Bonum Certa Men Certa

EPO Releases Decision Regarding G 2/19 (the 'Haar Question') in a Language Only About 10% of Member States Speak

What a classy move!

Document dump
Reference: Document dump



Summary: The European Patent Office (EPO) discloses its controversial judgment in a relatively minimal form and in a language that suits people in Germany and Austria; they don't want people to notice that all EPO judgments for a number of years were likely illegal (in defiance of the European Patent Convention ("EPC"))

THE PREVIOUS POST ended with a mention of the "Guidelines for Search and Examination at the EPO," by which the EPO hopes to grant software patents through buzzwords. But there's an even worse aspect; the judges of the EPO lack independence and the EPO isn't doing anything to correct this.

"...the judges of the EPO lack independence and the EPO isn't doing anything to correct this."Promoted via Lexology was this new article by Potter Clarkson LLP's Tony Proctor. He wrote about the EPO's Boards of Appeal, which have no independence whatsoever (this whole system is rogue now), and this is what he had to say about "Changes to the Rules of Procedure of the EPO Boards of Appeal": (notice nothing at all is being done regarding much-needed autonomy)

The rules governing the appeals process at the European Patent Office are being changed, with the aim being to speed up the appeals process and the expected effect being to reduce flexibility for appellants. Here we discuss the expected knock-on effects on first instance proceedings, particularly oppositions, as well as on existing and new appeals.


There's still high-level EPO corruption that ensures judges are indebted to (and afraid of) the Office -- the very authority that they were created to scrutinise rather than guard. Just published in German was this decision with "full reasoning in G2/19". Why only in German? Big Phrama blogger Rose Hughes (Patent Attorney at AstraZeneca) wrote: "This Kat is therefore currently forced to rely on the EPO summary."

The EPO is, as usual, making it harder for people to see its coverup of sheer corruption, subversion of justice and so on. When the case went on the EPO posted a whole bunch of distractions. The EPO was gaming the media and nobody but us covered it at the end. "The appeal was considered inadmissible," as noted below:

The EPO has announced the issue of the Enlarged Board of Appeal's full reasoning in referral G 2/19. As previously noted on IPKat, the Enlarged Board of Appeal (EBA) had previously released their decision in G 2/19 but had not published the decision (EPO press release).

The referral originated from the Board of Appeal decision T 831/17. The appeal related to a case in which a third party had submitted observations pursuant to Article 115 EPC that a patent application (EP2378735) lacked clarity. Clarity is not a ground for opposition. The third party was therefore not able to oppose the subsequently granted patent on the same ground.

In order to pursue their clarity objection to the now granted patent, the third party filed an appeal against the decision to grant. The appeal was considered inadmissible. The Board of Appeal also referred the question to the EBA of whether the right to oral proceedings in appeal proceedings is limited if the appeal is evidently inadmissible. The referral also asked the question of whether the relocation of the Boards of Appeal to outside Munich contravened a party's right to be heard.

Prior to the decision, the Haar/Munich aspect of the referral was covered by IPKat here, and the oral proceedings issue was covered in more detail here. The referral attracted a number of amicus curiae, including submissions from EPI and CIPA.

[...]

The G 2/19 decision is currently only available in German. This Kat is therefore currently forced to rely on the EPO summary. Stay tuned to IPKat for further commentary once an English translation becomes available.


This is pretty astounding. For a number of years the EPO issued a lot of judgments in a court whose existence (in this particular form) violates the EPC and they refuse to even deal with that issue.

"The EPO bullies its staff. The majority of them have rather severe stress, many need to seek professional help and a large proportion develop physical problems that are chronic."This is typical EPO. It's a bully, a thug, and a foe of justice. Just ask its own staff; no, not the mythical staff the EPO has just promoted ("How do our #patent examiners work?").

The EPO bullies its staff. The majority of them have rather severe stress, many need to seek professional help and a large proportion develop physical problems that are chronic. The EPO is no place to work and it's not hiring. It's also outsourcing the jobs.

Incidentally, retweeted by EPO a short while ago was this tweet from Saudi Arabia: "The bilateral meeting between @SAIPKSA and the European Patent Office(EPO)was held today in Geneva.The two sides reviewed aspects of cooperation in the field of patents and the opportunities of enhancing the strategic partnership between the sides."

"Even EPO staff that complains isn't being listened to. It's like these people don't matter because they interfere with 'Big Litigation' agenda."I responded by saying that it makes perfect sense for EPO to have alliances with countries that chop people like me to pieces and put them in tandoori ovens (for speaking about injustices like those in EPO).

Sadly, most if not all of the above issues are no longer discussed by the media. The EPC being violated should be front page news, but somehow that's being ignored. What do so-called 'law' firms speak about? Nothing but marketing or shameless self-promotion; in this particular case we have Paul Calvo and Fei Sha (Sterne, Kessler, Goldstein & Fox P.L.L.C.) citing the EPC as if it still matters at the EPO. But it doesn't. They would be wiser to point out EPO violates the European Patent Convention ("EPC") every day. From their new article:

The Guidelines for Examination in the European Patent Office (EPO) permit the use of post-filing experimental data in a limited manner to support the scope of objected claims. However, reliance on post-filing data differs when claims are objected to for insufficiency of disclosure or lack of inventive step.

Sufficiency of Disclosure

Article 83 of the European Patent Convention ("EPC") requires European patent applications to "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." A single example may suffice, but for claims that cover a broad field, a patent application must disclose multiple examples or describe alternative embodiments or variations extending over the technical area encompassed by the claims. If a patent specification lacks disclosure of tangible proof that the claimed concept can be put into practice, post-published documents can confirm the teachings of a patent application, but cannot be used to "cure" an insufficiency in disclosure.[1]

For example, if a patent disclosure provides no guidance as to how to perform a particular aspect of a claimed invention, post-published documents that later show how such performance is accomplished cannot "cure" the insufficiency.[2] In addition, if a patent specification provides only a vague indication of possible medical use for a yet-to-be-identified chemical compound, post-published documents containing details as to the identity and medical use of the compound cannot remedy the insufficiency of disclosure.[3] However, where an application lacks such explicit data, but discloses a technical concept that is plausible in view of common general knowledge at the relevant filing date, post-published documents may be used to support sufficiency of disclosure.[4]


Notice how they examine little details while ignoring all the big questions and the severe issues; this has become so typical that it's almost sickening. Even EPO staff that complains isn't being listened to. It's like these people don't matter because they interfere with 'Big Litigation' agenda.

Recent Techrights' Posts

Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia
Microsoft isn't on the agenda in Iraq
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
Over at Tux Machines...
GNU/Linux news for the past day
 
Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows
Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It
months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal
GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing
When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer
It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic
Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025