Bonum Certa Men Certa

Power and Corruption: How European Patent Office Nepotism and Despotism Open Doors

Despotism: "the exercise of absolute power, especially in a cruel and oppressive way."

The turnstiles



Summary: A culture of secrecy, favouritism and revolving doors serves to tarnish the reputation of the European Patent Office (EPO) -- an institution that relies primarily on its reputation

EVERY NOW and then we see things that are so obviously and blatantly corrupt. We've often wondered what it would take to finally see existing and former EPO managers in prison.



"We've often wondered what it would take to finally see existing and former EPO managers in prison."Several hours ago Robert Stoll showed us an example of American "revolving doors" and its notorious effect in Watchtroll, where he's ranting over SCOTUS in "What Happens to Diagnostic Method Patents After Athena?" (link omitted on purpose)

So basically, he's doing abstract patents promotion after his U.S. Patent and Trademark Office (USPTO) career -- a long career that culminated when he was a high-level official. He now works in the private sector, just like David Kappos the lobbyist (and former USPTO Director).

We don't wish to dwell yet again on American patent news (we try hard to abstain from it this year), but it seems clear that 35 U.S.C. €§ 101/Alice is here to stay for a very long time. Janal Kalis is, as usual, looking for unusual cases where the Patent Trial and Appeal Board (PTAB) gets rebuffed, but all he could find was nothing because the Federal Circuit continues to affirm PTAB decisions. Instead Kalis has just mentioned (again, as usual) a mere application: "The PTAB Reversed an Examiner’s 101 Rejection of Claims in a Thompson Reuters Patent Application: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017006765-02-13-2019-1 …"

This is the kind of thing Robert Stoll hopes for and lobbies on. Never mind if he's misusing his former connections in a capacity at the private sector. These people are 'selling' 'access'. It is a form of corruption that sadly gets tolerated, especially under the Trump administration.

This now brings us to the EPO. Remember the notorious EPO Attaché Albert Keyack? Battistelli's "boyz" do exactly what he claimed to be trying to prevent by sanctioning 'low-level' staff such as examiners. Apparently the rules do not apply to Team Battistelli, whose members are free to break whatever rules and laws they want. Earlier today we read that "Kilburn & Strode hires former EPO US attaché" -- a classic example of revolving doors.

Kilburn & Strode LLP is a large law firm that's wooing the EPO and it's going to get easier with this new hire:

Kilburn & Strode has expanded its presence in the US after hiring former European Patent Office (EPO) attaché to the US, Albert Keyack, as vice president.

Keyack, who practised law solo for over a decade is also a former intellectual property rights attaché for South America for the US Patent and Trademark Office.

In his role at the EPO, Keyack acted in a liaison role with US-based applicants to the EPO.


This is not appropriate a hiring. Will the EPO do anything to prevent it? Of course not. People get promoted by President António Campinos for participation in abuse; they're being rewarded for it. Campinos even brought old colleagues of his from the EUIPO and retweeted by EPO's Twitter account several hours ago was this EUIPO tweet that says: "160 experts from EU IP offices, user associations and the @EPOorg meet at the EUIPO to this week to review progress on 10 🇪🇺European Cooperation Projects..."

Well, the EUIPO also shares its corruption with the EPO. It has been troubling to see how EPO corruption keeps spreading to numerous other institutions.

"In a rare referral to the Enlarged Board of Appeal, the EPO’s highest Appeal Board that decides on points of fundamental importance," Kilburn & Strode LLP's Gareth Fennell (Keyack's new colleague) wrote at the start of the month (days ago). They're trying or hoping to influence judges at the EPO -- more so in an important decision that we wrote about it thrice before [1, 2, 3]. All this coverage has been dominated by law firms that profit from software patents in Europe (EU even, in defiance of Parliament).

Speaking of referrals to the Boards, there's also this new article by Andrew Clark, Chris Milton and Mark Roberts (J A Kemp). In the name of faking 'production', anything goes at the EPO, including this:

The issue of "double patenting" arises in the EPO when one applicant files two European patent applications with closely related claims and the same effective filing date. A situation where double patenting commonly needs to be considered is when the claims of a divisional application overlap with the claims of its parent application. Under such circumstances it is necessary to determine how much overlap between the claims of the two applications should be permitted. The case law has developed such that the EPO will generally allow substantial overlap between the claims.

Double patenting considerations may also arise when a first European patent application claims priority from a second European patent application. Questions concerning double patenting in this situation were referred to the Enlarged Board of Appeal in February 2019. This referral should result in further clarification of EPO practice in relation to double patenting.


The judges aren't independent enough (if at all) to courageously end such abuse of granting authority. The EPO is such a mothball of corruption and injustice.

Recent Techrights' Posts

Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
 
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024
Gemini Links 16/12/2024: Invisibles and 20 Years of GNU/Linux on the Desktop
Links for the day
Microsoft's Windows Fell From 98% to Less Than 15% (in 15 Years in Africa)
Operating System Market Share Africa
Swaziland: GNU/Linux Leaps to 7.24%, Based on statCounter
Remember that Microsoft had many layoffs this year in Africa
A Birthday Wish
My birthday is a few hours away
[Meme] Definitely Not Your Role Models
Hypocrite Neckbeard Meme
Changes or Variation of Logo at the FSF as 40th Anniversary is Near (Months Away)
Next year the FSF turns 40
Mobile Usage Nearly 90% in Maharlika (Philippines)?
Microsoft has become just a footnote
Push Back and Become More Vocal for LLM Abuse and Misuse to Stop
We hope that more people out there (sites too) will call out the people who saturate particular topics on the Web with machine-generated junk
The Media Failed to Hold GAFAM Accountable (and Now It Suffers From It and For It)
This recognition of the problem emboldens us to carry on
Botswana: New Highs for GNU/Linux, All-Time Lows for Microsoft
No wonder Microsoft has so many layoffs in Africa this year
Links 16/12/2024: Skinnerboxes ("Smart" "Phones") and Control Social Media Blamed for Fights
Links for the day
Reminder: The Microsoft Person Who Used OpenAI for En Masse GPL Violations Told the Whistleblower to Kill Herself
The evidence (real message)
Links 16/12/2024: emacs, Drawabox, “You Should Have Your Own Website”
Links for the day
In Some Parts of the World, Like Central America and South America, Microsoft is Irrelevant on the Web
Nadella has bet the farm on a Ponzi scheme
[Meme] Microsoft is Not a Country
Reporting crimes is essential for democracy
There's Not Much Time Left for President Biden to Pardon Julian Assange and Signal to Journalists That Exposing States' Crimes or Rich People's Misbehaviour is Lawful
Apathy towards this is part of the problem
Image Fusion is Not 'AI' (LLMs Aren't Either)
Such fakes can (and always could) be done by a digital artist, it's just a little more expensive and time-consuming
GNU/Linux at New Highs in Bosnia And Herzegovina
Quite a few Balkan nations show high adoption rates for GNU/Linux
From Scientists to Pigeons: The EPO Has Turned Patent Examination Into a Process Made by Computers and Improperly Trained Staff Which Doesn't Meet the Requirements of the European Patent Convention (EPC)
Might as well abolish this entire system if this is the current trajectory
Razik Menidjel Will No Longer be Chief Operating Officer Operations at the EPO
What does the EPC say about slop and should it be updated to deal with trouble such as slop?
Underpaid and Inexperienced Workers Overwhelm the EPO, Granting Many Invalid Patents and Placing Pressure on Veteran Examiners
So-called "production" (giving monopolies) pressure is "compromising the quality of our products" [sic] according to a new report
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 15, 2024
IRC logs for Sunday, December 15, 2024