04.27.19

The ‘Technical Effect’ of Attacking the Independence of Judges at the Boards of Appeal and Ignoring/Breaking the Law

Posted in America, Europe, Law, Microsoft, Patents, RAND at 8:28 am by Dr. Roy Schestowitz

Technically Boards of Appeal are still controlled by the EPO’s President (whose positions they’re supposed to scrutinise and sometimes oppose)

António Campinos fair trial

Summary: Europe continues to be threatened by the lawless EPO, which is promoting software patents, FRAND patent trolls, UPC and even more toxic things; judges and the rule of law do not seem to matter anymore (they’re being intentionally discarded because they stand in the way of law firms’ profits and EPO revenue)

Lawlessness is alive and well — even thriving — at the European Patent Office (EPO). How can one expect António Campinos to respect and obey the law when he cannot even discipline/educate/convince his own son that laws are to be obeyed? He himself is showing blatant exhibition of gross nepotism within just months at the Office and likely violations of EU law since his EUIPO days where appointments appear to be sold. It’s all rigged. Laws don’t seem to matter to these people. Campinos ignores the law with more tact (or more smiles). He’s a storyteller. All he can do is lean on his father's name — a person who was apparently not likable except by those at the top. It’s a good decoy. Effective marketing.

“Campinos ignores the law with more tact (or more smiles).”This latest comment at IP Kat discusses how the EPO is still breaking the law or violating the EPC by punishing all judges with an exile to Haar (which is technically not Munich at all):

Yes, I understand that “Landkreis München” does not itself include the city of Munich. Perhaps my question was unclear. What I mean is: why can the meaning of the word “Munich” in the EPC not simply be interpreted to mean “a location which is EITHER in the city of Munich OR in Landkreis München”? i.e. that “Munich”, for the purposes of the EPC, means the combination of the city Munich *and* the Landkreis which shares its name? This way, it is possible to interpret “Munich” for the purposes of the EPC as being broader than the city itself, while still having a well-defined geographical scope.

To draw a comparison (which is, admittedly, imperfect): imagine that the EPC instead said “London”. A narrow interpretation might be that this should mean “the City of London”. A broader interpretation might be that this should mean “anywhere within the 32 London Boroughs” – but (like Landkreis München vis-a-vis the city of Munich) the London Boroughs do not include the City of London. The holistic view would, perhaps, instead be to take the view that “London” means “the City of London or any of the 32 London Boroughs”.

Curiously enough, on the same day Samuel Adams wrote about the EPO illegally attacking the independence of all judges by sending them to exile. To quote Kluwer Patent Blog, a site of patent maximalists:

Not too long ago we learned of a referral question from Technical Board of Appeal 3.5.03 regarding the legal basis for holding oral proceedings before the Boards of Appeal in Haar rather than in Munich.

While it does not directly relate to the legal question in the referral, a relevant consideration was recently published in CA/5/19, which relates to an additional lease for further staff, conference rooms and common areas for the EPO in Haar. The document notes that the building in Haar has been leased for a period of 15 years. In CA/82/16, the total budgetary impact of the lease in Haar, including building adaptation costs, was provided as EUR 40.7 million. The further costs laid out in CA/5/19 for an additional lease contract are EUR 4.8 million, for a total of EUR 45.5 million.

The above was filed under “Traveling Circus” (no kidding!), so we suppose that at this point even Kluwer Patent Blog perceives the EPO to be somewhat of a circus. What a tragedy.

Crossing over to IP Kat, which is still heavily occupied by Team UPC (sometimes more so than Kluwer Patent Blog), over the past few days we saw a lot of coverage there about Fordham IP (at least 7 parts so far). Bristows did many posts about it for IP Kat (Annsley Merelle Ward as the author); it’s an event that is typically funded by Microsoft (more so than anyone else) and Bristows flatters this sponsor, as we noted in past years.

Included in this event, as usual, is the software patents lobby (in which Microsoft plays a considerable role), soon to be promoted or amplified by patent extremists like Bristows or Managing IP, which wrote: “Former Federal Circuit chief judge Paul Michel “bet on both horses”, referring to possible fixes for Section 101 in court and in Congress, during a discussion yesterday at the Fordham IP Conference in New York…”

This is also mentioned in [1, 2] and it’s the typical choir of patent maximalists, the ‘usual suspects’ such as Iancu, Michel and sometimes a USPTO Director turned lobbyist, Mr. Kappos.

In her later parts Annsley Merelle Ward published FRAND advocacy by Richard Vary (Bird & Bird). Bristows has long lobbied for FRAND, usually in IP Kat, as Bristows profits from this agenda. As recently as yesterday, in an article by Amy Sandys of JUVE, we learn of “global licensing company” TQ Delta (euphemism for patent troll or PAE) seeking patent embargoes in the UK. Using patents granted by EPO and the FRAND agenda they try to block companies that actually make something (unlike TQ Delta) from doing business.

Speaking of Bird & Bird and Briwstows, the latest part in this series concerns software patents (covering algorithms) framed as “AI”. Here’s where the EPO stands on on this issue in spite of European law:

Katherine Stephens (Bird & Bird) then talked about the “patentability of artificial intelligence and machine learning”, specifically focusing on the recently updated EPO Guidelines for Examination. According to Katherine, the EPO’s new Guidelines are not a green light for patenting AI, but they are a first step in setting out the rules for a proper balancing exercise. An interesting issue raised in her presentation was whether inventive step and sufficiency thresholds can be expected to change with the rise of AI, assuming that the skilled person should be presumed to have access to AI systems. “Will inventive step be raised so high that nothing will be considered inventive in the eyes of the law, even if it was inventive or surprising to human?”

These are all bogus patents on algorithms, but nowadays the EPO just fakes ‘gains’ by granting patents courts would reject (if they were assessed there, i.e. if there was a lawsuit and a lengthy, expensive challenge to it). Team UPC (Bird & Bird, Bristows etc.) was hoping to effectively abolish or bypass such courts using the UPC, but it didn’t work. As FFII’s Benjamin Henrion put it yesterday in a press release: [via]

Today is World Intellectual Parasites Day, the day where patent trolls rejoice over sucking more blood out of software companies. Patent parasites rejoice over the creation of the european Unitary Patent Court (UPC), which will create an undemocratic monster fully captured by the parasite industry. Patent parasites are also pushing for a rewrite of the laws in the United States, in order to restore software patents, and continue to suck more blood out the software industry.

That’s a satirical slant on World Intellectual Property [sic] Day — a subject we’d rather not covered as we did so in prior years. The EPO kept promoting this propaganda many times yesterday, even retweeting the EUIPO in the process.

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

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. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations



  2. InteLeaks – Part XXI: Intel Seeking Advice From a Bunch of Clowns (Harbor 'Research')

    A firm called Harbor 'Research' is making dubious recommendations to Intel; as shown in the above video, there's also an obsession with buzzwords (typically suggestive of a lack of technical grasp/understanding)



  3. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  4. The US Election Was Not Rigged, But the Nomination Process Was (Undermined to Maintain Control by Oligarchy)

    Cheating/driving the left out of the Democratic Party seems like a longstanding tradition and we know who stands to gain from it; moreover, problems remain in the voting process because it's controlled by secret code of companies like Microsoft (in spite of the openwashing)



  5. InteLeaks – Part XX: Redacted (for Names Only) Release of Intel File About Developer eXperience (DX) Meddling in GNU/Linux

    Today (or tonight) we release the first 'phase' of InteLeaks in a sensibly redacted form; coming up next is a surprise from Team Microsoft



  6. Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

    It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that’s hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)



  7. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)



  8. Links 18/1/2021: GNU Radio 3.9, Wikipedia at 20

    Links for the day



  9. InteLeaks – Part XIX: Intel's Web 'Experts' Seen as Microsoft Champions Dealing With the Platform Microsoft is Looking to Destroy

    Things aren't rosy at Intel because the hires aren't suitable for the job of documenting and/or presenting GNU/Linux-centric products (whose target audience is Free software developers)



  10. Adding Images as Characters to the Daily Bulletins of Techrights

    Our daily bulletins now have inside them coarse graphics, depicted using characters alone, and the tool used to generate them announced a new release earlier today; we showcase some of its features (in a new video)



  11. Links 18/1/2021: Weekly Summaries and Linux 5.11 RC4

    Links for the day



  12. IRC Proceedings: Sunday, January 17, 2021

    IRC logs for Sunday, January 17, 2021



  13. The Oligarchs' Parties Will Never Choose the Side of Software Freedom Because Free Software Cannot Bribe Officials

    The tough reality is that next week's (or this coming week's, depending on what Sunday counts as) inauguration ceremony is partly symbolic as all the same and important issues remain largely untouched, for corporations control almost everything of significance



  14. COVID-19 Has Actually Helped Software Freedom Due to Financial and 'Spare Time' Factors

    Developers and users are increasingly exploring what the Free software world has to offer; this is actually measurable and it contradicts claims to the contrary



  15. Future Plans and Using Videos to Complement Text

    Remarks on recent and impending site changes; We are not replacing text with video, we're just trying to enhance the presentation a bit, especially where visuals help make a point or where browsing through Web sites (or leaks) is more suitable than static, linear presentation



  16. InteLeaks – Part XVIII: Intel Does Not Know How to Properly Do Research and It Seems Apparent Unscientific Methods Are Used to Justify Poor Documentation

    There appears to be a severe crisis at Intel; they cannot recruit scientists (or those whom they recruited are walking away) and as a result the company produces bad products with poor documentation (or highly defective chipsets that top-notch marketing cannot compensate for); in this video we walk through some examples of how studies are being conducted (as already noted in Part XVII)



  17. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part III: The Free Software Foundation (FSF) Seems More Like a Victim of Destabilisation Campaigns

    The Free Software Foundation (FSF), which turns 36 later this year, is looking to raise money that helps support the GNU Project, soon 38 years old and likely the most important Free software project to exist (ever)



  18. Links 17/1/2021: EasyOS on Raspberry Pi and GNU libsigsegv 2.13

    Links for the day



  19. InteLeaks – Part XVII: The High Cost of Microsoft Windows Users in GNU/Linux Development Teams

    A look inside Intel explains what holds back the technical team, which bemoans the lesser technical people getting in the way and not even using the product that they are writing about



  20. IRC Proceedings: Saturday, January 16, 2021

    IRC logs for Saturday, January 16, 2021



  21. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part II: Why Bradley Kuhn Left the Free Software Foundation (FSF)

    The founder of the FSF is still at the FSF (albeit not publicly) and the person who lobbied to oust him has basically been 'banished' by the founder



  22. Links 16/1/2021: LibreOffice 7.1 Release Candidate, Zeroshell 3.9.5, FreeBSD Report, and GhostBSD 21.01.15

    Links for the day



  23. Free Speech on the Web Not Respected by Companies That Used to Support Software Freedom

    Mozilla does not have to make its Web browser about politics; it can just make an excellent piece of software that is neutral about the Web pages that it renders, based on the user's personal preferences



  24. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part I: We Are Under Attack by Corporations and Their Salaried Facilitators

    The corporate takeover (taking over the Commons, produced by volunteers who are motivated by altruism) is a subject we must speak about and somehow tackle; this series will highlight uncomfortable or difficult truths



  25. InteLeaks – Part XVI: Intel Cannot Do Command Line, Even When It's Vastly Simpler and More Suitable for Development

    The Developer eXperience (DX) team at Intel seems to be full of Microsoft drones instead of developers and/or mildly technical people; this has not only harmed the quality of documentation but also upset staff, alienating people who actually understand what developers need (more than buzzwords like "DX")



  26. IRC Proceedings: Friday, January 15, 2021

    IRC logs for Friday, January 15, 2021



  27. Links 15/1/2021: KaOS 2021.01, Whisker Menu 2.5.2, Istio 1.8.2

    Links for the day



  28. InteLeaks – Part XV: Intel is Blind to Blind and Colour-Blind People

    Intel does not seem to grasp very basic concepts associated with accessibility; nevertheless, Intel shamelessly tries painting itself as "woke" and a "justice warrior" (policing speech while overlooking much-needed practical work)



  29. Links 15/1/2021: GStreamer 1.18.3 and Proton 5.13-5

    Links for the day



  30. IRC Proceedings: Thursday, January 14, 2021

    IRC logs for Thursday, January 14, 2021


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