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

03.06.19

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

Posted in America, Europe, Patents at 6:19 pm by Dr. Roy Schestowitz

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.

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

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 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  2. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  3. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  4. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  5. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  6. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  7. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  8. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  9. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  10. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  11. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  12. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  13. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  14. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  15. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  16. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  17. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  18. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  19. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  20. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  21. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  22. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  23. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  24. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  25. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  26. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  27. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  28. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  29. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  30. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News


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