Bonum Certa Men Certa

The European Patent Office, Aloof/Apathetic to Inventors and Human Rights, Simply Cannot be Trusted With the Unitary Patent (UPC)

More legal power, but whose?

Trojan horse



Summary: The European Patent Office (EPO), once a source of great pride for increasingly-unified Europeans, not only wants to enjoy impunity but also wants to attain new powers, despite demonstrating that its interests are anything but European and are often detrimental to Europeans, not just to European inventors

THE image of the EPO was tarnished a long time ago because of staff protests, press articles, and so on. These protests and press articles were the outcome of something, not the cause of that something. It's not a made-up scandalisation (as EPO management so often tries to frame it with help from its buddies in the German media, notably Süddeutsche Zeitung); it's very much deserved, and EPO management deserves all the blame. Never before was the EPO a Pariah in the eyes of Europe. The EPO was once internationally regarded as one of the best; now it's renowned (or notorious) as the biggest human rights violator, more so than SIPO (both the State Intellectual Property Office in Croatia and in China).



Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates. Did he not expect any backlash? EPO management basically became a clique. It's tribalism. People generally know that the EPO is as scandalous an entity as FIFA, even if there are not (yet) disciplinary measures taken against management. Yesterday the President of the FFII told the EPO it's "time for the European Parliament to step in to stop patent maximalism. They will be powerless with the non-EU Unitary Patent Court."

"Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates."The term "patent maximalism" -- a term that we believe we sort of coined here -- is gaining widespread use. The above person now writes regarding language barriers (obstructions to UPC) as well -- a subject we covered here a lot recently, mostly in relation to Spain and to Sweden. Glyn Moody, who wrote a detailed article about the EPO at the beginning of this month (criticising both the EPO and the UPC), responded by asking, "do you have a link for that? I think this is going to become a hugely important issue for UPC..."

"In my twitter history," the President of the FFII. "I already mentioned about the fact that the Court will be running in English only. Let me dig."

We already covered this subject quite frequently and heavily here, as far back as more than half a decade ago (when UPC wasn't yet known as or referred to as "UPC").

We kindly remind readers that EPO-funded pro-UPC events are to take place (including one in the US later this month). The EPO wants to take it international. We also wish readers would pay attention and consider who promotes the UPC. A so-called 'news' site that helped the EPO with pro-UPC propaganda (recently with a softball questions Battistelli 'interview') now promotes so-called 'free' 'trade' deals, again with other such 'interviews'. Media presence isn't hard to accomplish; there are always those who are gullible or corruptible, some with an operational Web site and a budget.

"Is the EPO serving inventors or is it looking after patent lawyers?"Remember that EPO managers allocated a massive budget for media positioning. They even hired a US (yes, US!) PR firm to handle the task, which makes one wonder who's so crazy about the UPC anyway. Maybe the patent trolls lick their lips....

"Save this info," the EPO wrote yesterday about presence/positioning of EPO at CeBIT, liking to a page whose contents is little more than software patents lobbying. Maybe the proponents of software patents lick their lips too....

Also (re)posted yesterday by the EPO was this photograph showing patent lawyers sharing a room with EPO staff. Is the EPO serving inventors or is it looking after patent lawyers? We suspect the latter, not to mention large corporations that are the main source of these lawyers' income (and EPO revenue). The EPO only needs to maintain the illusion/perception that this isn't the case, but any such cross-pollination (large corporations, patent lawyers, and EPO bureaucrats) serves to reinforce the idea that they're all colluding for money and power. It's protectionism. They want more for themselves and less for everybody else. To quote an interesting new comment from yesterday:

By the way it the decision at stake is T 339/13: http://www.epo.org/law-practice/case-law-appeals/recent/t130339eu1.html

It is interesting to note that the Board of Appeal finds it inventive to mimic the purring of a cat. I would have thought that it is notorious that cats purr, especially when being stroked.

It is difficult to see what can be inventive in moving a cursor on a virtual cat and in response thereto receiving a gentle purr.


In other news about the EPO, watch how generic medicine comes under attack by EPO patents. To quote yesterday's news: "In the fourth quarter of 2015, a generic competitor unilaterally withdrew its appeal in the case regarding the validity of the Alimta vitamin regimen patent before the Technical Board of Appeal of the European Patent Office (EPO). In view of the withdrawal of the appeal, the decision of the Opposition Division of the EPO finding the patents valid is final, and there cannot be further validity challenges to the vitamin regimen patents for Alimta centrally before the EPO."

"Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli."What would be the effect of this decision on the general European population? Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli.

IP Watch also published this article yesterday, covering what the EPO's spinners did to seed PR (positive coverage) about seeds and plants. To quote IP Watch: "The issue of the interplay between patents and plant variety rights heated up last year when the EPO Enlarged Board of Appeal upheld patents for plants or seeds obtained through conventional breeding methods, throwing plant breeders’ position into question.

"Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn't just a Trojan horse serving foreign corporations under a .org domain and the misleading "European" label.""The rulings prompted the European Parliament to ask the European Commission to investigate the matter, and the Netherlands, which holds the EU Presidency from 1 January – 30 June 2016, to promise to address the imbalance between the two systems (IPW, Biodiversity/Genetic Resources/Biotech, 19 January 2016). The EPO and CPVO said they wanted to increase their exchange of information on the subject."

Judging by how things have progressed as of late, it won't be long before the EPO is as much a lobbyist of Monsanto as the USPTO already is. Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn't just a Trojan horse serving foreign corporations under a .org domain and the misleading "European" label. One needs to also ensure that the EPO actually obeys the law. At present, it obviously does not.

"The trouble with fighting for human freedom is that one spends most of one`s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all."

--Henry Mencken

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026