Bonum Certa Men Certa

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

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 BaÅ‚os, 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?

Recent Techrights' Posts

Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025