Bonum Certa Men Certa

Greenwashing to Distract From the EPO Breaking the Law, Rigging Justice and Its Own Courts

EPO toons



Summary: The so-called 'Haar case' ends as expected; the EPO won't even deal with the question of legality, instead throwing it aside as "inadmissible" while bombarding the media with puff pieces about being "ethical", "social" and now "green"

THE European Patent Office (EPO) has had plenty to distract from recently, notably the way it was appointing judges for an outcome which can cover up EPO abuses (the Haar case or the Haar question). What good are courts that are controlled by the Office and afraid from the Campinos/Battistelli cabal? The USPTO has similar issues in the Patent Trial and Appeal Board (PTAB), which is being abused by the Director of the Office. In Europe this has led to cementing of software patents in defiance of the EPC.



The EPO has not said a word about the case for months. Earlier today it announced that "EPO publishes latest Environmental Report 2018" (warning: epo.org link); The latest bout of greenwashing from a crooked organisation? Last week it pretended it was about "ethics" and "social"? Both on the same date the Haar case began. How much EPO money is being thrown at this propaganda? Accompanied by artwork, today the EPO tweeted: "The EPO’s 2018 Environmental Report is out! For insights into the EPO’s environmental impact and its commitment to achieving new levels of sustainability, take a look here..."

But this isn't really the news; the real news is that the EPO continues to violate the most fundamental law, the EPC, after judges in the Haar case sort of threw out the case (as we expected). An article by J A Kemp explained:

The oral proceedings before the Enlarged Board of Appeal concluded on 16 July 2019, and at the end of the oral proceedings the Enlarged Board announced its final decision. Specifically, the Enlarged Board rejected the first referred question as inadmissible, while the second and third referred questions were reformulated and answered as follows (our English translation, with the language in the EPO Communication having been provided only in German)...

[...]

The reasoning of the Enlarged Board of Appeal is not yet available. This will be provided in due course in the written decision. However, the Enlarged Board may have felt it appropriate to announce its final decision immediately (which does not normally happen), in order to allay any concern there may have been about the possibility of a sudden need for the Boards of Appeal to move back to central Munich. Thus, for the time being at least, it seems the Boards of Appeal will be staying put in Haar.


So basically there's no ruling; they refuse to even examine the question. How convenient...

What we now know for sure is that justice cannot exist and may never prevail inside the EPO. These people who have judge-level jobs are basically like butlers of Campinos; they're there to serve patent maximalism or lose their job (appointment ending without renewal). This is a serious crisis. It means that many invalid patents will persist without challenge, irrespective of underlying laws. The Science Board's Samantha Black wrote about patents on life this week; "The CRISPR fight continues after nearly a decade," states the headline and it's about the elaborate ploy to patent life itself with CRISPR patents (even charge patent tax when an animal or organism merely reproduces!) and the role of the EPO in it. It's an unbelievable injustice and it's against the law. To quote: "Patents Around the Globe The US Patent and Trademark Office has issued more than 80 patents with claims to CRISPR and/or Cas9 to more than 300 inventors from nearly 60 applicant organizations. The European Patent Office (EPO) has issued more than 20 such patents to approximately 30 inventors from about ten applicant institutions. In addition, there are more than 1,500 applications filed (but not yet granted) around the world."

And Campinos referred/passed that question to the same court as above -- the same one that will assess software patents (a subject we'll cover separately in the next post).

This whole thing is truly troubling. We have a patent-granting authority which breaks its own rules and terrorises the people who can put an end to it. It's all rigged and nobody can stop it. Here's an example of the kind of patents being granted.

In today's EPO patent quality is a disaster, necessitating oppositions (which can be expensive). Bad patent quality has a high if not mortal cost (to people and to companies) and following up on its report from a few days ago Motley Fool is again mentioning Pacific Biosciences: (days after it wrote about this company's collapse)

It recently had its second patent revoked by the European Patent Office (EPO), which took issue with the company's claims to "single molecule sequencing" -- the core claim of its platform. The company's long-read approach is also under pressure from United Kingdom-based startup Oxford Nanopore, which was handed a decisive victory by the EPO's decision. The startup is playing a not-so-subtle role in recent events, and proving to be a thorn in the side of Illumina, too.


Does "IP" stand for invalid patents? Is that what the EPO means when it uses the term "IP" (to refer to patents, which is misleading)? Also this week we've taken note of MinterEllison's Michael Christie on the EPO fast-tracking justice and injustice by rushing already-overburdened examiners. It's like the EPO goes out of its way to impede actual patent examination. If it could, it would just grant a patent for every application sent, with little or no (minimal) scrutiny. Its latest 'efficiency' programme does exactly that.

Recent Techrights' Posts

Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
 
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025