Bonum Certa Men Certa

The EPO is So Backwards That the Boss Has Just Become Subservient to the Subject of Oversight

IP Kat will never mention these things anymore because it's nowadays dominated by Team UPC (the editors)

Mitze



Summary: Just like the EPO's Boards of Appeal, which are subjected to the wrath of the Office President (in clear defiance of the founding document of the EPO) and people s/he appoints, the Administrative Council completely fails to demonstrate separation from the Office because its Chairman now works for the President

SEEING that the U.S. Patent and Trademark Office (USPTO) has its own nepotism issues, we haven't quit covering its affairs. But seeing that the EPO resumes (this new year) the same old agenda, we have to prioritise this.



This is the European Patent Office (EPO) again, for the second time in a day today, promoting software patents in Europe. They just can't help themselves, can they?

The person who helped Battistelli deny the decline in patent quality is now joining the team of António Campinos; separation of powers? Forget about it! Campinos needs someone to rub his back or tickle his belly, so he has got some roles reversed; Christoph Ernst has turned from the President's boss into his assistant because the EPO lacks any sense/concept of oversight. In the EPO's own words: "EPO’s new vice-presidents take up their posts" (warning: epo.org link) and here's the part about Ernst:

Christoph Ernst will lead the Directorate-General Legal and International Affairs, which is in charge of European and international co-operation, patent law and multilateral affairs, legal services, patent information and the European Patent Academy.

Before taking this new post, Mr Ernst was head of directorate at the German Federal Ministry of Justice and Consumer Protection, and served as Chairman of the Administrative Council of the European Patent Organisation from October 2017 until December 2018. He is experienced in economic, commercial and tax law, and also has extensive knowledge of intellectual property. Mr Ernst has represented Germany in the Administrative Council of the EPO and other IP organisations, including the EUIPO and the WIPO.


He had also been involved in UPC matters, so no doubt he can help Campinos meddle in the affairs of the FCC.

There's a big bunch of dead blogs dedicated to the UPC in an age when even some of Team UPC throws in the towel. Here's one that woke up again with a ridiculously loaded headline and premise. The question in the headline is the very opposite of what is true, but we can understand that Team UPC blogs try to become active again (in spite of the UPC's death). The blogger wrote in Twitter: "Now that the EU and the UK have agreed on a #Brexit deal, is the UK's participation anymore likely and is the coming into force of the #UnifiedPatentCourt Agreement anymore certain?"

Well, the deal and Brexit are theoretical and nobody knows what will happen next, at least not yet; this uncertainty in its own right is a form of blockade or deadlock. From the said blog:

The UK government and the European Union signed the Brexit deal on 25th November 2018. Although the UK parliament still needs to approve the deal, the “Political Declaration setting out the Framework for the Future Relationship between the European Union and the United Kingdom” calls regarding intellectual property for “the protection and enforcement of intellectual property rights to stimulate innovation, creativity and economic activity“. It also urges the parties to “establish a mechanism for cooperation and exchange of information on intellectual property issues of mutual interest, such as respective approaches and processes regarding trademarks, designs and patents“.


That does not say anything about UPC and the person who ratified it has quit his job due to Brexit. Either way, the above serves to illustrate that several potential issues exist because Campinos gains greater powers than Battistelli ever had; his boss has become like his 'butler' and that butler of his may have connections in Germany; we already wrote about the connections between Ernst and the UPC. Will stunts be attempted? Another Lutz (facilitator of many of Battistelli's abuses)?

Recent Techrights' Posts

Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
 
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day