07.24.18

Gemini version available ♊︎

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 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. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  2. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  3. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  4. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  5. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  6. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  7. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  8. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  9. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  10. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  11. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  12. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  13. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  14. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  15. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  16. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  17. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  18. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  19. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  20. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  21. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  22. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  23. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  24. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  25. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  26. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  27. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  28. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  29. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  30. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)


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