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

01.01.18

How Institut International des Brevets (IIB), INPADOC and Other Historic Endeavours Relate to EPO and DG1/DG2

Posted in Europe, Patents at 7:51 am by Dr. Roy Schestowitz

Not much public information/online literature about it (not anymore)

Institut International des Brevets (IIB)

Summary: The roots of the Dutch/German-centric EPO and the lesser-discussed points/questions which these roots may bring up

LAST NIGHT we wrote about the EPO being a cash cow of Germany. A lot of this money comes from outside Europe to mostly enrich the German economy (for patents with European — and beyond — scope).

“EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations.”The FFII’s President then told me he “heard the money goes into the Ministry of Justice, and if that’s the case, they also decide on UPC, so there might be a serious conflict of interest there. During the swpat [software patents] directive, competence was transferred from the ministry of economics to the ministry of justice.”

Germany’s role in the EPO and the roots of EPO structures are worth recalling. We studied the subject a long time ago (when Germany blatantly refused to enforce German law against the EPO’s management), but we never published anything about it. Whose European Patent Office is it anyway? “I’m not at all into social media, but I just had a look at their EPO Twitter feed,” said former EPO staff. “What a crock! Do they sub-contract to the Pyongyang People’s daily?”

No, it’s based in Germany. A lot of the EPO is based there. It should certainly not be a taboo subject to highlight this fact. It’s not a protest against the European Union or against Germany itself.

“Let’s not forget the element which emerged later: an ‘unwanted’ DG (DG3) was sent to Haar.”“The reference to Art. 5(2) illustrates a profound asymmetry,” one person told me when the EPO threatened to sue me. “The EPO claims immunity in all matters whenever it suits them. But then they turn around and cries “but, hey, please, I’m a real person!” when it also suits them. I’m not sure whether the drafters of the EPC had such a monstrous outcome in mind.”

EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations. It is, indeed, quite a monstrosity.

Citing several pages of a 1990s law treatise, one reader of ours said that “[t]here is at least one chapter specifically dealing with the EPO. A mere few lines describe a case which happened in Austria sometimes in the 1980s which I found rather egregious.”

This, in turn, leads back to EPO history (which might be poorly or inaccurately recalled). To quote:

IIRC, the EPO took over a commercial company, and made it an integral part of organisation.

If memory serves me right, the company wasn’t named, but it could only have been INPADOC, the patent information service. The Vienna agency is now in charge of the production of the EPO’s own patent information, the publication of EPO patent-related documents, and gathers patent information worldwide for inclusion in EPO databases, which are also sold.

Again, inferring from the few details given, the company must have had a long term lease for their office space, but the EPO moved the operation to new premises, and simply walked out of the old contract.

The landlord sued for the unpaid rent, considering that the office took over the obligations of the former entity, but the EPO pulled the “IMMUNITY” trump card, and the judge obliged!!!

Now, Art. 5 was obviously designed to allow the EPO to sue, say, plumbers who botch their work.

But a competent plumber whose bill wasn’t paid by the EPO must also be able to sue, isn’t it?

I don’t know what kind of impression 30-year old continental case law would make on an English judge.

I would be rather surprised if the Derbyshire council, or any other one, wouldn’t be allowed in matters of commercial law. A parallel could be drawn.

BTW, this was the Vienna office which Battistelli want[ed] to swap with DG3.

How about a triangular exchange? DG3 to Vienna, Vienna to Berlin, and Berlin to Munich… The more, the merrier.

We often wondered why DGs came about at all. What was the historic significance of these? Here’s a possible explanation:

The EPO was built on two pillars:

1) The IIB, “Institut International des Brevets”, which was a pre-existing institution founded around 1947 based at The Hague. It was designed to supply prior-art searches to a number of countries, for the eventual determination of patent validity strictly under national laws. In essence it was a big library with a lot of librarians. It was merged into the EPO as its “Directorate General 1″ – DG1. [And IIB staff weren't too happy about that, but that's another story.]

2) The DG2 in Munich which opened its doors in 1978, for performing the substantive examination assessing patentability according to the law defined in the EPC, based on documentary evidence located by DG1.

[The distinct DG1 and DG2 have now disappeared and merged into a new "DG1"]

The IIB had been mostly an affair of French, Benelux and Latin countries in the early 20th century, of which Germany had been excluded.

I would have to find absolute proof of that, and visit archives, but it seems from the circumstantial evidence that this project was intimately connected to an humanist dream of a world documentation center for gathering and organising all forms of human intellectual production.

The early history of concept of DG2 is more sinister, and if I were Battistelli, I would avoid using the “nazi” label to smear my opponents… quite a bit of stuff in German from 1940-1945 is quite uncomfortable to read, as it looks like a virtual blueprint for the structure of the 1973 EPC…

Is this the kind of history you had in mind?

The miracle in my eyes is how an humanist endeavor [DG1] and a corporate wet dream [DG2] came to be merged into one project as a part of “European Construction”.

Let’s not forget the element which emerged later: an ‘unwanted’ DG (DG3) was sent to Haar. Poetic?

“Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.”“I’ve been interested for a long time in the early history of the EPO,” one person once told us, “a topic on which not that much has been written. By “history” I mean, real work by historians analyzing the motivations of the negotiating parties, and on the “proto-history” of the institution. The quest for an international patent system has been ongoing for at least the last 140 years, and the EPO undoubtedly isn’t the final episode.”

Think of the UPC, among other things, maybe even WIPO’s ambitions and IP5. Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.

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 13/12/2018: IRS Migration, GNOME 3.31.3 Released

    Links for the day



  2. Patent Trial and Appeal Board (PTAB) Decisions Still Uncontroversial Unless One Asks the Patent Maximalists

    Contrary to what the Director of the U.S. Patent and Trademark Office has claimed, PTAB is liked by companies that actually create things and opposition to PTAB comes from power brokers of the Koch brothers, law firms, and trolls (including those who foolishly repeat them)



  3. Latest Talk From IBM’s Manny Schecter Shows That IBM Hasn't Changed and After the Red Hat Takeover It'll Continue to Promote Software Patents

    IBM's hardheaded attitude and patent aggression unaffected by its strategic acquisition of a company that at least claimed to oppose software patents (whilst at the same time pursuing them)



  4. The European Patent Troll Wants as Much Litigation as Possible

    Patent quality is a concept no longer recognisable at the European Patent Office; all that the management understands is speed and PACE, which it conflates with quality in order to register as much cash as possible before the whole thing comes crashing down (bubbles always implode at the end)



  5. António Campinos Turns His 'Boss' Into His Lapdog, Just Like Battistelli and Kongstad

    The European Patent Organisation expects us to believe that Josef Kratochvíl will keep the Office honest while his predecessor, the German who failed to do anything about Battistelli's abuses, becomes officially subservient to António Campinos



  6. Links 12/12/2018: Mesa 18.3.1 Released, CNCF Takes Control of etcd

    Links for the day



  7. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  8. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  9. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  10. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  11. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  12. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  13. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  14. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  15. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  16. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  17. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  18. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  19. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  20. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  21. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  22. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  23. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  24. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  25. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  26. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  27. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  28. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  29. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  30. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with


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