10.27.15

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European Patent Organisation: Hallmark of a Corrupted (by Corporations) Entity

Posted in Europe, Patents at 5:24 am by Dr. Roy Schestowitz

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Summary: Assorted remarks on what has become of the EPO, which was once aligned with European people and is now, on the face of it, aligned with foreign megacorporations because it wants more money and power (just like a corporation with private shareholders)

THIS week will bring some important articles about the EPO, which is desperately trying to avoid negative publicity. Seeing what happened to FIFA and Volkswagen in Germany sure is a strong motivator.

We wish to warn everyone that the EPO will bring us software patents if it carries on in this current trajectory . Recent articles like the USPTO‘s “USPTO Advances Cooperation with Foreign IP Leaders” and the EPO’s “EPO and USPTO renew their commitment to joint classification scheme” show an ambition which we warned about on numerous occasions half a decade ago, aided by Wikileaks and relating to what was known at the time as Europe's patent "harmonisation" or Community Patent (now it’s known as UPC, as the names continue to change so as to evade negative publicity).

We are amused to have read the patent maximalists from IAM praising of the USPTO’s patent ‘quality’, knowing that the USPTO’s patent ‘quality’ is somewhat a joke (many examples to show for it). With a 92% "success" rate, just about everything someone submits to them (close to 19 out of 20 applications, including repeated attempts) will be deemed ‘innovative’ and ‘novel’. This is the ‘banana republic’ of patent systems. China’s patent system is also notorious in that regard (only cares about numbers), and Benoît Battistelli recently liaised with them too. It’s boasted about in the EPO’s Web site. Is China now Europe’s role model? Well, on human rights in the EPO it sure is…

Sadly, the EPO goes down the same path as the world’s most notorious systems. Under Battistelli’s regime it is happy season for the bogus ‘invnstors’. His regime, which only strives to maximise profit, made it implicitly clear that the EPO invites yet more crappy applications (pushing quality down), so more people submit applications and the regime celebrates this, as it this is a “success”.

Remember that this is the regime which is now willing to grant patents on life, just like the USPTO (see the article “EPO Backs Patents On Conventional Plants: Broccoli, Tomato Cases Decided”, composed by the Switzerland-based IP Watch).

“What we have right now is a Trojan horse right at the very heart of Europe, flagrantly breaking laws (because it claims immunity from them, like the Mafia) and serving large foreign corporations as a matter of priority.”If the EPO already follows USPTO when it comes to patenting life, then why not algorithms too? Or sandwich-making? Cui bono? Battistelli and the large corporations whom he evidently serves as a matter of priority, even if these corporations are not at all European.

Battistelli does not want to hear criticism, so he has launched a new, vicious war against the messengers. The “EPO [is] Still In Turmoil,” wrote IP Watch several days ago, “As Supervisory Body Backs Dismissal Of High-Level Staff” (those who 'dare' not to agree with Battistelli's horrible plan and poor vision for the EPO).

“Well over 1,000 EPO staff have been in revolt,” wrote IP Watch. These are the brave people who decided to attend in spite of threats from the management. Imagine how many people would have attended if it wasn’t for an atmosphere of terror, created by high-level management. “An article in the Techrights blog here details concerns and criticism of the EPO,” IP Watch added. “An article in the IPKat blog summarises various recent blog articles on the EPO.”

Earlier this year IP Watch published the article “European Patent Office Tapped Computers”. Yes, even China would be envious of such repressive measures.

How is the German political intervention into EPO abuses coming along? There was supposed to be a word about it at the end of September. No word though. What happened to the investigation? Was it politically thwarted? Will the police ever get involved? We quite frankly doubt it because people in power tend to protect other people in power. Actions must therefore come from below.

Europe would be far better off if the thugs who run the EPO were exiled to Sardinia or Corsica. What we have right now is a Trojan horse right at the very heart of Europe, flagrantly breaking laws (because it claims immunity from them, like the Mafia) and serving large foreign corporations as a matter of priority. This cannot be allowed to go on and even staff of the EPO knows this.

Expect the EPO’s management to become more fearful and therefore more aggressive.

“Patent monopolies are believed to drive innovation but they actually impede the pace of science and innovation, Stiglitz said. The current “patent thicket,” in which anyone who writes a successful software programme is sued for alleged patent infringement, highlights the current IP system’s failure to encourage innovation, he said.”

IP Watch on Professor Joseph Stiglitz

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