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. Links 26/4/2019: Best GNU/Linux Laptops and More

    Links for the day



  2. Research Into Who's Putting DRM Inside Linux

    Back doors may be hard to detect (requires understanding a lot of underlying code), but how about malicious 'features' or antifeatures that are put in the kernel to serve Hollywood at the expense of the kernel's users?



  3. "Dia da Liberdade" in Portugal -- Wilted Carnations in EPOnia

    "Reliable sources report that the discontent continues to simmer among the EPOnian peasantry and that the steam is slowly but inexorably building up inside the pressure cooker," tells us a guest writer



  4. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  5. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  6. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  7. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  8. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  9. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  10. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



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

    Links for the day



  12. 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



  13. 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)



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

    Links for the day



  15. 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)



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

    Many IRC logs



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

    Many IRC logs



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

    Links for the day



  19. 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



  20. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



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

    Links for the day



  22. 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



  23. 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



  24. 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



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

    Links for the day



  26. 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



  27. 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



  28. 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



  29. “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)



  30. 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


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