Bonum Certa Men Certa

Europe Under Siege by Patent Lawyers, UPC Ambitions, and the Administrative Council's Continued Passive Support of Battistelli

Pyramid of Patent System
A 1911 Industrial Worker publication advocating industrial unionism (unedited original is in the public domain)



Summary: The interests of Europe, historically a beacon of innovation, are being jeopardised to give way for the interests of the rich and powerful, including foreign corporations/billionaires (along with lawyers whom they hire to help perpetuate their power)

OUR previous post spoke about patent trolls and software patents, which are closely connected in practice (statistically-meaningful supportive evidence does exist). We still worry -- and apparently SUEPO does too -- that patent scope at the EPO has gone awry and we believe that it will get a lot worse if (or when) UPC becomes a reality.



"The UPC would bring even more of them (patent lawyers, patent thickets, patent trolls) to Europe. "We couldn't help but notice that in Europe too patent trolls are becoming a problem and they utilise software patents. The UPC would bring even more of them (patent lawyers, patent thickets, patent trolls) to Europe. It would be a bureaucratic mess. Some people make a lot of money from such a mess, as do military contractors at times of war and conflict, even just tensions (catalysing proactive armament, akin to patent stockpiling).

Patent lawyers from Marks & Clerk have just published (today) an article in which they try to study how to overcome those 'pesky' boards when it comes to patenting. The boards, including the Enlarged Board, sometimes help squash software patents. Marks & Clerk (also today) gives tips for tricking/fooling the judges. Meanwhile, in another example form today, other patent lawyers want and pursue the UPC because they gain from it at the expense of the European public. Watch how they're jumping the gun ahead of the European public even voting on it:

The Eversheds UPC team attended a teach-in session in Luxembourg on 17 November 2015 with the providers of the UPC Case Management System ("UPC CMS"), which is currently in alpha testing.


There will soon be an EPO-sponsored pro-UPC event in the US and this new softball (questions) interview with Battistelli is UPC promotion as well. As one person put it: "The section on the Boards of Appeal, in particular, is full of what can only be described as complete and utter rubbish" (not just that section, but it's behind a paywall, at least from here).

This is a truly shameless attack on democracy. It's the patent microcosm that's conspiring to make it so, usually behind closed doors, for its own selfish interests. Incidentally, the statement from the Council has just been published and it says that it "again expressed concern about the deteriorated social climate and called for initiatives and genuine efforts from all parties involved to seek compromise solutions to end a situation detrimental to the proper functioning of the Office and the public image of the whole Organisation." Well, no wonder; it's self-inflicted.

As one new comment there put it:

I am struck by the exhortations in the Communique for "compromise" on all sides. More useless hand-wringing and more futile expressions of disappointment.

I defer to commentators here with better inside knowledge than me, but I wonder, do general readers (or even the political masters of those who sit on the EPO's AC) realise how remote the EPO is from the Rule of Law, when it comes to disciplinary proceedings against EPO employees?

As I understand it, any unfortunate employee who comes to the attention of the authorities in Eponia faces disciplinary proceedings in which the EPO President is the prosecuting entity. Not only that, the President's men form the tribunal that hears the case and passes judgement on it. Not only that though. It is the President that enforces the judgement.

And if the President of Eponia does not like the judgement, he is free to ignore it, re-write it, and enforce the judgement as re-written to his liking. There's nobody (except the AC) to stop him.

Here in Germany, there are great expectations placed on adults, to set a good example to the children. Woe betide anybody who zips across a street in the presence of little children, before the pedestrian traffic light has switched from a little red man to a little green man. Rules are to be obeyed, not broken. Officious bystanders do more than wring their hands. They inform the police that you have committted an offence.

But whenever there are no Rules, why then you can behave as you like. Speed down the 2-lane Autobahn A 92 to Deggendorf at 250 km/h? Even when the inside lane is full of slow-moving traffic and the road is greasy. No problem!

So imagine The President's Chief General Counsel, his German Consigliere, Herr Lutz, giving advice to his boss, whispering in his ear. Boss, ignore the AC. You break no law, you offend no Rule. There are no police. Ergo, you do no wrong and there is nothing to stop you continuing, boss, to your heart's content.

In truth, the only thing that can stop the reckless vehicle is the AC. And all the AC seems capable of doing is wringing its hands and calling on the parties to "compromise". Is that the best they can do? Is that all they've got? The faceless members of the AC ought to be ashamed of themselves.

As for the political masters of the AC members, politicians have this great ability to see things in a way that no shame ever attaches to them. They all fancy themselves as Teflon Tony. They distance themselves, don't they, and deny any responsibility.

On mainland Europe, nobody understands the English notion of equity/fairness. English readers just do not grasp how offensive it is to the Rule of Law, what goes on inside the EPO. The villain is a Frenchman that looks like Napoleon Bonaparte and the season of pantomime is upon us. When the English yellow press runs the story though, it will be another reason for English voters to decide to walk away from the EU.


Patent examiners ought to realise (at least reevaluate or reassess) their role in this cross-national system. They can use their knowledge and influence to steer patent policy in a sane direction, e.g. to maximise health (e.g. saving lives in poor economies), class-agnostic commonwealth, and innovation. Patent examiners don't work in a production/assembly line (should not be treated as such either) and if they act as public servants in a public service, then the collective interests of Europe -- not those of some large foreign corporations -- should always be paramount. If Battistelli and his goons stand in the way, get rid of them.

Recent Techrights' Posts

Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete