which is an EU system!

"Remember that the EPO -- like those litigation firms -- wants the UPC, which is an EU system!"SMEs do not need an EU system or an EU-wide/pan-European litigation system as they don't operate outside their country (otherwise they're probably not SMEs). "There were already amendments for a cheaper path for SMEs," Benjamin Henrion noted, quoting: "6. Emphasises the need for preferential treatment for smaller actors, in particular researchers, SMEs and innovative companies, in the form of a differentiated and simplified cost and procedural structure;"

More "SME" 'tweets' from EPO have just been posted, distracting from the harm caused to them by the EPO. "Even pending patents can contribute significant business value," the EPO wrote. "That's one conclusion of our SME case studies."

Who funded those 'studies' and what was their required outcome? Are those SMEs representative of the whole? The UPC lobby spent a number of years lying about SMEs, pretending to speak for them and pretending that the UPC would favour them (the exact opposite is true).

"I am not alone to think the UPC will have to be renegotiated," Henrion wrote, "due to the departure of the UK from the list of the 3 countries that are needed in order to enter into force. UK, heavily lobbied by the patent industry, asked CJEU to not be involved in patent law [...] Yesterday, there was a smell of hope for software patents and the UPC. I learned about a bomb which I cannot tell at the moment..."

He had organised a protest against the UPC one day before he wrote that.

"The UPC lobby spent a number of years lying about SMEs, pretending to speak for them and pretending that the UPC would favour them (the exact opposite is true).""They can try to rename the whole thing again," I responded, "taking another half a decade with additional constitutional barriers as the public caught up and the litigation lobby caught by the flashlight in the dark..."

As an aside, Henrion took note of an old article regarding IP2Innovate. To quote the article: "The new industry body is primarily concerned about the impact of patent trolls on innovative companies in Europe and believes that the situation will exacerbate dramatically if and when the Unified Patent Court is put in place."

"CDU/CSU moving on software patents under the car industry lobby," he wrote, but "no abolition yet, bifurcation..."

From the said page (in English): "Patents registered in software and telecommunications in particular often turn out to be unjustified in the end. This has to be clarified quickly and legally."

"How often do SMEs enforce a patent EU-wide? Almost never.""Copying Germany as a model is not good," Henrion added. "Germany has a bifurcated patent court system which is a magnet for patent troll. German Minister is now considering removing bifurcation..."

One patent attorney who is occasionally sceptical if not critical of the UPC responded: "You have a point. I love the bifurcated system when I have to enforce, and I hate it when I have to defend..."

How often do SMEs enforce a patent EU-wide? Almost never.

Recent Techrights' Posts

Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
Links 05/03/2025: Prioritising Science, Patents Squashed
Links for the day
New Short Clip of Richard Stallman's Thoughts on the "Hey Hi" (AI) Hype, Courtesy of Manuel Cuda News
about 6 hrs ago
What Microsoft and GitHub Really, Really, REALLY Do Not Want You to See or Know About
They're trying to misuse law in a completely different continent or to allege that reporting important facts is in breach of privacy law
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
 
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025
Gemini Links 05/03/2025: News Processing, Misbehaving, and Git
Links for the day
GNU/Linux Cracking Past the 4% Barrier in Hungary
There are still quite a few very famous developers and Free software projects from Hungary
Meanwhile in the Matrix Room #dei:fedoraproject.org
Remember that IBM does a lot of perception manipulation
Rumour About Red Hat Layoffs Yesterday
Can somebody from Red Hat or someone who knows someone there (impacted or not) confirm that there are layoffs this week at Red Hat?
What is fixated behavior? Stalker or just a fan of Emma Raducanu?
Reprinted with permission from Daniel Pocock
In Iran, GNU/Linux Reaches New Highs, According to statCounter
Does that make sense? In light of geopolitics? Probably.
Always Safety First
We have some reasons to suspect that one of several parties (possibly not in the UK but having connections here), having suffered major and very expensive setbacks, may look to harm the messenger one way or another
Links 05/03/2025: Starbucks Debt Soars and CFO Changed, Apple Pretends to Value Privacy, "Cloudflare Blocking Privacy Focused Users From Accessing Third-Party Websites"
Links for the day
Canonical's Latest Love Letter to Microsoft (Ubuntu Promoting Proprietary Spyware With Back Doors)
Typical Canonical, promoting Microsoft (and sometimes Windows) instead of competing against them
GNU/Linux Climbs to Record Levels in Switzerland. Can the EU, Norway, the UK, and Switzerland Divorce GAFAM?
Germany openly speaks about becoming independent from the US. How about Switzerland?
Gemini Links 05/03/2025: Living in Interesting Times, Font, and Social Control Media with Gos v1.0.0
Links for the day
Just Because Common Currencies (Including the US Dollar) Are Considered Uncertain Doesn't Mean People Should Adopt Volatile Multi-Level (Pyramid) Schemes
the scammers are trying to "go mainstream"
Use RSS Readers Instead of Social Control Media
RSS readers were designed to save time. Social Control Media was designed to waste time.
The 'Windows Era' Already Came to an End
Microsoft said to shareholders everything would be alright because of "clown computing" and then "hey hi"
The Fall of the Open Source Initiative (OSI): Microsoft Committing the Largest GPL Violation in Human History, Then OSI Covering That Up on Microsoft's Payroll
LLMs don't make GPL violations any more noble or acceptable; it's not hard to see what OSI was paid by Microsoft for
Social Control Media as a Rapid Race to the Bottom - Part II - Think Before You Talk
The 'socmed' nonsense does not exist in our home
Links 04/03/2025: Hardware, Health, Data Breaches, Politics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 04, 2025
IRC logs for Tuesday, March 04, 2025
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock