Bonum Certa Men Certa

Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

Keep out, journalists...

Orange cone



Summary: The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout

NOT a single patent blog is writing about G 2/19 at the moment. Nothing. We've checked. We're not surprised, either.



It's like media access is being obstructed (it isn't, as we clarified earlier this week and I've urged some local bloggers to attend) or media is instructed not to deal with it anymore. IP Kat was sanctioned by the European Patent Office (EPO) after it had covered the attacks by Battistelli (and now António Campinos) on judges. How can these judges stop European software patents later this year? They cannot. We don't expect a 'European Alice' or 35 U.S.C. €§ 101.

"Will EPO bring patents on life and nature to the UK as well?"A new comment from IP Kat (posted in the blog by Kant) said: "Apparently, Haar is indeed in Munich." So says a rigged panel? We shall see. We are going to publish the final part of our series in a moment (see Part 1, Part 2 and Part 3).

It is meanwhile being reported that the UKIPO is cooperating with the EPO. Is this the effect of Rowan? Recall "Stephen Rowan: From UK-IPO to Operation Coverup of Team António Campinos" (published recently).

Ben Wodecki (IPPro Magazine) wrote: "The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018."

The 'Rowan effect'? Will EPO bring patents on life and nature to the UK as well?

To quote Wodecki:

The European Patent Office (EPO) has agreed to conduct some biotechnology patent searches for the UK Intellectual Property Office (UKIPO) to help tackle its large backlog of applications.

UKIPO said it has recruited and trained patent examiners in this area, but “remain[s] unable to deliver the timeliness that we want for our customers, particularly in relation to searches”.

The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018.


IP Kat is meanwhile reporting on Richard Arnold's promotion in "Mr Justice Arnold to become Lord Justice Arnold: congratulations!"

"...external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part of our series is about it and will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes."So British courts will soon have a connection to the EPO as well. Wodecki (IPPro Magazine) noted: "In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO)..."

As we shall show in our next post, external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part our series about it will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes.

From Wodecki's article:

Her Majesty Queen Elizabeth II has approved the appointment of judge Richard Arnold to the UK Court of Appeals. Arnold served as a High Court of Justice judge in the Chancery Division from 2008 and was appointed to be judge in charge of the Patents Court in April 2013.

In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO).

During the high profile patent dispute between Warner-Lambert and Mylan/Actavis, it was justice Arnold’s rejection of Warner-Lambert’s arguments on the basis of lack of an inventive step that the Court of Appeal’s ruled as correct.


Going back to IP Kat, earlier this week Rose Hughes write about a Board of Appeal decision, but still said not a word about the more important Haar case that started yesterday and had a seemingly stacked panel of judges to render the case inadmissible. Hughes wrote about T 0439/17 instead:

In T 0439/17 (published online 1 July 2019), the Board of Appeal of the EPO considered the circumstances under which a third party may intervene in an opposition. In general, a third party may intervene in opposition proceedings, after the opposition period has expired, if infringement proceedings relating to the patent have been started against the third party (Article 105(1)(a) EPC). The meaning of "infringement proceedings" under this provision has presented some difficulties, given the diversity of potential "patent infringement" related court proceedings (civil and criminal) throughout EPC member states.

[...]

KCC also argued that the admissibility of the accession need not necessarily be assessed at the precise time of the submission. Other subsequent events (e.g. the bringing of an infringement action), should also be taken into account. KCC pointed to Rule 89 EPC as providing the possibility for ex tunc assessment, in particular the wording "the [statement to initiate proceedings] is only deemed to have been made when the [fee] prescribed has been paid". The Board also dismissed this argument (r. 13). The Board commented that the wording used in Rule 89 EPC was used throughout the EPC and was not considered to have a retroactive legal effect. The appeal was dismissed.

T 0439/17 therefore confirms that pre-infringement evidence procurement procedures in national courts are not considered sufficient to allow a third party to intervene in opposition proceedings. The Boards of Appeal maintain that the intervention under Article 105(1)(a) EPC is to be considered "a procedurally exceptional situation, which is justified only by a substantial legitimate interest of the assumed infringer to enter the opposition proceedings" (T 1713/11, r.2.2). The BA thus seeks to prevent the definition of "infringement proceedings" in Article 105(1)(a) EPC from being elaborated to encompass national procedures beyond an infringement action per se. The onus is thus on potential infringers wishing to avoid lengthy and expensive national revocation proceedings to pay close attention to newly granted European patents, such that they can file timely oppositions of their own. The BA stresses that there can be no benefit of hindsight.


T 0439/17 and every other decision very much depend on G 2/19, which questions the legitimacy of all decisions issued in recent years, just like one single ILO-AT judgment rendered perhaps hundreds of others 'invalid' (Battistelli ignored that anyway).

We don't suppose the EPO will say anything at all about G 2/19; it hasn't mentioned it for a long time (probably months) and yesterday it wrote: "The EPO’s #SocialReport2018 is out! Our multinational staff, based in 4 amazing cities is what makes the EPO such a success story! Read all the facts and figures here: http://bit.ly/2Sgn3Hw pic.twitter.com/p2aoSf8mui"

As we explained before, the EPO bombarded with puff pieces the very moment G 2/19 started, painting itself with "ethics" and "peace". These puff pieces were perfectly timed to distract... or to divert attention away from the violation of the EPC (and stacked panel chosen to thwart justice). It is abundantly clear that the location of the judges is outside the EPC's geographical scope:

Haar



The EPO's PR people keep dictating to European media what to do/say about the EPO (or avoid covering). Not too hard a task when there's so much bribery money at their disposal and they indeed use it all the time to bribe publishers in creative, "innovative" ways...

The UPC Preparatory Committee and Alan Johnson (Bristows LLP) are once again desperately trying (yes, again!) to create an illusion of UPC 'progress' as they recently admitted to FT (they admitted they try to create a false impression). How can they justify advertising false job ads almost 4 years ago? For jobs that will never exist...

"For the 2016 applicants," Johnson wrote, "the Preparatory Committee stated in a Press Release of 19 December 2018 that ‘Those that have applied for judicial positions in the Unified Patent Court are being contacted separately’ to enable applications to updated or withdrawn, as necessary."

Put that on bus, Johnson! What liars and charlatans. As we've said many times over the years, how is it not an offense to publish false/fake job ads?

Recent Techrights' Posts

SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day