Bonum Certa Men Certa

EPO Management Lobbies for the Unitary Patent (UPC) and Uses This to Advance Software Patents in Europe

More profit for the Office, so what's not to like?

Looking for tumour



Summary: A short notice regarding the EPO's verboten involvement in European politics and European policy-making; comparing the situation in Europe (with the EPO) to that of India, where highly discreet and notoriously intensive lobbying by foreign corporations led to the apparently-irrevocable phasing in of software patents, to the detriment of locals

THERE is a very clear and widely-recognised reason why the EPO must stay out of patentability criteria debates, especially now that the EPO operates like a business whose sole (or at least primary) goal seems to be maximising profit, not encouraging/fostering innovation. The fox must not be left to guard the hen house. Nevertheless, as we showed just one day ago, the EPO is intervening politically in UPC-related debates. This is just wrong. It should not ever be done, but then again, for the EPO to step out of line with the law would not be unprecedented. The EPO enjoys impunity (no clear jurisdiction due to ambiguity) and immunity from European laws. It's like a cancer at the very heart of Europe (hence the photo signifying a potential tumour above), always seeking to expand its sphere of influence and power, even if by expanding patent scope beyond what's necessary and tactful (not a facts-based analysis), lowering the patent bar (e.g. by rushing examiners whose goal is to identify duplicates), and raising fees by asserting that applicability -- border-wide -- is further broadened for injunctions/embargoes/sanctions, higher damages, and so on. One can easily see how this relates to TPP, especially if one is already familiar with TPP (and/or the likes of it).



"It should not ever be done, but then again, for the EPO to step out of line with the law would not be unprecedented."The "EPO admits," said the FFII's President this morning that "[t]he Unitary Patent is about software patents after all" (as he warned all along). IP Magazine is quoted by him as saying that the EPO's "G[rant] Philpott [said] UPC to provide strong harmonisation in ICT applications that will play a dominant role in patent world" (remember what ICT means). Guess whose system they hope to integrate with, eventually? Also recall that TPP pushes for software patents, requiring signatories to phase them in, in due course. It means software patents in Europe. According to this page about CeBIT 2016, Grant Philpott (shown to the right) is "Principal Director of the main ICT area at the European Patent Office, managing the EPO's operational areas of Computers and Telecommunications and responsible for nearly 700 examiners in The Hague and Munich."

Grant PhilpottIt sounds like he is highly regarded, but remember that his systems are also blocking Techrights. Too gory a Web site? Gross censorship is what this really is. Techrights is safe for work (SFW) and it provides plenty of references to support its allegations. Techrights was never censored before; not until it covered the EPO affairs. This culture of censorship and self-censorship at EPO has truly become a disease, as we last explained about 6 weeks ago. Then there is mass surveillance (the perfect blunt instrument for inducing self-censorship) just as well -- a topic we remarked on in posts such as the following:



Philpott's computer systems should focus on helping to grant well-earned patents, not replicate the Stasi in a 'public' building in Munich (further enhanced with keyloggers and remote screen grabbers).

India Too Experiences Assaults on Software Patents Exclusion



Watch out as not only Europe is having software patents injected into it, using all sorts of secret treaties like TPP and the UPC. Recall the recent efforts to officially introduce software patents in India, after giant corporations (like those which Modi recently visited aplenty in the US) lobbied the Indian government, as always beforehand. There has been a very strong push from the likes of Microsoft and even IBM to do so.

There is now a response to all this, composed by Mishi Choudhary, a famous Free software proponent from India and Director of International Programs at the Software Freedom Law Center (SFLC). She says that "Section 3(k) of the Patents Act, 1970 excludes mathematical methods, business methods," but she also reminds readers of what gave Indian startups their edge. It's the lack of software patents, not saturation of them, contrary to what some lobbyists are misleadingly claiming right now (we named some of them last week and they include IAM 'magazine'). Choudhary says that "[e]very city or town, big or small, is seeing a spurt of startups that do path-breaking work in the areas of software products, mobile apps and embedded products. However, these firms could soon be threatened by the dark clouds looming large over the technology horizon of India in the form of software patents."

The same goes for European software firms, irrespective of their licensing method/s, be it proprietary-leaning or Free software (copyleft). There is a coordinated attack by software conglomerates against any challenge from small firms anywhere in the world. It's protectionism for the already-affluent and it shouldn't be tolerated by the public. People should protest; the more vocal and the louder the public becomes, the harder it will get for politicians to sign such atrocious deals (or new laws) in secret, usually at the behest of their shady corporate masters.

Recent Techrights' Posts

Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
 
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025