EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.23.19

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

Posted in Courtroom, Deception, Europe, Law, Patents at 8:14 am by Dr. Roy Schestowitz

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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Links 22/8/2019: KDE ISO Image Writer, GNU Parallel ‘Jesper Svarre’

    Links for the day



  2. Guarding and Rescuing the FSF Titanic: A Free (as in Freedom) Library, and Federation of Advocates

    "This library is not just for cultural works, but also for software."



  3. Linux Foundation's Linux.com in 2019: Zero Articles (Nothing Original) and a Terrible, Rookie New Design

    Linux.com has become a curated syndicator of news (edited by one single Microsoft proponent); the site has also eliminated its traditional design in favour of something only 'hipsters' can appreciate



  4. Managing IP as Team UPC's Megaphone and Lobbying Front

    Managing IP is lying on behalf of Team UPC yet again; the site's long history promoting the UPC hasn't ended even when prospects of the UPC are slim to none



  5. No More Rights for EPO Staff?

    The oppression and the crackdown on labour rights in Europe's second-largest institution has deepened to the point where staff is paid as little as is legally possible



  6. Links 22/8/2019: GNOME 3.33.91, Systemd 243 RC2, Cockpit 201, Ubuntu Touch OTA-10, FreeIPMI 1.6.4

    Links for the day



  7. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  8. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  9. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  10. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  11. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  12. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  13. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  14. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  15. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  16. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  17. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  18. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  19. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  20. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  21. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  22. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  23. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  24. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  25. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  26. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  27. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  28. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  29. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  30. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money


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