12.12.15

The European Patent Office is a Lobby Organisation, Was and Still is Lobbying for Expansion of Patent Scope (Also to Software) Through UPC

Posted in Europe, Patents at 12:38 pm by Dr. Roy Schestowitz

Summary: The European Patent Office (EPO) has historically been stepping outside the area of its authority and is still doing so right now, particularly when it comes to the Unitary Patent

THE EPO is widely misunderstood. We mean that in a bad way. A lot of people honestly believe that the EPO is a good idea badly or poorly implemented, or that change of management alone would resolve all the issues.

According to this site, serving as a puff piece platform for Benoît Battistelli, the EU ‘unitary’ patent is less than a year away. To quote their summary: “Matthew Newman, senior correspondent for MLex market insight, is joined by Benoît Battistelli, president of the European Patent Office (EPO) to discuss the new and long-awaited ‘unitary’ patent and how it will help boost investment and innovation in Europe.”

“A lot of people honestly believe that the EPO is a good idea badly or poorly implemented, or that change of management alone would resolve all the issues.”Well, not sure what they mean by “senior correspondent”, we deem the whole thing a sort of hogwash, like a media "presence" campaign. It was spread online with soft messages like “EuropeanPatentOffice’s President discusses the long-awaited #UnitaryPatent” (“long-awaited” by who?).

The FFII’s President has responded by saying that “the only thing the Unitary Patent will boost is patent litigation and patent filings.”

Linking to this Unitary Patent (or UPC) Web site, a City of London-based patent lawyers’ site (MIP) wrote: “Here they are at last: the final #UPC Rules of Procedure” (see attachment in there)

“Well, not sure what they mean by “senior correspondent”, we deem the whole thing a sort of hogwash, like a media “presence” campaign.”“Just the 142 pages,” they added, “happy reading!”

Happy for who? For lawyers. It’s not even of any (or much) value to patent examiners, boards, and so on. The London-based courts, as we showed here before, are being set up before Brexit/referendum. There is a push for finalisation by the patent lawyers, who are fast-tracking it so as to make reversal more difficult. The management of the EPO has been doing the same thing. This isn’t democracy, it’s more like a coup. Citizens aren’t even being consulted.

Coming up on December 28th is a talk by Reinier Bakels, Iga Bałos, and Józef Halbersztadt. Speaking at the popular CCC (in Germany), they will give a lecture titled “Software and business method patents: call for action”

“It’s not even of any (or much) value to patent examiners, boards, and so on.”To quote their abstract: “Ten years after the rejection of the European software patent directive by the European Parliament, the software patent problem still is not over. Political action is required.”

Reinier Bakels is well known for his work under the FFII, e.g. this one. The FFII has been warning about software patents for a very long time and its current President once took note of the “EPO CII microsite”. It’s no longer there, but it’s worth recalling what it used to say. Here is how the EPO microsite justified its selling of software patents: “As with all inventions, computer-implemented inventions are only patentable if they have technical character and solve a technical problem, are new, and provide an inventive technical contribution to the prior art.”

“What ever happened to separation of powers and executive branches?”The EPO called these CII (an alternative name for those controversial software patents, making them sound more sophisticated) and the address of the microsite used to be http://cii.european-patent-office.org/.

The site first appeared in 2005 (around the time of the famous vote on the matter) and it vanished some time between February 2007 and November 2007 (when it was already gone), based on the snapshots taken by the Web Archive.

Here is the page in question before in vanished and here is a screenshot of it:

EPO on CII

Well, in 2008 it already redirected, later (soon thereafter) to just vanish. Here is a screenshot:

EPO on CII

“The EPO lobbied Brussels,” we have learned from the FFII’s President, Benjamin Henrion. Here is how the EPO lobbied Brussels, based on MIP again:

Sant and his team are taking part in a working group of the EU Council that was formed after the Competitiveness Council approved the Community patent agreement on March 3.

As Henrion put it at the time: “So the EPO sends lobbyists to Brussels, who then take part in Council working groups.”

Around that time,”lobbying and influencing [of] the legislators” was alleged by Benjamin Henrion (see the original photo from Henrion, which we have digitally enhanced to make it a little more legible).

EPO lobbying

Has anything changed since then?

Well, judging by the EPO’s lobbying for the UPC these days, it is still the same [1, 2], only the names have changed a little. As we have shown here before, citing experts, the UPC will likely bring with it software patents.

What ever happened to separation of powers and executive branches? Well, the EPO isn’t just a tyranny inside Eponia. It tries to expand its breadth of influence as far as Brussels, still. Why is this tolerated and when will the public interest finally be considered?

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2015/12/12/the-european-patent-office-is-a-lobby-organisation-was-and-still-is-lobbying-for-expansion-of-patent-scope-also-to-software-through-upc/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Classic: Old EPO Strike

    2008 EPO video, predating the Benoît Battistelli EPO regime



  2. Links 13/6/2021: Linux 5.14 Work, Lots of Patent News

    Links for the day



  3. Update on Gemini, IPFS, and IRC

    "The video which was supposed to be a few minutes long ended up taking a lot longer, but it does cover a broad range of topics that are relevant and very recent (based on recent developments)."



  4. IRC Proceedings: Saturday, June 12, 2021

    IRC logs for Saturday, June 12, 2021



  5. Virtual Injustice -- Part 5: Benoît's “Friends” in Budapest

    "Battistelli went to considerable lengths to secure the support of the Hungarian delegation."



  6. Links 13/6/2021: KDE Frameworks 5.83.0 and helloSystem 0.5

    Links for the day



  7. The Story of Techrights, in Banners...

    A look back at site banners from 2006-2021; they help illuminate or show our changing focus over the years



  8. With KDE Plasma 5.22 Having Just Been Released It's Time to Give KDE a Try (or Move to GNU/Linux, Leveraging the Best Features of Any Operating System Out There)

    A quick recommendation of KDE based on a reasonably recent (but not latest) build; there's this myth about KDE being difficult and flaky, but for a number of decades it has been the most advanced desktop (on any operating system) and its developers managed to hide the complexity while offering users all the power they may want/need



  9. Open Letter to the FSF About Taking Control of the FSF's (and GNU's) IRC Channels

    The FSF should have seized the opportunity, in light of self-harming IRC infighting (instability and unpredictability), to create its own IRC network and then help this new (or "GNU") network flourish



  10. EU Already Captured by -- and Lying for -- Corrupt EPO Officials, Team UPC, and Lobbyists of Multinational Corporations

    12 pages of lies; is the European Parliament reduced to a mere marionette of corrupt officials who run the EPO into the ground?



  11. [Meme] Virtual Code of Conduct (ViCoC)

    Cheapening of basic concepts and principles like "right to be heard" or "access to justice" is an international trend; we need to push back in the direction of justice, not fake 'innovation' or 'tech' (where it clearly does not belong)



  12. IRC Proceedings: Friday, June 11, 2021

    IRC logs for Friday, June 11, 2021



  13. Virtual Injustice -- Part 4: Mihály Ficsor, the EPO's Hungarian “Fixer”

    One key operative of António Campinos, who is fiercely in favour of software patents, has quite a colourful past and background



  14. Conversation With Richard Stallman in Brazil, May 31st 2021

    At the end of last month Richard Stallman had a 2-hour (and beyond, considering some of the afterthoughts) conversation, which is now available online



  15. Links 11/6/2021: Nginx Rising and SteamPal Rumours

    Links for the day



  16. New Introduction at Gemini

    As part of ongoing improvements to our capsule we have a new introductory text, reproduced below



  17. Links 11/6/2021: A Torvalds COVID Rant and RISC-V Risk of Takeover

    Links for the day



  18. Petition Against Richard Stallman Continues Losing Signatures, Open Letter of Support Reaches 6,750 Signatures

    The latest (if not last) person to garden the anti-RMS petition is an IBM employee. As has been the case for months. Another removal. IBM has a grudge against GNU's founder and by extension the FSF (they want the FSF to be a slave of IBM, just like the Linux Foundation is; we last covered this a day ago). “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile reached 6,750 signatures and that number grows by about 50 every 3-4 weeks, so it’s reasonable to expect 7,000 by year’s end. The anti-RMS petition may fall below 3,000.



  19. IRC Proceedings: Thursday, June 10, 2021

    IRC logs for Thursday, June 10, 2021



  20. Virtual Injustice -- Part 3: All the President's Men…

    Benoît Battistelli‘s army of minions, combined with former colleagues of António Campinos, team up to participate in the legal fudge of the EPO



  21. EPO ‘ViCo’ Prior Art (or ViCo Going Back to the 1980s)

    A previous post (video from yesterday) gave examples of prior art from the early/ier 1990s, debunking the EPO’s foolish and irrational embrace of this notion that so-called ‘ViCo’ is so absolutely incredible (we’ve kept talking, e.g. in many prior videos, about how the only real ‘innovation’ was connection speeds); MinceR recalls that “when UMTS (“3G”) was new, video calls on mobile was the feature that was supposed to sell the technology” and in the mid-80s you could already see who you spoke to (almost) in real time



  22. The European Data Protection Supervisor (EDPS) Needs to Get Its Act Together on the EPO's GDPR Violations

    EU authorities aren't keeping abreast of EPO abuses; as a result, people's basic rights and fundamental sense of dignity erode, with impunity resulting in passage of massive piles of data to foreign corporations and governments that engage in industrial and political espionage



  23. Links 10/6/2021: Raspberry Digital Signage 15.0, NVIDIA Driver 470

    Links for the day



  24. EPO 'ViCo' Prior Art (~30 Years Ago): Barely Innovative at All

    Debunking the EPO‘s Big Lie that ViCo is some sort of incredible and innovative thing that must therefore be embraced fully; the missing ingredient was fast network connections, so there’s no excuse for EPO claiming that we must embrace such stuff irrespective of the law, constitutions etc.



  25. Improvements in the Techrights Gemini Capsule

    Further improvements are being made to our Gemini capsule, which contains all the latest stories sans the graphics; it now has a total of 35,820 pages



  26. Linux Foundation is a Foundation of Mass Surveillance

    Whatever the so-called ‘Linux’ Foundation touches turns to dust; they’re already killed the site known as Linux.com and now they scatter the “Linux” brand to the wind (in pursuit of misbranding cash)



  27. [Meme] Lord Justice Sir

    Inspired by an old Internet joke, we present the state of EPO 'justice'



  28. The EPO's Lack of Objective Legal System is No Laughing Matter

    The array of abuses committed by António Campinos and his EPO minions (people who meddle in legal affairs) is mentioned in this new video; we focus on what was shown this morning, i.e. in Part 2 of an ongoing series (to last two more weeks)



  29. Virtual Injustice -- Part 2: The ViCo Oral Proceedings of 28 May 2021

    More than half a day of theatrics and stonewalling by the EBA may have done a damage so enormous to the EBA's credibility that irrespective of the final outcome the case is already seen as compromised



  30. IRC Proceedings: Wednesday, June 09, 2021

    IRC logs for Wednesday, June 09, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts