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 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. Chairman of the Board of Red Hat Explains He Was Introduced to GNU/Linux When It Helped His Regime Change in Haiti

    General Hugh Shelton, Chairman of the Board of Red Hat, explains (keynote in 2011 Red Hat Summit/JBoss World) that he was introduced to the system as part of a military campaign; it basically helped war, not antiwar



  2. The Faces of 'The Cloud' (Surveillance in Clown Computing/Clothing)

    Consolidation of the world's computers/servers and the stories told by photo ops; we're particularly interested in IBM's relationship with Condé Nast, which owns The New Yorker and Wired



  3. Microsoft is Now in the Technical Advisory Board of the Linux Foundation

    Techrights politely takes note of the growing role (or roles) of Microsoft employees inside the Linux Foundation; there are now at least half a dozen people



  4. Two Things IBM and Microsoft Have in Common: Layoffs and Fake Hype Like 'Clown Computing' and 'Hey Hi' (AI) as Perceived 'Opportunity' for 'Growth'

    The infamous pair of monopolists, Microsoft and IBM, are both suffering during the COVID-19 lock-downs (no matter how hard they try to spin it and/or distract from it)



  5. IBM (Red Hat) Lectured FSF That It Needed More Diversity, But Was It Looking at the Mirror? IBM and Red Hat Are Even Less Diverse.

    Techrights examines Red Hat’s (IBM’s) hypocritical claims about the Free Software Foundation, founded by Richard Stallman back when IBM was the “big scary monopolist”; IBM employees were prominent among those pushing to oust Stallman from the GNU Project, which he founded, as well



  6. IRC Proceedings: Friday, June 05, 2020

    IRC logs for Friday, June 05, 2020



  7. Guix Petition Demographic Data, by Figosdev

    That old anti-RMS letter, which called for his removal (or resignation) from GNU (RMS is the founder of the GNU Project), as characterised by metadata of signatories



  8. When You Realise People Who Don't Support RMS Do Not Really Support GNU, Either

    The (in)famous letter against Richard Stallman (RMS), which was signed by many Red Hat employees with Microsoft (GitHub) accounts, doesn’t look particularly good in light of recent revelations/findings; it increasingly looks like IBM simply wants Microsoft-hosted and “permissively” licensed stuff, just like another project it announced yesterday and another that it promoted yesterday



  9. The Gates Press (GatesGate) -- Part III: What Happens When You Tell the Truth About Bill Gates and the Gates Foundation

    One might not expect this from a so-called 'charity'; the Gates Foundation's critics are often met with unprecedented aggression, threats and retribution, which make one wonder if it's really a charity or a greedy cult of personalities (Bill and Melinda)



  10. Links 6/6/2020: Bifrost Meets GNOME, Wine 5.10 is Out

    Links for the day



  11. Links 5/6/2020: LibreELEC (Leia) 9.2.3, Rust 1.44.0, and Hamburg's Pivot to Free/Libre Software

    Links for the day



  12. This Article About GitHub Takeover Never Appeared (Likely Spiked by Microsoft and Its Friends Inside the Media)

    And later they wonder why people distrust so much of the media (where paying advertisers set the agenda/tone)



  13. Raw: How Microsoft and/or the EPO Killed an Important EPO Story About Their SLAPP Against Techrights and Others

    Spiking a story about spiked stories about corruption



  14. The Linux Foundation 'Bootcamp' -- Badly Timed and Badly Named in June 2020 -- Only Uses Linus Torvalds Like a 'Prop' (for Legitimacy) While Promoting Militarised Monopolies

    Sometimes a picture says a lot more than words, especially in light of political events in the US and a certain Chinese anniversary we cannot name (Microsoft censors mentions of it)



  15. IRC Proceedings: Thursday, June 04, 2020

    IRC logs for Thursday, June 04, 2020



  16. The Gates Press (GatesGate) -- Part II: When Media That You Bribe Calls All Your Critics 'Conspiracy Theorists' (to Keep Them Silenced, Marginalised)

    The assault on the media by Bill Gates is a subject not often explored by the media (maybe because a lot of it is already bribed by him); but we're beginning to gather new and important evidence that explains how critics are muzzled (even fired) and critical pieces spiked, never to see the light of day anywhere



  17. GitHub is Not Sharing But 'Theft' by Microsoft

    Microsoft buying GitHub does not demonstrate that Microsoft loves Open Source (GitHub is not Open Source and may never be) but that it loves monopoly and coercion (what GitHub is all about and why it must be rejected)



  18. The Huge Damage (Except for Patent Lawyers' Bottom Line) Caused by Fake European Patents

    The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits



  19. Red Hat/IBM Got 'Tired' of RMS. Is It Getting 'Tired' of GPL/Copyleft Too?

    After contributing to the cancellation of Richard Stallman (RMS) based on some falsehoods perpetuated in the media we're seeing the sort of thing one might expect from IBM (more so now that it totally controls Fedora and RHEL)



  20. Links 4/6/2020: Proton 5.0-8 Release Candidate, GNU Linux-libre 5.7

    Links for the day



  21. IRC Proceedings: Wednesday, June 03, 2020

    IRC logs for Wednesday, June 03, 2020



  22. Social Engineering of Free Software, Based on Corporate Criteria

    What "professional" nowadays means in the context of coding and honest assessment of technical work



  23. Weakening GNU/Linux by Disempowering Its Leaders and Founders, Replacing Them With Microsoft Employees and GNU/Linux-Hostile Moles

    The coup to remove (or remove power from) Stallman and Torvalds, the GNU and Linux founders respectively, is followed by outsourcing of their work to Microsoft’s newly-acquired monopoly (GitHub) and appointment of Microsoft workers or Microsoft-friendly people, shoehorning them into top roles under the disingenuous guise of "professionalism"



  24. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  25. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  26. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  27. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  28. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  29. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  30. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance


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