Bonum Certa Men Certa

Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

Giving the "red card" to judges with "unfavourable" (to the Office) opinions?

EPO red card



Summary: Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)

NEARLY nine months have passed since António Campinos took charge; he has birthed no fixes, no reforms, nothing. SUEPO already compares him to Battistelli, who gave him this job. Battistelli himself probably belongs in prison, but the way the justice system works in France, it can take up to a decade for things to move (see Nicolas Paul Stéphane Sárközy de Nagy-Bocsa, a close ally of Battistelli).

Campinos TurkeyCorrupt European Patent Office (EPO) officials, in violation -- a gross violation too we must stress -- of Office rules and its very constitution, the EPC, attacked a judge and then sent all of his colleagues away (to exile in Haar). Even patent maximalists are unable to ignore that. This was covered by Dr. Bausch earlier this month and now comes this article titled "Is The Location Of The Boards Of Appeal In Haar Contrary To The EPC?" (almost a rhetorical question)

What can the case entail when judges are not independent? It is a cyclical problem.

To quote:

The facts of this case are rather unusual, in that the appeal in question was filed by a "third party" against a decision to grant a European patent. The appellant sought to argue that its appeal was admissible on the basis that (a) the patent was granted despite clarity objections raised in third party observations during pre-grant examination, (b) clarity is not available as a ground of post-grant opposition, and so (c) the only available remedy for the third party was to appeal against the decision to grant.

The Board of Appeal summoned the appellant to oral proceedings in Haar (where the Boards of Appeal are located). In response, the appellant requested that the oral proceedings were relocated to Munich, on the basis that Haar is not specified in the EPC as a location of the EPO. The Board of Appeal then cancelled the hearing and referred the above questions to the Enlarged Board of Appeal. Specifically, the Board of Appeal considered that input from the Enlarged Board of Appeal was needed concerning the right to oral proceedings in the case of prima facie inadmissible appeals (question 1) and whether the appeal was in fact prima facie inadmissible (question 2). If the answer to either of questions 1 and 2 is no, the Enlarged Board of Appeal will then consider whether Munich encompasses Haar.

Question 3 is perhaps of more general interest than the questions 1 and 2. Article 6(2) EPC states that "The European Patent Office shall be located in Munich. It shall have a branch at the Hague." The Protocol on Centralisation provides for a sub-office in Berlin. The Boards of Appeal moved from a central Munich location to Haar (which is suburb of Munich) in 2017. If Haar is not considered to be in Munich, then the current location of the Boards of Appeal could be found to be contrary to the EPC.

The Boards of Appeal's move to Haar was not universally popular, and indeed it happened against a backdrop of tension between the then-President of the EPO and Boards of Appeal. It will therefore be interesting to see how the Enlarged Board of Appeal responds to question 3 (assuming it answers "no" to one of questions 1 and 2). Of course, the Enlarged Board of Appeal will be able to avoid answering question 3 if it answers yes to both questions 1 and 2.


The U.S. Patent and Trademark Office (USPTO) has moved in a similar direction; the Chief Judge of the Patent Trial and Appeal Board (PTAB) was moved to another (less important) position and inter partes reviews (IPRs) are under attack from the Office, not the courts (the Federal Circuit and SCOTUS fully support IPRs and 35 U.S.C. €§ 101). Josh Landau of CCIA has just explained the importance of a CAFC case about PTAB and the Trump-appointed Iancu at the USPTO (who dislikes patent quality) as follows:

Today, the Federal Circuit will hear oral argument in the BTG v. Amneal Pharmaceuticals case. In addition to standard disputes over whether the patent-in-suit was obvious and whether it was infringed, this case presents a novel issue regarding estoppel for IPR petitioners.

Essentially, the question is whether a petitioner who successfully challenges a claim at the PTAB is barred from arguing invalidity of that claim in district court. BTG—and the USPTO, in an amicus brief—argues that if you win at the USPTO, you thereby have to lose at district court, at least until all rehearings and appeals are exhausted.

Appeals are a process that can take years—years during which you might be barred from putting your product on the market, even though the USPTO already said that there was no valid patent blocking your path.


We duly note that Watchtroll published a couple of anti-PTAB posts last night, along with "Don’t Give Up: Section 101 Allowances Are Up at USPTO" (so writes the new editor of Watchtroll and the term "don't give up" gives away who she really lobbies for). There's this new response to a subcommittee that calls itself "Intellectual Property" [sic], but staying focused on Europe at the moment, let's just say that there's a growing parallel here because the Office generally ignores court cases, insists on granting patents that it knows court would reject, and generally adopts a justice-hostile atmosphere focused on patent maximalism. The methods are similar too. In our daily links we've included news about new PTAB leadership.

Bearing in mind that software patents are not allowed in Europe, the EPO and USPTO both render "AI" the "open Sesame!" for patents on algorithms. The EPO has in fact just formalised yet another open door for applications that really ought to be rejected outright. Call databases or linked lists "blockchain" and voila! Patent granted.

"EPO publishes blockchain conference report," said yesterday's headline (warning: epo.org link), having composed a report on a software patents advocacy event it organised along with patent trolls from another continent. Here they go again:

As a follow-up to its "Patenting Blockchain" conference, the European Patent Office (EPO) has published a conference report entitled "Talking about a new revolution: blockchain" to provide insight into the impact of this technology on the patent system. Held at the EPO in The Hague in December last year - the conference was the first event organised by an IP5 office on this topic.


Notice the mention of IP5, which includes USPTO.

We have meanwhile also found KIPA serving toxic agenda, having just hired a man whose "main technical expertise lies in signal processing and software patents..."

He comes from France:

Prior to joining SFK, Burö worked in Volvo’s patent department and was responsible for IP at Renault Trucks in Lyon and creating an IP function in the US.


Will he help call software patents "SDV" or similar? How about "AI"? There's no software anymore; it's all just "AI" nowadays. For patenting purposes, overcoming the bans for the most part, this is what they call everything with if-else statements. Published this week was this article titled "Keys To Successful AI Patents In The US And Europe," which in turn cites WIPO:

On Jan. 31, 2019, the World Intellectual Property Organization, released its first publication in a series of “Technology Trends” studies.[1] This study concerned inventions based on artificial intelligence. Unsurprisingly, WIPO found...


This WIPO agenda was covered here before. Should WIPO or courts be in charge of policy? WIPO is about as rogue as the EPO.

Also see this new article titled "Turkey's national strategy on AI: Where to next?"

"Campinos passively it not actively perpetuates injustice."Citing WIPO's propaganda on "AI", it mentions patents. Imagine making a country's strategy a mere buzzword like "AI" in relation to patents. From the article: "It is said that China is ahead of other countries when including in AI in their national strategy. AI as an agenda topic of international institutions reveals objective data as far as possible to the question "Which country is leading the AI sector?" A key report that the U.N.'s World Intellectual Property Organization (WIPO) published helps keep a finger on the pulse of the world in terms of country, company and sector categories."

Shouldn't the Boards of Appeal put an end to this whole "AI" nonsense? Can they? As it stands at the moment, by their very own admission, they still lack independence. 9 months later Campinos did absolutely nothing about it. Campinos passively it not actively perpetuates injustice. ⬆

Recent Techrights' Posts

European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
 
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026