06.04.19

Gemini version available ♊︎

EPO Meltdown and Collapse in Patent Quality Don’t Bother Bristows Kat

Posted in Deception, Europe, Patents at 4:02 pm by Dr. Roy Schestowitz

IP Kat gags

Summary: Bristows LLP gains greater influence inside the dead ‘Kat’ (what used to be a source of internal EPO news) and courts continue to throw out invalid European Patents; Funnily enough, there are virtually no publications left in Europe that are willing to touch EPO scandals

TODAY’S EPO remains an autocracy. Just like in China, where the Communist regime cracks down on citizens who state facts and now censors entire news networks which mention Tiananmen (the massacre’s thirtieth anniversary is today) the EPO’s management in Munich is blocking thousands of EPO stories in all of its Offices (even abroad!) to prevent its staff from finding out about the EPO’s crimes. Techrights has been blocked for almost 5 years now. António Campinos has not lifted the ban; the USPTO would not do anything like it because of the First Amendment, but here in Europe autocratic censorship is apparently alive and well (even thriving). Years ago the EPO even banned IP Kat quite briefly; a day later the ban was lifted and IP Kat stopped mentioning the EPO’s misconduct, abuses and so on. Team UPC (CIPA) then joined leadership positions in IP Kat and later took photo ops with Battistelli. Amazing how fast things can change when the EPO heralds sanctions (like outright ban of an entire blog with about 20,000 stories).

Well, lost in puff pieces such as these (from this week) are actual court cases, which almost nobody in the media pays attention to (because it’s considered uninteresting unless there’s some “famous” brand like Apple). The European Inventor Award 2019 ‘festival’ will take place around the same time Campinos and the EPO’s Council hand over 40,000,000 euros to Third Reich goons. Remember that the EPO is likely going on strike at around that very same time. SUEPO is absolutely right (if not too late) calling for a strike. Things will get worse a lot faster unless there’s strong resistance and effective action. Patent quality has already collapsed and the longer it goes on for, the higher the proportion of bogus European Patents.

Looking at IP Kat today, mind what was mentioned by Jonathan Pratt, who wrote: “EPLaw has a summary of the NL case between Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V at the court of Appeal in The Hague. There is also a look at the Opinion in TATA STEEL IJMUIDEN V. ARCELORMITTAL before the Dutch Supreme Court.”

It links to this. A Dutch court opines that another key European Patent may be rubbish, as usual, according to this patent maximalists’ blog:

MSS holds EP 2 780 515 entitled ‘Mobile sanitary unit for accommodating at least three sanitary facilities’. The Court of Appeal like the Judge in first instance rules that here is a serious, non negligible chance that the Patent will be invalidated in proceedings on the merits. Therefore, MSS can not enforce its Patent against TWT.

It’s the Court of Appeal based in The Hague that’s cited above. Bart van Wezenbeek at Kluwer Patent Blog has also just mentioned the Court of Appeal of The Hague (NL), citing a decision from March 26th 2019. “The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure.”

That doesn’t sound good, does it? It’s no secret that European Patents are nowadays of low if not rubbish quality. More so the recent ones. And not too long ago this press release was published to state that the “EPO Revokes Regenlab PRP Patent”. It resurfaced today:

The UK Patents Court denied Regenlab permission to appeal the patent revocation judgement and ordered Regenlab to pay extensive legal expenses to Estar Medical. Regenlab, however, asked the court to defer the payment because it has “severely restricted…liquid funds available” and, “the amount of disposable cash Regen can access is limited.” Regen asserted that if it is “not allowed sufficient time to secure the necessary funds…it is likely that it will be in default of any Order to make the interim payment,” which “could have a ‘domino effect’ on the viability of the business” which “would impact on Regen’s business in a way that would be difficult to quantify financially but is likely to be substantial and would take significant time for Regen to recover its position.”

How much did that cost to correct? Certainly a lot of money. Lawyers must have enjoyed that! They lobby for software patents in Europe, as well as patents on life. Here’s what the EPO has just tweeted: “The number of European patent applications related to autonomous driving has grown 20 times faster than that across all technologies in recent years.”

“You make up buzzwords,” I told them, “and then claim massive growth in the buzzwords.”

The sad thing is that many people out there in the patent microcosm are absolutely fine with what the EPO is doing. We find it astounding that anyone would pay Bristows LLP for legal advice. They’re liars, not lawyers; just as we expected (and predicted earlier today), only hours later IP Kat (now with fewer writers) pushed Bristows nonsense from Annsley Merelle Ward, their employee. This reaffirms the view that the anonymous writer at Kluwer Patent Blog was Bristows in disguise. Is IP Kat (the blog) a Team UPC blog, just like Kluwer Patent Blog? Notice how on the very same day, just an hour apart, she posted for her colleagues, Alex Calver (Bristows). Is IP Kat partly owned by Bristows now? Has this “Kat” become just another Bristows ‘front’? Annsley Merelle Ward is like a coordinator for their lobbying there, publishing stuff for her colleagues (always promoting the litigation agenda of the firm).

Notice how there’s not a single word about strikes and EPO scandals. Nothing!!! The ‘Kat’ is dead; to make matters worse, it often feels complicit with EPO management. It actually deleted blog comments that mention Campinos. It’s like a gatekeeper.

Earlier today Rose Hughes published another puff piece or fluff about an EPO ‘internal’ decision (where the judges have absolutely no autonomy or independence, having been thrown into a rented building in Haar). To quote:

A recent EPO board of appeal (BA) decision T 1218/14 applied the criteria for the allowability of amendments relating to undisclosed disclaimers. The BA provided some interesting commentary on the definition of “accidental anticipation” as a criteria for when an undisclosed disclaimer may be allowed.

A disclaimer is a claim amendment that introduces a negative technical feature. Disclaimers are a special case in which subject matter not disclosed in the application as filed may be introduced into a claim without contravening the EPO’s strict added matter requirements (Article 123(2) EPC). The allowability of disclaimers in patent claims has a controversial history at the EPO. The Enlarged Board of Appeal (EBA) has considered the issue a number of times. G 1/03 and G 1/16 established that an undisclosed disclaimer may be introduced into the claims to restore novelty in view of an accidental anticipation. An accidental anticipation is anticipation of a claim by something completely unrelated to the invention in question. As recently confirmed in T 1218/14, the threshold for what constitutes an “accidental anticipation” is a high one.

Notice how IP Kat wrote not a single negative post about the EPO since Campinos came. Today it resumed its UPC advocacy, which more or less ceased for a while. The “Kat” was censoring my comments too (when I last tried to leave some). Is Europe becoming like China? Where nobody dares speak of high-level corruption?

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Gemini Gone Mainstream: German Media Now in Geminispace

    With the likes of TAZ embracing Geminispace/Gemini Protocol we seem to have reached some sort of inflection point; taz.de did in fact add official presence to Geminispace



  2. Links 28/1/2022: LSFMM 2022 and 2021 UI Study Results From Elementary's Distro

    Links for the day



  3. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  4. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  5. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  6. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  7. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  8. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  9. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  10. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  11. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  12. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  13. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  14. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  15. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  16. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  17. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  18. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  19. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  20. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  21. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  22. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  23. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  24. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  25. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  26. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  27. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  28. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  29. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  30. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."


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