Bonum Certa Men Certa

Saving the Integrity of the European Patent Office (EPO)

The imperialist ambitions of a patent office result in growing neglect of local actors

French coup d'état
Management takeover by Team Battistelli similar to French coup d'état of 1851



Summary: Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

THE main concern I have always had regarding the EPO was potential granting of software patents in Europe. I even wrote a letter to the Enlarged Board of Appeal about it (that was half a decade ago). As a software engineer surrounded by other software engineers I know that people who write software (computer programs) don't want to bother with patents. They needn't worry about who got a monopoly on which algorithm (copyright law is more than sufficient here). This worry is further accentuated when dealing with Free/Open Source software, where a lot of compartmentalised code gets imported/grafted (not licensed per se), and it is infeasible to start checking what line of code may infringe which patent. It would be lunacy to review hundreds of thousands of US patents before undertaking the simple task of writing a program. It would also put one at greater risk (higher damages due to willful infringement).

"It would be lunacy to review hundreds of thousands of US patents before undertaking the simple task of writing a program."EPO management would have to lie (with a straight face even!) if it persisted in portraying its opposition as aiming to 'destabilise' the Office. There is a big difference between destabilisation and reform. There are many abuses taking place inside the EPO, putting aside our concern about software patents. The need to obey the law or the efforts to compel the EPO's managers to obey European laws aren't 'destabilisation' efforts. Imagine a political parable; dictatorships like to say that their opposition is 'destabilising' a nation, or trying to cause chaos. Any dictatorship that deems itself 'benevolent' (which dictatorship has ever believed otherwise about itself?) will always insist on crushing opposition. That's why elections are imperative (with time limits for one single individual to run) and there is a clear separation between media and governance for instance -- a separation which EPO evidently no longer respects.

"Contrary to misleading portrayals from Team Battistelli, EPO staff is not violent. The aggressor here is actually the management."The EPO took many decades to acquire its reputation (quickly eroded by Team Battistelli, in just a few years), so efforts to fix the EPO are actually defensive and they are intended to rescue the EPO's integrity. Sometimes from a temporary/localised destruction (e.g. of tyranny at the top) comes liberation. Sometimes it's known as revolution, although the word revolution has negative connotations (with blood and violence).

Contrary to misleading portrayals from Team Battistelli, EPO staff is not violent. The aggressor here is actually the management.

“The EPO can learn from the failings of lesser successful patent systems -- systems which the EPO's current managers increasingly emulate.”EPO staff continues to receive a salary and it would in no way help this staff if it saw the EPO going away (pensions too may be at stake). What definitely would harm this staff -- in the long term -- is an EPO that suffers reputation erosion, due in part to poor patents (too broad or easily invalided in courts, e.g. using prior art which examiners overlooked). They would devalue EPO patents, which would no longer be able to justify their high and ever-rising cost. To shield the integrity of the EPO the management needs to:

  1. Stop harassing staff, as it makes recruitment of talented examiners a lot harder and leads to a loss of many skilled and experienced patent examiners
  2. Re-examine the scope of patents because in some domains (e.g. software) patents do more societal and professional harm than good
  3. Re-examine the pace of patenting because quality should come before quantity and too many patents merely saturate the market, diluting/reducing each patent's worth
  4. Restore patent neutrality, meaning that large corporations should no longer receive preferential treatment


There are many more points to be made, but this is just a very partial list. Reform is needed and the current management -- not the staff -- is resistant to a reform. It's funny just how the management reversed this whole situation, painting the examiners as Luddites. Who's really the Luddite here? It's Orwellian spin.

"It's funny just how the management reversed this whole situation, painting the examiners as Luddites."The EPO can learn from the failings of less successful patent systems -- systems which the EPO's current managers increasingly emulate. Publicly posing or liaising with Chinese patent officials, for instance, is no triumph but arguably an embarrassment for a number of reasons (beyond the scope of this post). TechDirt, which wrote about Techrights yesterday, has many articles on this subject. In fact, it wrote several such articles yesterday.

TechDirt now shows evidence of the strategy of accumulating a massive number of junk patents [1] (when about 92% of applications get patents granted at the end, what is the role of examination really?) to then attack rivals in the domestic market [2] in China (just like the USPTO and ITC enable). With UPC, widespread injunctions (a la ITC) would become possible and patent scope would likely expand, not just in the domain sense but also the geographical sense (making more parties liable and thus subjected to legal threats, if not outright actions).

Today's EPO management is bad for science, bad for lawyers (especially in the long term), bad for examiners, and even bad for European businesses, which it discriminates against. Who is the EPO good for? Evidence serve to suggest that it serves multinational conglomerates. It's like an imperial institution, complete with mass surveillance, witch-hunting, and mental torture (so-called 'interrogation' of perceived dissent which poses a threat to the empire).

Related/contextual items from the news:



  1. Stupid Patent Of The Month: Infamous Prison Telco Patents Asking Third-Parties For Money
    There are two serious problems with this patent. First, the claims are directed to a mind-numbingly mundane business practice and should have been rejected as obvious. Obvious uses or combinations of existing technology are not patentable. Second, the claims are ineligible for patent protection under the Supreme Court's 2014 decision in Alice v. CLS Bank—this is a recent Supreme Court decision that holds that an abstract idea (like contacting potential third-party payers) doesn't become eligible for a patent simply because it is implemented using generic technology. That the system failed to register either of these defects shows deep dysfunction.


  2. Chinese Company Learns From The West: Builds Up Big Patent Portfolio, Uses It To Sue Apple In China


    For many years now, Western governments have been complaining about China's supposed lack of respect for intellectual monopolies, and constantly pushing the country's politicians to tighten the legal framework protecting them. To anyone not blinded by an unquestioning belief in the virtues of copyright and patent maximalism, it was pretty clear where this strategy would end. Indeed, over five years ago, Mike warned where this was leading: towards China repeatedly punishing foreign companies to protect domestic Chinese firms -- in other words, leveraging patents as a tool for protectionism.




Recent Techrights' Posts

Robbery at the European Patent Office (EPO), Office Staff as 'Prisoners'
publication from the Central Staff Committee, dated yesterday
Techrights in 0.036 Seconds
Combining Gemini and HTTP/S, yesterday we served an impressive number of requests
BetaNews Run by Plagiarism Bots That Googlebomb (for SEO) "Linux"
Google rewards and thus encourages plagiarism
IBM Titles Considered Worthless and Many IBM 'Fellows' Are Vanishing (Also: IBM Staff Inside Linux Attacks the Rights of Computer Users for Recognition or Rewards Like "Distinguished Engineer")
James Bottomley is still "a Distinguished Engineer at IBM"
 
Drunk on Chatbots, LinuxSecurity.com Spews Out More LLM Slop About "Wine"
They just keep googlebombing "Linux" and "Security" using slop
Gemini Links 24/01/2025: The "Hey Hi" Hype Continues Fading, Tesla/X/Twitter/SpaceX Associate With Nazism
Links for the day
Microsoft, IBM, and Front Groups That Advance Racism for Profit
IBM has profited a lot from racism and it still does
FOSDEM and 'No Nazis'
the issue isn't wealth but principles
Gemini Links 24/01/2025: "Social" Control Media is Unsatisfying; An Old Call for a Gemini Without TLS
Links for the day
[Meme] Levels of Outrage
Apparently it's hip for criminals to leverage "the law" to silence their exposers
Links 24/01/2025: Earthquake, Landslide, and Official Implicated in Airplane With Landing Gear Issues (Boeing Plane) "Found Dead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 23, 2025
IRC logs for Thursday, January 23, 2025
CDN Giant: Microsoft Bing and Skype Collapsed Since the LLM Hype, Same as Other Metrics Show
No wonder Microsoft managers suffer anxiety and there are several waves of layoffs even on the same month
Gemini Links 23/01/2025: Experience With Outer Wilds and Gifting a Site
Links for the day
Slopwatch: Fake 'Articles' About Linux by Brian Fagioli and by Brittany Day in BetaNews and linuxsecurity.com (LLM Slop Sites That Are Online Leeches or SEO Operations Working Against Free Software Journalism)
Two new examples for today
Links 23/01/2025: More Overt Constitutional Violations and "TikTok Executive Order" (White Flag to CCP)
Links for the day
Status of New Year's Resolutions
3 weeks later
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025