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

12.06.18

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

Posted in Courtroom, Europe, Law, Patents at 8:34 am by Dr. Roy Schestowitz

Related: Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

Fair trial

Summary: 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

THE underlying issues at the European Patent Office (EPO) have not been addressed at all. They just rotated the face, swapping one Frenchman with another, António Campinos. In a 20-year period it's expected that almost 17 years will be French-led at the EPO. How ridiculous is that? A reader of ours calls it "La famiglia".

“It’s almost as though Wingrove just writes whatever Bristows’ main office tells him to write and the headline says “Constitutional Court ruling rumours spread” as if this “spread” somehow means there’s truth to it; for all we can tell, the only ones “spreading” it are propaganda sites like the one Wingrove writes for.”We are well aware that the Constitutional Court in Germany (FCC) is assessing the situation. It isn’t helping that UPC propaganda sites (connected to the EPO and Team UPC) are perpetuating falsehoods. Patrick Wingrove is the latest to do this in a patent propaganda site which keeps spreading false rumours that are baseless and created out of thin air by Team UPC. It’s really bad, but we suppose it says a lot about their journalistic standards. They have none; they just have sponsors and an agenda to sell. “Talk is building of a decision from the German Constitutional Court before year-end,” Wingrove wrote, “the UK House of Lords heard evidence about Brexit’s effect, and the Italian Council of Ministers approved national legislation to adopt the Unitary Patent Regulation and the UPCA…”

What is the source for all this? Team UPC. It’s almost as though Wingrove just writes whatever Bristows’ main office tells him to write and the headline says “Constitutional Court ruling rumours spread” as if this “spread” somehow means there’s truth to it; for all we can tell, the only ones “spreading” it are propaganda sites like the one Wingrove writes for. It’s wishful thinking and lobbying; it’s totally baseless and already refuted by the court.

There are many aspects to the complaint, presumably 4 main ones; one of the concerns is that UPC judges are controlled by (re)appointment policy, leaving them subservient to crooked circles like Battistelli’s. It’s not hard to see what Battistelli thinks of justice and judges. There’s ample documentation of that. It’s almost 2019 and the EPO Boards of Appeal still do not have independence; Campinos has changed nothing after corrupt Battistelli illegally attacked judges (the latest update is rather grim, claiming that Judge Corcoran was admitted into a psychiatric hospital).

Nobody wants to go through what Corcoran experienced, so nowadays the boards may seem spineless and subservient to those it rules on (the Office). Kluwer Patent Blog, which recently mentioned Corcoran’s condition, said yesterday that a “EPO Board of Appeal decides plants can be patentable after all” (ridiculous) and to quote:

Those who thought that the battle on patenting of plants had gotten a final blow by the amendment of the European Patent Convention last year and the approach of the EPO examination following that (see this post), have not counted on the EPO Boards of Appeal.

The discussion on the patentability of plants has a long history within the EPO, which culminated in the amendment of Rules 27 and 28 EPC by the Administrative Council entering into force on 1 July 2017 (see this post). This amendment followed a Notice of the European Commission of 3 November 2016, indicating that the Biotech Directive 98/44 should have been interpreted as that plants obtained by essentially biological processes are not patentable.

There is meanwhile another controversy brewing; Doctors Without Borders have just issued the following statement:

Six organizations appealed today the European Patent Office’s September decision to uphold US pharmaceutical corporation Gilead Science’s patent on the key hepatitis C drug sofosbuvir. The appeal—filed by Médecins du Monde (MdM), Doctors Without Borders/Médecins Sans Frontières (MSF), AIDES (France), Access to Medicines Ireland, Praksis (Greece), and Salud por Derecho (Spain)—states that the European Patent Office (EPO) should revoke Gilead’s patent because it does not meet the requirements to be a patentable invention from a legal or scientific perspective.

The appeal comes exactly five years after sofosbuvir was first approved for use in the US, where Gilead launched the drug at $1,000 per pill, or $84,000 for a 12-week treatment course. The corporation has made more than $58 billion from sales of the drug and its combinations in the last five years.

Catherine Saez (Intellectual Property Watch) soon followed with this coverage:

Six organisations, including Médecins Sans Frontières (MSF, Doctors Without Borders), today appealed a European Patent Office decision to uphold Gilead Science’s patent on hepatitis C drug sofosbuvir.

In September, the European Patent Office (EPO) upheld Gilead’s patent on sofosbuvir in an amended form (IPW, Public Health, 13 September 2018).

MSF, along with Médecins du Monde (MdM), AIDES (France), Access to Medicines Ireland, Praksis (Greece) and Salud por Derecho (Spain), filed an appeal requesting that the EPO revoke Gilead’s patent. They argue it lacks the patentability requirement “from a legal or scientific perspective,” according to an MSF press release. The filed appeal document was not available at press time.

Intellectual Property Watch has also just published “OECD Report Presents Policies To Balance Innovation With Access To Medicines” and they mean patents rather than innovation (they try to make it synonymous for propaganda’s sake or self-serving purposes). To quote:

The Organisation for Economic Cooperation and Development (OECD) has released a new report that presents policy options for countries to strike a better balance between promoting financial incentives for pharmaceutical innovation and ensuring affordable access to medicines. Finding this balance, the report explains, will be essential for ensuring the sustainability of health systems.

Where have the board been when it comes to stopping abstract patents on mathematics and actually enforcing the EPC? The EPO has just finished an event that promotes software patents in Europe and all that Intellectual Property Watch wrote about it was this puff piece, based on this misleading outline (warning: epo.org link) that the EPO published yesterday. To quote:

The number of blockchain inventions is mushrooming, and the European Patent Office wants to ensure it handles the increasing patent applications consistently, officials said at a 4 December conference that brought together around 350 patent examiners and practitioners.

Only them? Well, the EPO is no longer shy to break the law and to promote software patents provided it uses surrogate names and terms. That’s a problem, but who’s going to stop this when one President controls everything, attacking judges and even turning his boss into his assistant in a few weeks? As some insiders rightly claimed, Campinos now makes himself even more powerful than Battistelli and if the FCC was ever to approve the UPCA, things would go truly mental, giving a corrupt Office power over courts in the whole of Europe.

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. 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



  2. 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



  3. 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)



  4. 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



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

    Links for the day



  6. 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)



  7. 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



  8. 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



  9. 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



  10. 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)



  11. 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



  12. 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



  13. 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



  14. 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



  15. 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)



  16. 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



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

    Links for the day



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

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



  19. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



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

    Links for the day



  21. “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



  22. 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



  23. 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



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

    Links for the day



  25. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  26. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin



  27. Links 13/2/2019: Plasma 5.15.0 and a Look at Linux Mint Debian Edition Cindy

    Links for the day



  28. Battistelli's Bodyguard, Part II: Fishing Expedition for Sources in the Alexandre Benalla 'Underworld' Scandal

    An utter lack of respect for the privacy of the media and of its sources, in the name of protecting the privacy of those convicted of crimes, as seen in France just like the European Patent Office



  29. Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

    Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)



  30. Battistelli's Bodyguard, Part I: Destruction of Evidence by Alexandre Benalla

    The Alexandre Benalla scandal carries on, deepening even further than before and causing raids of the media; will the EPO be implicated and held accountable too?


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