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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2019/03/06/albert-keyack-kilburn-strode/

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. IRC Proceedings: Friday, February 26, 2021

    IRC logs for Friday, February 26, 2021



  2. Links 26/2/2021: Wine 6.3, Genode OS Framework 21.02

    Links for the day



  3. Links 26/2/2021: GNU Poke 1.0 is Out and Rocky Linux Leaves Microsoft GitHub

    Links for the day



  4. Microsoft's Status in Web Servers is So Bad That It Has Fallen Off Charts, is Now Partly Delisted

    In several categories or criteria Microsoft is no longer even listed by Netcraft; the share has become rather minuscule during the pandemic, which convinced more companies to explore expense-cutting moves



  5. We Take Away Your Freedom for Your Own Safety...

    People are herded like cattle and protest/dissent will be demonised as part of the new norm; what will be the cost of the pandemic and will resistance to the status quo ever be permitted to resume?



  6. EPO President Pushes Illegal Software Patents in South America (Over the Telephone With a Misleading New Puff Piece)

    The EPO's "news" section has become worse than a form of distraction (from the EPO's internal rot); it celebrates illegal and unlawful practices, spreading them to other continents



  7. The Free Software Foundation Warns Against Using Twitter

    Richard Stallman said Twitter was OK because it was possible to use it without proprietary software; that's no longer the case, so the Free Software Foundation (FSF) speaks out against it. It speaks about it more than 3 months after the problem became a known one and also an irreversible one (maybe Twitter would have reversed the decision if the media or the FSF actually spoke about it early enough).



  8. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021



  9. Stéphane Bortzmeyer Explains Gemini Protocol (February 2021)

    A recent talk from Stéphane Bortzmeyer about Gemini and what it is for (or why)



  10. Links 26/2/2021: Istio 1.7.8 Announced, Blender 2.92, Firebird 3.0 Language Reference, FSF Against Twitter

    Links for the day



  11. Special Thanks to Mogz

    Credit where it's due to Mogz



  12. Modifying WordPress to Include Gemini Links in All Articles (Assuming a Canonical URL Form)

    In order to promote the departure from the World Wide Web (where possible and suitable; sites with text don't typically need Web-like features) one can promote the analogous pages in one's Gemini capsule; we suggest a way of doing so in WordPress (the most widely used CMS)



  13. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  14. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  15. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  16. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  17. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  18. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  19. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  20. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  21. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  22. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  23. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  24. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  25. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  26. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage



  27. Links 23/2/2021: Tails 4.16, Libinput 1.17, Fwupd 1.5.7, Firefox 86, NeoChat 1.1

    Links for the day



  28. The Word Master is Not Problematic in Most Contexts and Its Origin Hasn't a Connection to Slavery

    Slavery is to the word "master" mostly disconnected; it might, however, be closely connected in the minds of racists or the agenda of highly racist corporations (profiting from racism) that look for ways to distract from their racism



  29. On Misapplication, Misuse, Overuse and Abuse of Words (to Suit False Narratives)

    It is looking like the word "abuse" has been extended to basically mean all sorts of things including the act of actually exposing real abuse



  30. The Administrative Council Needs to Fix the EPO While It's Still Possible

    EPO staff and former staff (pensioners) aren't happy and the it's the responsibility of the Administrative Council to do something before it's too late (the reputation of the Office is already severely harmed and it's unable/unwilling to recruit suitable and qualified people, both as examiners and managers, respectively)


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