Bonum Certa Men Certa

EPO's Jeremy Philpott Confirms That Discriminatory (Software) Patent Processing Practices Started With Microsoft, Because of Microsoft

...While patent lawyers of European SMEs accuse Microsoft of swamping the EPO

Summary: Jeremy Philpott comes to Grant Philpott's defence after it became evident that Microsoft, a notorious patent bully, is treated like a V.I.P. by the European Patent Office (EPO)

THE EPO's non-technical managers (the source of so much abuse as of late) are in very poor form. It hasn't been an easy week for the management, which saw around 1,300 of its own employees protesting in public, despite a terrible protest-crushing effort that caused protesters to risk their lives (more on that in our next post).



Jeremy PhilpottWe now know for sure that Grant Philpott pushed or pressed patent examiners to treat Microsoft like a V.I.P., ignoring a lot of European SMEs whose patent applications (far fewer) were overdue for much longer a time. One British patent lawyer told us that for SMEs it can take up to 9 or even 20 years (yes, the lifetime of a patent) just to be granted a patent, based on his worst experiences. "This is incredible stuff," told us one person who is an expert in this field, "and proves what we knew--the EPO has a cosy relationship with Microsoft." Grant Philpott (not to be confused with Jeremy, whom we last mentioned here 6 years ago and probably hasn't a family relation with Grant) did not comment on this. Somebody else does. That's Jeremy (shown to the left, photo from epo.org). All we know is that the EPO's Web site claims he is "Deputy Spokesperson" in "Communication, Munich" (his bosses are named above him), so he may not have been careful enough. Maybe not so well prepared. He only revealed yet more internal information -- information that we ourselves could not obtain, let alone verify. Nice own goal got scored there!

Jeremy Philpott inadvertently only revealed yet more information, without introducing any new defence of these practices (we saw the same spin in WIPR the other day). IAM spoke to the EPO for the other side of the story, pursuing a response that somehow salvages the EPO's already-tarnished reputation. It resembles what we heard before, but it highlights the special role Microsoft played in all this. Here are some relevant bits from this long article:

The European Patent Office (EPO) has strongly denied claims that a recently leaked memo that refers to “a closer cooperation project with Microsoft” shows that the agency is favouring the interests of big corporate applicants over those of SMEs. In an exclusive interview with IAM, spokesman Jeremy Philpott stated that a pilot project entered into with Microsoft and a group of other large companies is actually designed to ensure that applications from large-scale filers do not swamp the accelerated examination request programme at the expense of submissions from smaller entities.

[...]

Speaking from the EPO press office in Munich, Jeremy Philpott explained that while many larger private practice patent attorney firms have traditionally had key account managers inside the agency who had been able to work with firms to identify issues and problems that clients might be having with their applications, this has not been the case for filings submitted directly by in-house teams. That has made it much harder to deal with any difficulties or to co-ordinate approaches to applicants across different technical areas.

The catalyst for developing the pilot scheme, Philpott continued, came from issues that Microsoft was a having with around 450 applications which it felt had stalled and concerns inside the office that this may lead to a request for accelerated examination for all of them. If this had happened, he stated, it would have led to a situation in which the process would have been jammed by files from just one company.

Instead, Philpott explained, it was suggested to Microsoft that in return for not submitting a blanket request, it would identify a smaller list of files to go through the process and that this would be updated on a regular basis. In that way, the ability to handle accelerated examination requests from other applicants would be safeguarded.

Having developed a communication and coordination strategy with Microsoft it was felt that something similar could also work with other big filers – hence the pilot programme. “By being selective with the big companies we can ensure that the process is not swamped by a small group of applicants and so have kept the capacity for handling accelerated exam requests open to everyone,” said Philpott.



It is the same official spin, which we responded to earlier this week (after WIPR had spoken to the EPO, also seeking comment). It makes little sense, still, even now that they try to refine their 'damage control' by making it a bit longer and revealing yet more stunning details of the special relationship between Microsoft and the EPO.

One doesn't need to be a sceptic of software patents and Microsoft to see what's wrong here. Not even patent lawyers are convinced by this. In an exchange of about 100 messages today, Tangible IP, a British law firm which claims to work for British/European SMEs, said about the above article the following [1, 2, 3, 4, 5]: "Not that reassuring for smaller corporate filers with in-house attorneys or small advisor firms. I think it's time for serious analytics and transparency. At the USPTO I can check performance. It's all very well making a formal complaint but many are recticent to do so for obvious reasons. The observations on competition are interesting. Quality is not the issue....it's quantity. I doubt Microsoft was threatening to use KIPO on quality basis. They want speed just like SMEs."

"One more point on this topic," Tangible IP added, "Microsoft should be encouraged to use USPTO for PCT and not swamp EPO."

Well, Microsoft is now stockpiling for its ongoing wars against Android, Tizen, Ubuntu, Mozilla/FirefoxOS, GNU, Linux, and so on. Microsoft announced billions of dollars in losses not too long ago (layoffs too), so patent aggression and racketeering may be all it has got left.

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway", —Marshall Phelps, IAM: Microsoft to have 50,000 patents within two years, Phelps reveals

Recent Techrights' Posts

Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
 
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day
'Open'AI Looks Like a Company Headed Towards Bankruptcy, Not IPO, Losses Grew Almost Tenfold in a Year (Yes, it's Just a Bubble Facilitated by Artificial Hype)
This isn't going to end well, especially not for Microsoft
Apple is Canceling Products, Services, Even Lays Off Staff in Large Numbers Every Few Months
Apple cancelling some more things
Later on Elon Musk Wonders Why Large Nations Block His Pet 'Social Control Media' (Incitement/Radicalisation) Platform...
This isn't a question of "censorship" because there's a call to kill
Microsoft: Layoffs Are Growth
Orwell would have loved this newspeak
Links 16/09/2024: Verizon Layoffs, 'Tram Driver Olympics', and Anniversary of Mahsa Amini's Death
Links for the day
Gemini Links 16/09/2024: ROOPHLOCH and MyGemini.Space
Links for the day
Invidious Instances Explain What Google/YouTube (Alphabet/Pentagon) Did To Them This Past Week
They're unambiguous about this
Dr. Richard M. Stallman (RMS) on How to Make People Care About Free Software and Why Prohibiting Proprietary Software Would Not Work
"maybe a similar general approach could work with non-Free software as a way of discouraging it from being a successful business."
Please Quit Uploading Event Talks (Especially of Free Software) to YouTube
This is enshittification
Links 16/09/2024: Shrinking Economy, Climate Issues, Soaring Energy Costs
Links for the day
'Former' Microsofter Jason Perlow Left Linux Foundation
The "communication" people from the Linux Foundation are basically scammers
MyGem Launched to Make Adoption of Gemini Protocol (With Gemini Hosting) a Lot Easier
a new week and also a new capsule
Disregard for History is Disregard for (Computer) Science
They're killing the real entrepreneurs and innovators
Dr. Richard M. Stallman (RMS) on His Hobbies and Health
Answering a question from the audience in Germany
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 15, 2024
IRC logs for Sunday, September 15, 2024
Gemini Links 16/09/2024: billsmugs.com Becomes rainywhile.net, Zaurus on Internet
Links for the day