Bonum Certa Men Certa

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

Recent: Index: G 2/19 (Enlarged Board of Appeal, EPO)

EPO toons



Summary: 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

ABOUT one year ago the European Patent Office (EPO) had about 9,000 impending cases after Battistelli had attacked and understaffed the appeal boards for a number of years. António Campinos obviously did nothing to tackle this issue. Some of these cases, including an imminent one regarding computer simulation, concern software patents in Europe. Several months ago a blogger from Kluwer Patent Blog took note of that staggering number. The EPO management's attack on its judges has resulted in an unbelievable backlog in the 'justice' faculties/departments. What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'. Similar issues exist at ILO-AT.



"What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'."Just promoted via Lexology was last week's article from a law firm, revealing that 'acceleration' is possible in particular cases (like PPH or PACE). To quote:

Appeal proceedings at the European Patent Office (EPO) typically last in excess of three years, but can last significantly longer (according to the 2017 Annual Report of the Boards of Appeal, technical appeal proceedings lasted 38 months on average, but some cases had been pending for eight years). With this long duration of proceedings, it is no surprise that there is a substantial backlog of pending cases (over 9,000 at the end of 2018, according to the 2018 Annual Report of the Boards of Appeal).

[...]

Requests for accelerated processing of an appeal should be filed with the competent Board of Appeal, and may be filed at the beginning of or during appeal proceedings. Such requests should specify the reasons for urgency, and be submitted with documents that support this reasoning. There is no official form for requesting accelerated processing of an appeal.


Preparing for such a request takes time and money. Given what we saw in the past (EPO leaks), this may discriminate based on size, connections, and money.

"Thankfully, the UPC is failing."This is the kind of thing Germany's FCC must look into; justice in today's EPO is mostly an illusion. It's infeasible. It used to more or less work, the Office used to more or less function. But now? Total chaos. Does one want to extend this system to courts all across Europe?

Thankfully, the UPC is failing. SUEPO linked to an article to that effect earlier today. People in the comments in that article (composed by Team UPC) mostly focus on Techrights, still upset because of our opposition to software patents (we assume these comments come from one single patent attorney).

"Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is."In summer of 2019 the famous complaint against the UPC turns two. Each year that passes is another nail on the UPC's coffin. Almost exactly a year ago this site called Down to Earth boiled down to misinformation, slanting everything in favour of the litigation 'industry' (as if it's the sole thing that matters). The writer ended up putting a copyright sign/symbol as the head image in the article about patents, showing that these people have no clue what they're writing about (or intentionally lying). They referred to patents as "IP" (not Invalid Patent but something meaningless and misleading).

Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is.

Recent Techrights' Posts

There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
 
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025