07.31.17

Gemini version available ♊︎

German Media Finally Waking up to EPO Scandals?

Posted in Europe, Patents at 10:06 am by Dr. Roy Schestowitz

FAZ EPO article

Summary: Signs of change or at least a glimmer of hope as large publishers in the Federal Republic of Germany (most relevant to EPO coverage) revisit EPO scandals

SOMETHING INTERESTING happened in the German media this past week; the above article (EPO article from FAZ) aside, there is another one (titled “Den Chef nennen sie Putin”) pointed out by SUEPO this morning. A translation would be nice and maybe SUEPO is already working on it. “Finally,” one insider wrote, “the German Press starts to write about the EPO” (more in [1, 2] to that effect). There seem to also be attempts to pressure the German media to cover the Lufthansa scandals (“EPO, Lufthansa, and the German Government – Part II” will be out soon) and days ago German media mentioned German court/s forbidding the use of keyloggers (like Battistelli and his British spies — with actual connections to the Stasi through Desa — illegally did on German soil). This was covered also in the English media around the same time (it’s in our daily links). Is the tide turning? It’s too early to tell, but one can hope. Will lawlessness end? Eager to see the UPC, Maas never seemed to care about lawlessness at the EPO; he intentionally looked the other way, even when he was approached directly. The UPC now faces a serious constitutional complaint in Germany and earlier today we found the following new comment in IP Kat:

For the present:

As there is no judicial review by a national court of a member state of the EU in case of revocation of a patent or refusal of an application, we are bang in the constitutional problems which are to be discussed before the German Constitutional court.

The liability of the member states of the EU might also be at stake with the present amendment of R 27 and 28 EPC, see CIPAs observations.

Another interesting point:

Are the implementing regulations as decided by the Administrative Council always applicable to the Boards of Appeal?

The answer is no, cf. G 6/95, OJ 1996, 649. At the time of this decision, the Praesidium of the BA decided upon the RPBA, which were subsequently enacted by the AC.

With the new structure of the Boards of Appeal, the Praesidium of the Boards having been given the opportunity to comment, the RPBA are decided by the BA Committee, cf R 12c(2)EPC. It means that the Praesidium has just to be heard, but his opinion can be disregarded. I therefore wonder whether a decision like G 6/95 would still be possible.

But the perception of independence of the Boards has been increased….

For the future
And we do not yet have the UPC up and running, and are over the transitional period for opt out.

Once a patent has been granted, the UPC can only take decisions as to infringement and validity, under the control (directly or indirectly) of the CJEU, valid for its member states. It can, at a pinch, decide for member states of the EU which are not member states of the UPC, but it cannot decide for member states of the EPC, which are are neither member states of the EU nor of the the UPC.

Where is the simplification heralded by all the proponents of the UPC?

Why has the UPC not be brought in front of the CJEU?

We really live in interesting times!

The collapse of the Rule of Law at the EPO seems to have come at a very high cost: the potential death of the UPC.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  2. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  3. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  4. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  5. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  6. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  7. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  8. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  9. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  10. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  11. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  12. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  13. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  14. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  15. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  16. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  17. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  18. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  19. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  20. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  21. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  22. Links 31/01/2023: elementary OS 7

    Links for the day



  23. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  24. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  25. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  26. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  27. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  28. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  29. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  30. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that


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

Recent Posts