01.12.19

IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

Posted in Europe, Patents at 6:21 pm by Dr. Roy Schestowitz

It had gotten so bad and so blatant that IP Kat even zapped an entire thread (about 40 comments) sceptical of António Campinos because it disliked the views, not the tone (nothing rude about it)

CIPA meeting with Stephen Jones
Stephen Jones (just after he had left IP Kat) stood next to Battistelli to promote the Unified Patent Court (UPC)

Summary: The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)

THE MEDIA is totally, utterly, completely failing Europe. And meanwhile the European Patent Office’s (EPO) corruption is spreading, reaching well outside Europe. The U.S. Patent and Trademark Office (USPTO) increasingly adopts similar tricks. As Benjamin Henrion put it some hours ago: “Software Patents are back with new USPTO guidelines, using the insane EPO technical effect blackhole…”

He was focusing on software patents in Europe, but there are so many other aspects to it. The above statement isn’t entirely accurate and we’ll respond to this in our next article (focused on the US).

Weickmann & Weickmann’s Jörg Prechtel has just boasted that “Possible Coverage of European patents is still expanding” (that’s his promotional headline) and it’s a recipe for disaster not just in the EU or Europe at large; the EPO is an international organisation which increasingly services countries outside the EU, not to mention patent trolls from countries like the US. We wrote about it before. These people even lead EPO events; patent trolls are now admired by the EPO.

It worried us when 2-3 years ago management of IP Kat changed; some people whose business includes serving patent trolls took key positions in the blog and not too long afterwards there was never-ending UPC propaganda, “Merpel” ran away with ‘her’ tail between ‘her’ legs and later on people’s comments that dared bring up EPO scandals simply didn’t get through moderation; then we saw some of them deleted individually (after they had been approved). It culminated in mass deletion of an entire thread (about 40 comments) about Campinos. The ‘new’ IP Kat showed its true spots (or colours). Nothing has changed since.

This is what the authors of IP Kat wrote yesterday: “It is yet to be seen whether the EPO’s new president, Antonio Campinos, will be effective at healing the rifts created by Battistelli.”

It has been 6 months. He fixed nothing. How much longer should one wait? Notice the fluffy paragraphs in question and the adorable photo of Campinos (which they added next to these):

Will the EBA be convinced by these arguments? It does seem that it is high time for this issue to be laid to rest. However, the EBA is not obliged to accept the referral from the President as admissible as we saw in G 1/14. Furthermore, an opinion by the EBA following a referral by the President will have no bearing on the TBA decision giving rise to the referral, given that the appeal proceedings have already concluded.

The President’s referral to the EBA took place under the fraught political backdrop of Battistelli’s controversial presidency, in which the independence of the EBA and BA was arguably brought into question. Did the EBA really have the freedom to objectively form an opinion on questions referred by the President? It is yet to be seen whether the EPO’s new president, Antonio Campinos, will be effective at healing the rifts created by Battistelli.

An opinion by the EBA in G 1/18 may be issued in the coming year…

These people lack independence from Campinos; we wrote about it many times. Campinos did absolutely nothing to assure them of independence; to make matters worse, he left Judge Corcoran to rot, some suspect on the verge of suicide (those are speculations). DG3 is still controlled directly and indirectly by Campinos, a patent maximalist with a short fuse and reportedly the same temper problems as the fellow Frenchman who gave him this job.

Read this early comment on the puff piece with a smiling Campinos: “Just wondering how much time and money this will cost to decide, as far as I understand it, only the question of whether DG3 should keep the appeal fee or not when an entity messes up their appeal filing?”

And a later comment said:

There is another hurdle the Enlarged Board of Appeal (EBoA) has to take before it can deal with the referred question.

Art. 112(1)(b) EPC stipulates: ”the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question.”

The EBoA always first had to investigate the condition of “different decisions” (French: “décisions divergentes”; German: “voneinander abweichende Entscheidungen”). In the case at hand, it would not be too difficult to decide that there are no “different decisions”. In that case, the EBoA may choose not answer the referred question. In G 3/08 (Patentability of programs for computers) the EBoA came to the conclusion that the referral by the President was not based on “different decisions” but nevertheless answered the referred question. However, there is no obligation to do so. In G 3/08, the EBoA came to the conclusion (based on Art. 31 Vienna Concention) that the notion “different decisions” has to be understood restrictively in the sense of “conflicting decisions”.

The EBoA in view of the beloved person filing the referral at the end of his reign, may find arguments not to answer the question.

As we said at the turn of the new year, in 2019 we intentionally reduce focus on legalese and particular legal cases (grasping them is very time-consuming and potentially boring to readers), but the one thing we’ll say is that IP Kat only ever covers EPO in a positive context/connotation (several more decent contributors were said to have left the blog at the turn of the new year). It moreover gives the false impression that things have improved just because it’s quiet (gagging of staff representatives). In that regard it’s almost complicit. IP Kat is now part of the problem.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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 28/1/2021: Stable Kernels and Sudo Bugfixes

    Links for the day



  2. Showing Solidarity With FSFE Survivors

    What does justice look like?



  3. IBM is Throwing Away Red Hat's 'de Facto Standard' Status in Servers, Wrongly Assuming People Can't (or Won't) Go Elsewhere

    This new video is over half an hour long and it’s a discussion of IBM’s self-harming (shot-in-the-foot) move, which it already seems to regret



  4. Why 6 Screens and 6 Virtual Desktops

    An explanation of how I use computers and how I distribute tasks (across screens and across virtual desktops)



  5. Red Hat Developer Network Promoting Microsoft's Proprietary Software, Sometimes by Mass-Mailing People

    Red Hat is doing a disservice to people who subscribe to E-mail newsletters; those people are almost never into Microsoft's proprietary software, which they want to get away from



  6. IRC Proceedings: Tuesday, January 26, 2021

    IRC logs for Tuesday, January 26, 2021



  7. Links 26/1/2021: Mozilla Firefox 85.0, Tails 4.15, Zentyal Server 7.0, GNOME 40 Alpha

    Links for the day



  8. Instead of Making Access to COVID-19 Solutions Easier Bill Gates Has Made It Harder (Patent Profits)

    Counterproductively — and at a great cost to human civilisation — Bill Gates has once again put profits and monopoly ahead of global goals such as collective health



  9. We Need More Documents Leaked to Know Intel (From the) Inside

    We invite more leaks from the belly of the beast "chipzilla", seeing that it is becoming a drone of Microsoft again, yearning for the "Wintel" days instead of moving on to a world dominated by GNU/Linux and Free/libre software



  10. Why GNU/Linux Users (and the Public at Large) Should Support Leaking/Whistleblowing Sites (Including Wikileaks)

    To demonstrate the value of "scientific journalism" (a term apparently coined by Wikileaks) we take a look at Red Hat's response to embarrassing leaks (demonstrating what a scam their certification and examination programmes really are)



  11. EPO President António Campinos is Still Not Listening, According to Internal EPO Documents

    Increasingly arrogant and unaccountable management of Europe's second-largest institution (EPO) has left staff disillusioned but still defiant; there's clearly unsuitable or unfit-for-purpose management at the EPO, self-selecting based on nepotism/loyalty so as to cover up abuses



  12. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  13. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  14. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  15. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  16. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  17. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  18. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  19. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  20. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  21. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  22. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  23. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  24. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  25. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  26. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  27. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring



  28. In 2020 Onwards 'Open Source' is Just a Marketing Ploy of Monopolies, Unlike Free Software

    More people are nowadays seeing or witnessing 'Open Source' for what it truly is; the term has become a misleading marketing term of proprietary software firms looking to rebrand as "ethical" (e.g. by sharing some code with other proprietary software firms, over proprietary platforms such as GitHub)



  29. Microsoft: The Year After We Bought GitHub There Was a Significant Decline in Number of New Projects on GitHub

    Microsoft has just admitted that in 2019 GitHub saw a very significant decline in number of new projects (and users, which it is conveniently miscounting by adding 'phantom' ones) on the site. Just what we had heard before they confirmed it (and they foresaw this effect of the takeover, hence the lies about "loving" Linux).



  30. Social Control Media is a Passing Fad, We Should All Go Back to Blogging and Subscribing to RSS Feeds

    The whole "social control media" phenomenon has been oversold or promoted using lies; in reality, as a mountain of evidence serves to show, it's a way to manage society at a macro scale


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