Bonum Certa Men Certa

EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

A four-part mini series about EBA referral G 2/19

EPO toons



"The European Patent Office is an executive organisation, it deals especially with patent applicants, as such, its view of the world may be biased. As an executive organisation, its interpretative powers are very limited. The European Patent Convention excludes computer programs, it is outside the EPO's power to change this. The exclusion of computer programs is a political question. [...] The core task of a computer is to process data. So at least the processing of data is not patentable."

--Ante Wessels, FFII



Summary: European patent justice isn't working within the premises of EPOnia; a bunch of 'show trials' may in fact turn out to be just that -- a show

THIS series about the European Patent Office (EPO) comes from someone who prefers to remain anonymous. It is a series by a guest author. This author has a lot of credibility based on a track record of high accuracy.



"EPO Looney Tunes," the author explains, is "a four-part mini-series exploring Battistelli's "difficult legacy" and the Enlarged Board of Appeal referral case G 2/19 which is scheduled for a hearing in the main EPO Isar Building today (Tuesday, 16 July 2019)."

The Enlarged Board of Appeal (EBA) is very important (a decade ago it dealt with questions like software patentability in Europe and I sent it a letter about it). There are similar things in the United States (dealing with 35 U.S.C. €§ 101 at the Office) and elsewhere in Europe, e.g. in EUIPO (previous home of António Campinos). Yesterday the following comment was left in IP Kat: "I note that I am not permitted to post obscene or defamatory comments, or to post ad hominem (or, I presume, ad feminam) attacks on members of the blog team or other posters. Moreover, the IPKat team will moderate my comments before they are published. This seems perfectly reasonable to me. What I do not understand is that the USPTO should be less privileged in this respect than the IPKat. David T. Keeling (former EUIPO Board of Appeal member, rapporteur in the SCREW YOU case, not rapporteur in the FUCKING HELL case)..."

Assuming that's really him, it's funny that he takes note of IP Kat censorship -- a subject we explored/revisited at least twice earlier this month. Notice how IP Kat quit covering the attacks on EBA a couple of years ago (after some people had left the blog and the EPO temporarily blocked the whole blog). EBA has since then complained, publicly even, about its lack of independence. Will any of that change any time soon (under Campinos)? Will the EPO change at all? Yesterday the EPO tweeted: "The EPO's success is based on the expertise of its highly skilled staff."

"The EPO already drove away all the best staff," I responded. "So now it can grant loads of fake patents and underpay the staff."

We also recently noted here that examiners are bound by the decisions (e.g. interpretations of the EPC) of the Boards of Appeal, including EBA. So it's highly crucial that independence gets restored. Without it, quality of patents will continue to suffer if not fall even further. With that in mind, here comes part 1.




Back in March of this year, JUVE reported on a case which had been referred to the Enlarged Board of Appeal, the highest judicial instance at the EPO, in a move which was said to put Battistelli's “difficult legacy” to the test.

The “difficult legacy” referred to here was the banishment of the Boards of Appeal to a new premises in Haar, an independent municipality on the outskirts of Munich.

The question as to whether oral proceedings could lawfully be held in Haar was raised by Aachen patent attorney€ Hans-Dieter Jostarndt, following objections raised by third parties during the granting procedure of EP 2 378 735.

The disputed patent relates to a technology for operating a mobile phone network and it belongs to IPCom, a well-known - some might say “notorious” - patent-holding company or “non-practicing entity”, which is a common euphemism for a patent troll.

One of the leading patent trolls in Germany, IPCom was established by the flamboyant Munich patent attorney, Bernhard Frohwitter, and it lays claim to a portfolio of over 1,200 patents, many of which were acquired from Bosch. It has been active in the business of trying to “shake-down” big telecom companies since 2008 or thereabouts.

In the course of the proceedings in the case of EP 2378 735,€ Jostarndt requested that an oral hearing scheduled for 25 January should be moved to the seat of the EPO in Munich because “Haar is obviously not intended in the EPC as a place for acts and negotiations.”

The Technical Board of Appeal dealing with the case decided to refer the matter to the Enlarged Board of Appeal.

Oral proceedings are scheduled to be held in the main EPO Isar building on Tuesday, 16 July 2019.

The hearing will be public so anybody who is interested can attend.

One of the questions on the agenda is whether an EPO Appeals Board can lawfully hold oral proceedings in Haar “if the appellant objects to this site as not being in conformity with the EPC and requests that the oral proceedings be held in Munich instead?”

Despite the excitement which the case has generated inside the EPO, observers are cautioning that it may all turn out to be a bit of an anti-climax because the question about Haar’s conformity with the EPC is preceded by two other questions which concern the admissibility of the legal action itself.

Should the Enlarged Board decide that the appeal is inadmissible, then it will not need to consider the “Haar question”.

In that case, the issue of Haar’s conformity with the EPC would remain unresolved and would be likely to fester on in the background until it resurfaces in a future proceedings.

While we are waiting for the Enlarged Board to make up its mind on referral G 2/19, it seems like a good time to take a peek behind the scenes and have a closer look at the background and some of the personalities involved in the case.

The next installment will follow shortly…

Recent Techrights' Posts

Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026