EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.25.17

Judge and Justice Bashing in the United States, EPC Bashing at the EPO

Posted in Europe, Patents at 12:30 pm by Dr. Roy Schestowitz

The EPO took it even further by illegally suspending a judge, putting him on a "house ban" with no foreseen redemption

Gorsuch on Trump
Reference: SCOTUS Nominee Gorsuch Calls Trump’s Judge-Bashing ‘Disheartening’ and ‘Demoralizing’

Summary: Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults — sometimes even libel — against judges

THE informal mouthpiece (still) of the EPO, IAM, published this article just before the weekend. It’s about a Supreme Court decision (impacting courts more than the USPTO) which can help patent trolls. IAM was of course jubilant and the article boils down to the typical IAM propaganda. It’s just a selection of quotes from just one side of the argument. It’s propaganda disguised as news.

Trolls’ and maximalists’ news [sic] sites quote only other trolls and maximalists, as might be expect. But what’s noteworthy is the following part in which a former USPTO Director says that the “so-called judge” (infamous phrase from Trump) is a hypocrite. IAM uses that to attack (mind the headline) a nonconformist (patent sceptic) Justice, Mr. Breyer, whom the patent microcosm likes to attack over Alice and the his remarks on the Lexmark case. Here is the relevant part:

One critic, former USPTO Director Todd Dickinson, now a partner at Polsinelli, pointed out what he sees as the hypocrisy in Breyer’s comments in SCA and Star Athletica, and the court’s recent mangling of the law around patent eligible subject matter.

Notice how IAM is quoting some of the worst trolls but not actual industry people (producers and productive firms, i.e. anything other than parasites). We have grown accustomed to this, particularly from IAM.

Patent maximalists want more patents, more lawsuits, and more money for themselves (the latter requires more of both). They couldn’t care any less about the raison d’être and core purpose of patents as originally envisioned. They’re like clueless Battistelli, who would have us believe that converting a fine patent examination office into a rubberstampting operation like INPI is a great thing, even if that entails decrease in applications and devaluation of EPs. He’s a hyperinflation politician, not a President; he’s a tyrant like Mugabe and his impact on the EPO is already devastating (brain drain, reputation issues and so on).

Facing the reality of the EPC, the EPO already acknowledged it had granted bogus patents on plants/seed and then decided to stop it (very belatedly and probably due to mounting public pressure). The EPC is like the constitution to examiners, but they are bossed and instructed by Battistelli loyalists, not a legal document. There is clearly a constitutional crisis here, hence the need for whistleblowers.

Tobias Cohen Jehoram, Tjibbe Douma, Gertjan Kuipers and Oscar Lamme from De Brauw Blackstone Westbroek N.V. have just published this article about it. They also take note of the EPC towards the end, along with the EU Biotech Directive:

The patentability of plant varieties has been a recurring topic of discussion over the years. Despite some pro-patentability decisions by the European Patent Office, the European Commission recently set out its restrictive views on this subject in a Notice. This led to the European Council stating its Conclusions on the Notice in February 2017. The outcome is clear: both EU bodies conclude that no patents should be allowed for plant products obtained through essentially biological processes, for example genetically modified plants.

[...]

Under the EU Biotech Directive and the European Patent Convention (EPC), plant varieties and essentially biological processes for the production of plants are not patentable. Plant varieties can be protected by “plant variety rights”, which grant exclusivity to the right holder while leaving room for others to use the protected material as a starting point for further breeding (the breeders’ exemption).

The EPC is a non-EU convention and the Biotech Directive was implemented in the EPC by the EPC Implementing Regulations. Those Regulations also provide that the examining and opposition divisions of the European Patent Organisation (EPO) use the Directive as a supplementary means of interpretation when examining European patents and patent applications for EPC compliance. In addition, the EPO Guidelines provide that judgments of the Court of Justice of the European Union on the interpretation of the Directive may be “considered as being persuasive”.

Also take note of this Turkish law firm writing about the EPC in relation to Turkey; this was published already in IAM and we took note of it the other day. We bemoaned the wrong assumption that the EPO was still following and obeying the EPC; the judges whose job it is to enforce this have already complained openly that they are unable to do it under Battistelli.

Battistelli’s men have already gloated that they would disregard court rulings, they pretty much ignore ILO rulings, and much like Recep Tayyip Erdoğan they oust or drive to exile judges whom they don’t agree with.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  2. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  3. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  4. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  5. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  6. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  7. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  8. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  9. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  10. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  11. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  12. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  13. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  14. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  15. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  16. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  17. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  18. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  19. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  20. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  21. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  22. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  23. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  24. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  25. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  26. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  27. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  28. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  29. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  30. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts