Bonum Certa Men Certa

Response to Daniel X. Thomas, Former Director at the European Patent Office (EPO)

The original was posted in a Microsoft site that spies on millions (not that the EPO can ever understand that), hence it is reproduced here without sending traffic to Microsoft, along with our response in-line (fair use doctrine)

G 1/21 – The RPEBA2015 - How to deal with the president’s comments and the amicus curiaeSummary: Techrights takes a moment to respond to Daniel X. Thomas, who worries that his criticism of the way António Campinos handled G 1/21 can get him in trouble

THE Benoît Battistelli regime totally obliterated the independence of the Boards of Appeal at the EPO, including that of the highest boards (TBA, EBA/EBoA etc. not exempted from the bollocking and stacking). While it is true that over a decade ago our main critique of the EPO was its practice of granting European software patents "as such", we've since then covered so many other aspects. Until the EPO's management started bribing and blackmailing the media (even blogs like IP Kat) there was an opportunity to see lots of abuses; but then, the EPO's PR budget and legal budget (for lawyers who intimidate bloggers/blogs like IP Kat, Techrights and maybe even Daniel X. Thomas) squashed a lot of that coverage, except here. So now the EPO's head honcho du jour can focus on just ad hominem attacks on one person (yours truly).

"They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of "defamation"..."It's worth taking a moment to respond to a public post from Daniel X. Thomas, "Former Director at European Patent Office" (in his own words; this is how he identifies himself, first and foremost). A lot of the ad hominem attacks happen in private, behind my back, and are then used to justify (secret decisions by EPO management) to go as far as blocking IP Kat and blocking all Internet (Web and beyond) access to Techrights -- basically an utterly desperate effort to prevent people finding out about crimes of EPO management (they don't refute articles/accusations, they just attack the messengers; yes, just like in China...) and then they have the audacity to accuse others of what they're guilty of (projection/hypocrisy). They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of "defamation"...

Chilling.

By the way, now that we use Gemini (gemini:// protocol) people can access all Techrights articles from work, using any of the many Web proxies (there are dozens). Unless the EPO blocks all Gemini Web proxies (i.e. EPO blocks access to literally thousands of different sites!), these dictators cannot block Techrights, except by direct access. They play a game of whack-a-mole. Over gemini:// protocol we serve over 20,000 pages a day.

Before we proceed to the response, which is well overdue, it would be worth pointing out how amusing it is to see EPO managers (even directors!) past and present referring to software patents as "HEY HI" (AI) or "4IR" (along with other buzzwords/nonsense). Well, they clearly never coded or hacked on code, they just push software patents to fill their dirty pockets... and maybe not too shockingly those managers (even directors!) use Microsoft's proprietary software as their 'blogging' platform. Yes, Microsoft -- a top proponent of software patents, including the motor behind many of the European front/lobby/pressure groups that influence the EPO on these matters. We wrote about that countless times in the past. We named the culprits and proxies.

To be clear, Daniel X. Thomas seems like a nice person, but he is deeply misguided. The fact that he so openly supports software patents does not surprise me. In fact, what's the likelihood of an opponent of software patents rising to a director/top-level position at the EPO? I'm not sure why he decided to write this post, but he's probably just worrying about his pension (he did not retire so long ago) because right now his own words are used against his colleagues, who can retaliate against him. They already attack other EPO pensioners as well. There's that old saying, “[i]t is difficult to get a man to understand something, when his salary depends on his not understanding it.” (Upton Sinclair)

Since he comes from EPO management and he has made tons of money at the management tier there (without having to pay tax) maybe he prefers to think everything is rosy. Also, harm to the EPO's management puts his own pension at risk.

Thomas:

I have got the "honour" of being quoted in Techrights. http://techrights.org/2021/06/18/superficial-epo-coverage/ I have again had the “honour” of being quoted in Techrights. http://techrights.org/2021/06/20/the-epo-games/ Mr Schestowitz takes every opportunity to attack the EPO, and his methods are abject to say the least.


What do you mean by "methods"?

What do you mean by "attack"?

Let's roll back and clarify the intent of this false narrative.

My profession is under a constant attack from patents, granted by patent offices that ignore caselaw in order to cheat the system, usually for financial gain (and as a favour to "large clients", i.e. multinational monopolies).

Who is attacking whom?

And what does the word "methods" mean in this context? Reporting the facts? Yeah, some methods...

As we shall see in a moment, he relies on the utterly false premise that my sole criticism of the EPO is for software patents; initially it was the sole issue I was aware of, but about 3,500 articles later I've written about so many other issues. It seems like he's lying and oversimplifying the matter, wrongly implying that the sole problem I have with the EPO is patent scope; as if all is well at EPOnia and, as we shall see in a moment, he insists that it's OK to grant software patents. He ignores so many other things, such as the constant lying about the UPC after Brexit. We'll write more about that some time later in the week...

12 hours after we had published this communication a lot of useful comments (3 so far) started showing up here (response to face-saving spin). They cannot keep up with the lies. They try...

Thomas:

It is an “honour” I can do without as I do not agree to see my freedom of opinion repeatedly misused for a campaign against the EPO which I cannot support.


No, Sir. Your freedom to express yourself is protected by the law, but that does not extend to "freedom to have an audience" or "freedom not to be criticised". You might want to look up the very basics of free speech -- something that EPO management never managed to grasp. Heck, it has been blocking this Web site (without explanation/justification) for about 7 years already. It also blocked some other sites and it's constantly gagging its union, its staff representatives, judge, etc. Yes, even this year...

Thomas:

Lots of things might not be optimal at the EPO, but constant slanting it is not a way to help resolving the difficulties the EPO is going through.


"Lots of things might not be optimal" is an understatement -- probably one of the (full) decade if not (half) century in the context of the EPO. Why belittle this crisis? Even the EPO itself called it a crisis some years ago (behind closed doors, but somebody leaked it to us).

Thomas:

I have said certain things about the way the first OP in G 1/21 went along, as my concern is the respect of existing legal rules.


It is important to show that even EPO insiders of a very high level (albeit with lower risks of reprisal) admit these issues.

That's the whole point.

Thomas:

I am convinced that without respect of legal rules we go back to the jungle and the right of the strongest prevails. This is not what I wish for myself, my children and grandchildren.


He keeps bringing up his children (more on that in a moment), which is a bit strange (as if to make it seem like I'm attacking children or something).

Thomas:

What I have said has actually nothing to do with my former quality as EPO staff.


It is not something that just vanishes overnight. The former status is relevant. It's also what pays the pension (still).

Thomas:

It was the view of somebody interested in the topic as it concerns an institution is am still loyal to. Any objective observer could come to similar conclusions.


Good people concede their loyalty when they become witnesses to bad things.

Thomas:

In view of the constant misuse of my honest opinion, I will now refrain from any statement relating to G 1/21.


How was it misused? It was not. It was quoted (and not out of context). What he wants is selective audiences/mentions.

Thomas:

I do not want to help this person to constantly attack the EPO.


I do not attack the EPO; the reason so many EPO workers read Techrights is that we're trying to actually save the EPO from those who attack it from the inside.

Thomas:

It should also be kept in mind that beyond the personal attacks against some members of staff, the pet peeve of this person is the possibility of patenting programmes CII or even AI.


"CII" and "AI" is meaningless nonsense. The fact that he's repeating such meaningless nonsense reaffirms my belief that too many incompetent people make it into top roles at the EPO.

Thomas:

I said it many times, and repeat it once more, contrary to what Mr Schestowitz thinks, CII or even AI are not forbidden by the EPC.


The EPC says nothing about "CII" and "AI", so quit using buzzwords, which you likely don't even understand (nobody is meant to understand such lingo).

Thomas:

The simple considerations as to why CII are well patentable under the EPC is apparently too complicated for Mr Schestowitz to enter in his brain. The doctrinal blindness and hatred of this person against the EPO is indeed flabbergasting.


The typical accusation of "hatred" is an old tactic, suggestive of emotion and irrational feelings. We use simple logic and we observe facts, not financial interest (which is all that matters to EPO management -- that's why it breaks the law).

Thomas:

Last but not least, attacking persons for their supposed likeness with other ones or for their hair colour is absolutely abject.


This is false. I am guessing he alludes to the Willy Wonka thing. It's alluding to "FUDGE" (as in legal fudge), nothing to do with hair colours...

Thomas:

My son and my two grandchildren have red hair, and attacking a person for its hair colour is also attacking my family.


So now he's trying to make it seem like I personally attacked him and his children. I attacked neither.

Now we've entered "crybully" territories.

Thomas:

In view of this turn of events provoked by Mr Schestowitz I have to conclude that this person has managed to silence me due to my status of former staff of the EPO.


Someone from Red Hat once tried the same tactics, basically saying in public that I had "silenced" by merely quoting someone. They try to incite colleagues that way, shifting blame for their own choices/actions.

Did I silence him?

No, someone choosing to not talk anymore is silencing oneself. You know who silences people and sites? The EPO's management. To the point of blocking them and siccing lawyers at them. They did it to me countless times and I'm not alone.

Thomas:

This does not withhold myself to have my idea about the topic and the procedure used to come to a decision. Some of the amicus curiae are quite eloquent in this respect.


We've cited them a lot more than anything from Mr. Thomas. We didn't even say anything negative about him; quite the contrary!

Moreover, we already know (and proved) that the EPO hid some amicus curiae from the public. It only selectively showed what people had to say. That's known as censorship.

From the comment, Thomas:

I had to react. No opportunity to bash the EPO is missed by this person. And I do not want to contribute to this!


You did not contribute. You expressed an opinion in public. Now you want to control who can read it?

Thomas:

The more so since it appears that the only drive for this person is to bash the EPO because it grants patents on CII.


Again, totally false! Straw man argument.

Thomas:

I rarely came across such stubbornness and stupidity.


Now we see insults too. I never insulted him. But here he is using swear words.

Thomas:

I feel a deep loyalty to the organisation and I will not support such a behaviour against it.


It seems sad to me that he has "deep loyalty" to Battistelli's den of corruption.

Update: As it turns out, Mr. Thomas still works for Battistelli.

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
 
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026