Bonum Certa Men Certa

The EPO Continues to Lie About the UPC and About SMEs, Even Several Times Per Day Now

Russian flats



Summary: The extent of the EPO's distortion of facts and misrepresentation of stakeholders keeps peaking, with lies ranging from patent quality to desirability of the UPC

THE EPO is in disarray. Despite the fact that the UPC (which Battistelli bet on) is going nowhere -- unlike Battistelli who is going away in summer -- the EPO is now sending the judges to exile. Earlier today it wrote: "At the beginning of October 2017 the Boards of Appeal are moving to a new location. All details about it here: http://bit.ly/2uV6VRR" (epo.org link).



The EPO isn't giving up. The UPC is effectively dead (or dying). Even the mainstream media starts to accept it and law firms with stakes in the UPC have begun suggesting that the UPC should get scrapped (for them to start again from scratch). This is in spite of the EPO already polluting European media with money (for puff pieces). Earlier today the EPO wrote: "Looking for an all-encompassing guide for the Unitary Patent? Download the “Unitary Patent Guide” from our website http://bit.ly/2xuHsjV pic.twitter.com/GKCFsDZJiD" (epo.org link).

See how detached (from reality) they are? They already market something that does not exist.

"Brexit has thrown into doubt the future of the Unitary Patent Court," according to this new article, whose title may be a little misleading because just like the Scottish media that's composed by Team UPC (who needs journalists when you can just give the platform to lobbyists, who do it for 'free'?), this one is composed by Gill Grassie? Is she a journalist? No. "Head of Contentious IP at Brodies LLP..."

To quote some bits:

Brexit has thrown the future of the Unitary Patent Court, the first truly pan-EU patent system, into doubt and its immediate fate now lies in the hands of Scottish MSPs, who are debating the matter at Holyrood.

The Unitary Patent Court (UPC) is intended to improve the current European patent system, under which parties have to litigate patent disputes in individual national courts in the relevant member state.

[...]

Regardless of Brexit, it will allow Scotland’s SMEs, and its burgeoning tech and life sciences sectors, to obtain pan-EU coverage of their inventions and at what should be affordable costs.

The alternative is to be left behind and be forced to rely on the old, more cumbersome EU patent system if patent protection over the whole EU and the UK post-Brexit is required.


Notice that same old "SMEs" line and the nonsense about UPC being desirable. It's not. It's desirable to the writer and her employer, that's for sure. And they produce nothing but paperwork.

Regarding that "SMEs" nonsense, which we last mentioned last night (there are rebuttals too), yesterday the EPO kept promoting this lie; they do it several times per day now. "Patents help small businesses thrive," the EPO wrote. "It's not only us who believe that. These 12 SMEs stand as proof: bit.ly/SMEstudies2017 #IPforSMEs pic.twitter.com/UxsIe6HRij" (12 carefully cherry-picked SMEs or patent trolls, chosen for propaganda purposes).

Then again this morning the EPO wrote: "In collaboration with renowned IP experts, @EPOorg has published a set of 12 case studies on SMEs from across Europe. http://ht.ly/GVNN30fsLqe" (completely insulting, unscientific 'studies' and not from "renowned IP experts", whatever IP means, probably patent maximalists).

Quality of patents at the EPO continues to slide. There are now CRISPR patents at the EPO -- a point we recalled in light of this report from yesterday:

On September 18, 2017, District Judge Vernon Broderick (S.D.N.Y.) denied Petitioner George Schlich's ("Schlich") petition pursuant to 28 U.S.C. €§ 1782 for discovery from Respondents The Rockefeller University, Luciano Marraffini, Vedder Price P.C., and Thomas Kowalski, for use in opposition proceedings pending before the European Patent Office ("EPO").

Schlich is Intellia's European patent agent and claims that Intellia's co-founder and her colleagues are the rightful inventors of CRISPR/Cas9. The Broad Institute, Inc. ("Broad") is a research institute that works with partner institutions, including The Rockefeller University. Intellia filed four oppositions with the EPO seeking revocations of Broad's PCT patents, arguing that under European law, the patents are not entitled to claim the benefit of the filing date of U.S. provisional applications because they do not name the very same inventors as the provisional applications, and thus, are rendered invalid by intervening prior art. Broad argued that under U.S. law, complete identity of inventors is not required in order to obtain the benefit of the earlier applications.


So the EPO's misguided policy is already having an effect overseas, too. We wrote about 70 million dollars in 'damages' last night and today there's this report suggest that to one giant $2,500,000,000 for a patent is not enough. These are the sorts of companies that drool over the UPC. To quote:

District of Delaware says addition sanction in is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and given that the jury's damages award is already the largest damages verdict ever returned in a patent trial”


These patents, suffice to say, have massive collateral damage. If upheld (like these ridiculous CRISPR patents), many thousands if not millions of poor people can die in decades to come.

Patents are not some entertaining funny game; the implications of patent policy can decide who lives and who dies.

Recent Techrights' Posts

Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
 
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock