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

The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
 
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025