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

07.24.18

Under António Campinos the EPO’s Appeal Boards, Including the Enlarged Board of Appeal, Still Lack Independence

Posted in Europe, Patents at 3:45 am by Dr. Roy Schestowitz

António Campinos has done virtually nothing about it after nearly a month on the job

Mafia Battistelli

Summary: Campinos has thus far done absolutely nothing to reverse Battistelli’s abusive policies; he is thus better/best regarded as Battistelli with another faceplate and fewer words

THE EPO scandals simply aren’t over because nothing was ever done to resolve them. Campinos is not even complying with court rulings, still. His silence is in some sense more dangerous than Battistelli’s loud and strident approach because in calm and secrecy he can do bad things, such as plotting future layoffs and other cuts (like he did at EUIPO some months ago).

“Oppositions staff said “no” to such patents, but will the Boards enjoy any perceived independence? Will they be afraid when ruling, e.g. cuts of their jobs?”An advocacy site of patents on life (disguised as a news site) has published this article titled “Will the EPO’s Enlarged Board hear the Broad’s CRISPR case?”

Oppositions staff said “no” to such patents, but will the Boards enjoy any perceived independence? Will they be afraid when ruling, e.g. cuts of their jobs? They should just say no to all CRISPR patents (as per the EPC), but will they? Can they take the ‘risk’? Inside the EPO they have somewhat of a reputation for patent maximalism — the very same thing Campinos pushes for in this atmosphere of impending layoffs and a hiring freeze. To quote this pseudo-news site (lobbying ‘packaged up’ as news):

As the Broad Institute faces a formidable task in defending its revoked CRISPR patent claims in a pending appeal at the EPO, European academics Jakob Wested, Timo Minssen, and Esther van Zimmeren are wondering whether some of the issues might be referred to the Enlarged Board of Appeal.

The EPO has meanwhile (yesterday) mentioned the EPO’s appeal boards (warning: epo.org link) for the first time since Campinos took over. It’s in French. Since the President is French (dual national banker they disguise as only “Portuguese”) he can read the original in French (his country of birth) and the English part says this: “In accordance with Article 112(1)(b) EPC the President of the European Patent Office has referred a point of law concerning the interpretation of Article 108 EPC to the Enlarged Board of Appeal (case G 1/18).”

“The EPO is still in a serious crisis. Campinos perpetuates this crisis by refusing to resolve any of the scandals. He has not tackled even one! It has been almost one month.”What happens if they rule the ‘wrong’ way (i.e. not the way he wants them to)? Structurally, he has far too much leverage over this. This has been covered and explained many times before. This structural deficiency, perpetuated by the UPCA, renders them incapable of ruling properly.

The EPO is still in a serious crisis. Campinos perpetuates this crisis by refusing to resolve any of the scandals. He has not tackled even one! It has been almost one month.

Where are the law firms that objected to Battistelli? Why aren’t they speaking out against the inaction from Campinos? Did they just pursue a face change or a change in policy?

Hogan Lovells has just published this update about the EPO/Germany, but EPO scandals are nowhere in sight. To quote:

The patent at issue relates to a cigarette paper having a reduced tendency for inflammation. According to the patent, this is achieved by applying a thin film (solution) on the cigarette. In opposition proceedings, a panel of the EPO decided the term “solution” did not include “suspensions.” In subsequent infringement proceedings, however, the Higher Regional Court ruled the opposite. It held that suspensions fall within the scope of the patent and found the same to be infringing. In doing so, the court stressed that it was not bound by an interpretation of the EPO; rather, the infringement court should make its own assessment on how to define claim features.

[...]

This decision may make it easier for parties to take contradictory or conflicting positions across validity and infringement proceedings. Not only did the Higher Regional Court find it was not bound by the EPO, it added that contradictory statements by a plaintiff in validity proceedings should only be taken into account under exceptional circumstances—in particular, only to the extent that (1) a patent owner has made a declaration in course of the validity proceedings that is directed at restricting the scope of the patent; (2) the patent has been maintained on the basis of this; and (3) the defendant to the infringement action was a party to the validity proceedings. This decision may therefore help patent owners seek a narrow claim construction in validity proceedings, while later insisting on a broader interpretation in infringement proceedings.

EPO insiders have long complained about decline in patent quality (necessitating more of the above-mentioned validity proceedings). What can redeem the office are the appeal boards, issuing decisions that set the policy/tone, but they’re still enslaved/inferior to Campinos, a man known for just about nothing (so far) but being Battistelli’s pick. That’s no assurance of independence and their colleague might still be hospitalised after years of vicious legal bullying.

This is a very bad situation to be in. Stakeholders all across Europe don’t just need to accept lack of access to justice; it’s like the judges themselves tell them (or publicly complain) that they lack independence. This is an unprecedented crisis and to even speak about the UPC as a possibility should be outright ludicrous (UPC would replace national courts, which aren’t yet corrupted like this).

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. Battistelli's Bodyguard Has Been Arrested, But Battistelli Should Join Him

    Alexandre Benalla and Vincent Crase end up in prison; will French investigators bother checking Benalla's past with Battistelli as well as other Battistelli scandals (incidents of law-breaking and of corruption)?



  2. Links 22/2/2019: GNOME 3.32 Beta 2 Released and Fedora 30 Flicker-Free Boot

    Links for the day



  3. Links 20/2/2019: digiKam 6.0.0, Cockpit 188, Mesa 19.0 RC5

    Links for the day



  4. How Long Can the EPO Bend the Rules Before the Avalanche of Invalid Software Patents?

    A 35 U.S.C. § 101/SCOTUS moment in Europe will likely squash loads of abstract European Patents granted by the EPO; shouldn’t the EPO foresee this and immediately cease granting such obviously bogus patents, whose main beneficiary is a bunch of patent trolls?



  5. Battistelli Trashed 223 Millions (of Stakeholders' Euros) on a System That Destroyed the European Patent Office and Made Few Private Corporations a Lot Richer

    A quarter of a billion euros later the EPO finally admits in private that this was a massive failure



  6. Links 19/2/2019: Mesa 18.3.4, Cutelyst 2.7.0, Plasma Pass 1.0.0

    Links for the day



  7. What Happened in the United States Now Happens in Europe: Lots of Patents Turn Out to Be Bunk, Fake, Bogus, Invalid and Thus Worthless

    Worthless patents — not opposition to such patents — are the greatest threat to the legitimacy of the patent system, yet bureaucrats fail to heed the warning in the name of short-term profits



  8. Stephen Rowan's and Nellie Simon's Letter to EPO Staff: eDossier Has “Not Reached the Required Quality Levels.”

    We've just commented on it; here is the raw letter in full, explaining that eDossier and related frameworks will be abandoned entirely and indefinitely within less than a fortnight



  9. Search Matters Not at the European Patent Office

    The EPO has found out that "System Battistelli" has been catastrophic for the quality of patents; it stops short of openly admitting it as such and in fact it keeps the message strictly confidential (explained to insiders, who will inevitably notice a system being abandoned)



  10. António Campinos Still Needs to Undo Battistelli's Union-Busting Activities at the EPO

    Solidarity and support for Laurent Prunier are needed because the new French president lacks empathy even for fellow Frenchmen whose sole 'crime' is that they represented EPO staff



  11. Links 18/2/2019: Linux 5.0 RC7, RISC-V Spreading Fast

    Links for the day



  12. António Campinos Still Needs to Hold Team Battistelli Accountable for Illegally Bringing Weapons to the EPO

    It is imperative that, in order to repair the reputation of the European Patent Office (EPO), António Campinos should pursue accountability for the managers who brought Benalla and firearms to the Office (very serious breach of German law, jail sentence included)



  13. Links 17/2/2019: Compiz 0.9.14.0, Geary 0.13.0, GNU FreeDink 109.6, Debian 9.8, Texinfo 6.6

    Links for the day



  14. Amazon's Patent Policy Should be Enough of a Reason to Boycott Amazon and AWS

    There are many things to criticise Amazon and its founder for; but rarely does the mainstream media bring up the company's appalling patent policy



  15. Don't Use Cloudflare Because You Impose This on People Who Least Want It

    Reasons to stop making the World Wide Web so heavily dependent on some dubious companies like Cloudflare, which already has a worrisome track record



  16. How Many/Most EPO Examiners View 'President' António Campinos

    Based on what readers/insiders have told us, there’s a prevalent perception that António Campinos is afraid of (thus controlled/directed by) Bergot, who is still doing Battistelli’s biddings at the European Patent Office (EPO)



  17. Techrights' Priorities Over the Years

    An old priority of ours, eliminating software patents in the United States, is no longer quite so relevant because such patents are perishing in US courts, with or without outside intervention such as activism



  18. Courts in Disagreement: Warning on Wrongly-Granted European Patents and the Looming Collapse of All Software Patents in Europe

    By devaluing patents and reducing their perceived worth (as is happening in China and Europe) patent offices risk decreasing participation in the very system they fundamentally depend on



  19. Computing Will Not Necessarily Make the World a Better Place

    The vision of "happy world" (because each person has a so-called 'smart' 'phone') is a yuppie delusion that overlooks business models and corporate interests



  20. EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

    The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either



  21. Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

    IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)



  22. WSL is a Misleading Acronym/Name Because There's No Linux in It, It's Just Windows

    When Microsoft says "Linux" (as in "Microsoft loves Linux") what it actually means is Windows and/or Azure



  23. Links 16/2/2019: Ubuntu 18.04.2 LTS, PyCharm 2019.1 EAP 4

    Links for the day



  24. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  25. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  26. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  27. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  28. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  29. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  30. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day


CoPilotCo