Bonum Certa Men Certa

António Campinos, With Diplomatic Immunity, Continues Breaking the Law by Granting Patents the EU and EPC Forbade

Like father, like son (and grandpa): Immunity of the Intellectual Property Office of the European Union Causes Outrage in Spanish Media

The unequal fight
Source: Yesterday's tweet



Summary: The EPO shows how immunity leads to crimes being committed with total impunity; at this point the EPO's immunity must be removed and judges should be permitted to do their job, which is enforcing the law

THE European Patent Office (EPO) breaks the law every single day.



It may sound crazy until one grasps the concept -- however illogical -- of immunity. Battistelli was never held accountable for his crimes, including the Benalla affairs. António Campinos knows that he too is immune. He can do anything he likes!

Come again?

"Who holds the EPO accountable? Nobody! Not even judges. Not even the highest court in the same city as the ICC!"Yes, it's true!

This is why we end up with staff being bullied, people dying without an investigation (on EPO premises), and ridiculous patents such as software patents get granted in Europe in violation of direct instructions from elected politicians who are there to represent us. Who holds the EPO accountable? Nobody! Not even judges. Not even the highest court in the same city as the ICC! Even after determining that the EPO did, in fact, break the law!

Just reposted by Haseltine Lake Kempner LLP was this piece about patents on brews or their ingredients (close to patents on recipes!) and IAM, the megaphone of the EPO, mentioned the illegality of it. "Naturally obtained plants and seeds should not patentable say MEPs," but the EPO illegally grants patents on these anyway (because it's run by unaccountable thugs). Here's the whole relevant section:

Naturally obtained plants and seeds should not patentable say MEPs – Members of the European Parliament passed a non-legislative resolution that fruit, vegetables or animals obtained from conventional breeding processes, such as crossing, must not become patentable because open access to plant material is essential to the innovation and competitiveness of the agricultural and horticultural sectors. The decision was made against the background of a recent controversy concerning EPO president Antonio Campinos’ request for the office’s Enlarged Board of Appeal to reconsider its ruling that such inventions can be protected.


But the Enlarged Board of Appeal is largely controlled by him and his Office. That's like a principal at a school reprimanding a boy through a parent.

"Remember that nobody at the EPO's top-level management -- not even a single person -- has been held accountable."In any event, one day (sooner or later) the whole thing will come tumbling down, an avalanche of invalid patents that are rejected en masse like patents on life were (a few years ago). Sooner or later the Administrative Council won't be able to defend this. Sooner or later the public too will rebel, seeing that the EPO gives patents (i.e. monopoly) on treating cancer. This helps nobody, but the EPO has also given awards for such notorious patents. Yesterday we saw this new press release about an opposition being filed:

Cantargia AB today announces that an opposition has been filed against one of the European patents in Cantargia's patent family covering antibody therapy in solid tumors. The patent, with number EP3020730B1, confers protection for e.g. IL1RAP targeted antibodies in tumor forms not already covered in the European mother patent, which was granted in 2016. The current opponent, Mab Discovery GmbH, also filed an opposition against the mother patent in 2016. That opposition was unsuccessful and the mother patent, valid until 2032, remains in force after the opposition proceedings were concluded in 2018.


As we explained earlier this week, the task of assessing oppositions has been encumbered by a soaring number of filings, limiting the ability to handle these properly. It's the same problem with appeals (backlog exceeding 10,000 cases!), but law firms don't seem particularly bothered. An article by J A Kemp, just boosted by Mondaq, focuses on the EPO (re)arranging the seats on the Titanic's deck:

The EPO has recently revised the Rules of Procedure of the Boards of Appeal (RPBA)[1]. The revised RPBA will come into force on 1 January 2020. The revisions are fairly extensive, and are primarily concerned with harmonising the practices of the various different Boards of Appeal. The EPO is also hoping that the changes will increase the overall efficiency of the appeal procedure. Many of the changes may require users of the European patent system to modify their day-to-day practice, both during first instance proceedings and in subsequent appeals.

[...]

The efforts to codify many aspects of Board of Appeal practice currently governed by the case law are very welcome, and will hopefully result in the various different Boards of Appeal taking a more consistent and predictable approach. Further, the Boards of Appeal are sending a message that parties should present their entire case as early as possible during proceedings, and should not expect to have changes to their case admitted later in proceedings as a matter of course.


Notice how nothing at all has been done to restore judges' independence. Nothing. So in effect the EPO remains an unaccountable entity which grants -- through precedented pressure on examiners to break the law -- illegal patents. Preventing this from happening at an individual level would be career suicide. The only way to properly deal with this deadlock is to remove/strip the EPO's immunity, holding the management legally accountable. Remember that nobody at the EPO's top-level management -- not even a single person -- has been held accountable. One of them even opened a private business in Zagreb.

Recent Techrights' Posts

Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
 
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day