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

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 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 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  2. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  3. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  4. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  5. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  6. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  7. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  8. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  9. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  10. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  11. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  12. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  13. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    Links for the day



  14. The Problem Isn't Women or Minorities in Free Software But Particular Corporations That Exploit or Steer or Hijack Their Agenda

    If technical issues are being disguised using colours and genders (among other things), then it's important to highlight who's behind it (what company/ies) rather than fling back insults at people because it makes things worse



  15. There's No Such Thing as Cloud Computing, Serverless and All That Other Nonsense

    Buzzwords. Confronted.



  16. Linux is Doing 'Well' Only for Those Who Dislike Software Freedom and Love Control Over Users

    Linux, the kernel, has become a corporate playground or a sandbox that's used to upsell proprietary software, including surveillance; freedom in Linux is gradually being diminished if not completely obliterated and it does not worry the foundations entrusted to guard against it



  17. Consultation About Direction and Future Focus for Techrights

    We invite ideas and recommendations for the future of the site, notably which topics and aspects are worth covering as a matter of higher priority



  18. European Media Continues to Ignore the EPO Crisis While Law Firms and EPO Management Cover Things Up

    The EPO crisis silently deepens because serious problems are lied about, not acknowledged, and the legitimacy of European Patents is greatly diminished, not to mention the EPO's ability to attract talent



  19. Links 12/7/2019: Alpine 3.10.1 is Out and Red Hat Loses Oliva

    Links for the day



  20. Links 11/7/2019: KDE Plasma 5.16.3 and Verifying Gentoo Election Results

    Links for the day



  21. Campinos is Already Widely Seen as Battistelli the Second, Even Among EPO Stakeholders

    The Frenchmen in charge of the EPO may have a taste (and waste) for wine, but they have no clue how to run a patent office (except into the ground); patent application numbers are meanwhile falling (a reduction in demand)



  22. The EFF Responds to IBM's Liars and Lobbyists for Software Patents Just a Day After Red Hat is Officially Absorbed

    IBM's unacceptable stance and abominable actions on the patent front continue to haunt it; IBM must quickly dissociate and reconsider its patent strategy so as to not alienate thousands of workers (the real asset of Red Hat) it has just spent a fortune on



  23. Microsoft Putting Patent Traps Inside Linux While Blackmailing Companies Using Patents Associated With These Traps

    In an effort to make exFAT (a patent trap) the 'industry standard', even inside Linux, Microsoft now wants exFAT inside the very heart of Linux and people are pushing back



  24. Links 11/7/2019: Cockpit 198, Librem Updates

    Links for the day



  25. More People Are Coming Out: Microsoft Tried to Get Them Fired for Standing in Microsoft's Way (the 'One Microsoft Way')

    Microsoft's bullying tactics aren't "old news"; the same tactics carry on to this date and they're the moral or corporate equivalent of doxing



  26. Links 10/7/2019: Sparky 4.11 and Sculpt OS 19.07

    Links for the day



  27. Links 10/7/2019: Septor 2019.4, Tails 3.15, FreeBSD 11.3 and Microsoft 'Morality Police' (Censorship of FOSS) in GitHub

    Links for the day



  28. EPO Further Harms Justice and Quality by Weakening Processes Associated With the EPO’s Boards of Appeal

    The priorities of EPO management reveal the sheer misunderstanding if not malice; either they do not know how to run a patent office or they intentionally try to make it fail (where it matters most)



  29. Links 9/7/2019: Goodbye Red Hat (IBM Takeover Finalised), Mesa 19.1.2, D9VK 0.13

    Links for the day



  30. IBM Has Just Wiped Clean Red Hat's Position on Software Patents

    Proprietary software giant buying Red Hat is not good news; but now it is confirmed and damage limitation may be in order


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