08.20.19

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

Posted in Europe, Law, Patents at 2:51 am by Dr. Roy Schestowitz

The banality of corruption and illegality

EPO delivery

Summary: 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

ANY time we mention Team Campinos/Battistelli lawlessness come to mind; these people are not virtually but practically above the law. Nobody can stop them; they can do anything they want.

“…these people are not virtually but practically above the law.”A year after Battistelli left we don’t really expect him to be held accountable for the corruption. People are sort of expected to forget or forgive. But why? The European Patent Office (EPO) is detached from the EU when it suits the EPO’s managers, e.g. when they commit crimes and don’t want to be held accountable by European institutions. Yesterday, however, they were happy to associate with the EU in Twitter, referring to a sort or endorsement from the EU’s “IPR Helpdesk”.

“There’s a certain sense of rot at the EPO; during the month of August it was almost never mentioned in the media.”The EPO’s attacks on the law may have been ignored or overlooked by EU officials, but what about courts in Germany? Well, the FCC certainly can see the attack on judges, among many other things. SUEPO, the EPO’s staff union, was taking note as recently as yesterday of the likely permanent demise of the UPC (and anything like it) under the section “Other press articles published related to Work/Labour – UPC – Unitary Patent – ILOAT etc.” (further down).

There’s a certain sense of rot at the EPO; during the month of August it was almost never mentioned in the media. IP Kat‘s Riana Harvey just mentioned it in passing yesterday:

The European Patent Law blog examines case T-721/16, heard in the Boards of Appeal of the European Patent Office, which suggested that it was not necessary to reproduce examples, but for the courts to examine the description of the combination of claimed characteristics.

We mentioned this decision before. This is in French.

We don’t suppose they’ll get around to tackling issues such as patent scope or quality; they refuse to even touch the 'Haar question'.

“What we’re seeing here is the collapse of patent certainty in Europe…”As we noted earlier this month, patent trolls flock to Europe, looking to exploit the demise of patent quality. We know what law firms are eager to represent these trolls. One such firm has just pushed to Lexology its so-called ‘advice’ (from Patrick Heckeler in this case). “The European Patent Office considered tracking SWAP derivatives transaction positions non-technical,” wrote these boosters of software patents in Europe, Bardehle Pagenberg. It’s even worse when it comes to European courts, where software patents have almost no chance of survival. What we’re seeing here is the collapse of patent certainty in Europe; too many fake patents or Invalid Patents (IPs) are being granted by the EPO. Campinos did absolutely nothing about this; he even made things worse.

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