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

[Memes] Two Dictators. Donald Trump Loves TikTok.
This is a problem
Jeff Bezos (Washington Post) Spreads Political Propaganda Against the Internet (and the Web)
Then people wonder why trust in the media has gotten so low
In Hong Kong and Taiwan People Flock to GNU/Linux (Unlike Windows, GNU/Linux Doesn't Capture Screenshots of Everything You Do and Add Back Doors to Encryption)
Hong Kong and Taiwan have bright engineers. They know Windows is a joke.
When You Get Your "Latest Technology News" From an LLM Slop Farm
They still call themselves "BetaNews" (the word "news" is in the name)
For Software Freedom (and for Broader Personal Freedom), the Goalposts Are Moving
we need to open up our eyes and identify/classify other threats, such as social control media
Slow News, But Not Slow for Us
So far this year (maybe premature to say so because many journalists are still on holiday) the news is very, very slow
A Golden Opportunity that Canonical and IBM Intentionally Ignore (in Order to Appease Microsoft)
They're too dependent on Microsoft "sweeteners"
 
Gemini Links 04/01/2025: Geminispace Contributions and Security Theatre
Links for the day
Links 04/01/2025: Demolition of IBM Building (Its Birthplace), Microsoft Layoffs, Microsoft Vice President Quits
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 03, 2025
IRC logs for Friday, January 03, 2025
Apple 'Articles' That Aren't... Just SPAM From Beta'News', Generated by LLMs
A 'news' sites reduced to garbage crafted by bots
A Salad of Microsoft FUD Against Linux, Published by LinuxSecurity.com Using LLM Slop/Copypasta
LinuxSecurity.com is an anti-Linux FUD site, powered by Microsoft chatbots on the face of it
Gemini Links 03/01/2025: GNU Emacs Key Bindings in GNU Midnight Commander's Mcedit and Gemini Editing Setup with Vim
Links for the day
Links 03/01/2025: Neil Young Drops Out of Glastonbury and MElon Attacking the Free Press
Links for the day
Engineering Things to Last 70 Years in an 8-Bit, 16-Bit, and 32-Bit World
Nowadays they make things that barely last 7 years
GNU/Linux Rose to 5% in Belgium (It Was 1.66% Last January)
Trebling in 12 months, according to statCounter
[Meme] Crushing Free Speech Before Even Taking Public Office...
someone who isn't even president is already meddling
[Meme] Be a Good and Obedient Citizen. Use Microsoft Windows.
Microsoft actively works with China to censor search results and spy on citizens
Canada: Windows at All-Time Lows, ChromeOS and GNU/Linux Rise to Almost 8%
It is widely known that many schools in Canada adopted ChromeOS
In Mexico, Windows Down to All-Time Low, GNU/Linux Up to All-Time High
Yesterday we showed that in North America adoption of GNU/Linux is growing fast
The Free Software Foundation Extends Cutoff Date (Two More Weeks), Raises About 330,000 Dollars
Isn't it predictable that people who worked for Microsoft GitHub gave money to some unscrupulous lawyers in London to harass us?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 02, 2025
IRC logs for Thursday, January 02, 2025
Windows Falls to ~22% in France and Spain, Based on statCounter
Windows 'corrected' at 22% "market share" in France - i.e. roughly the same as Spain
Gemini Links 02/01/2025: Goals 2025, Microsofter Clickbaiting Again, Advice for the Newbie or Returning Perl Hacker
Links for the day
GNU/Linux and ChromeOS in Australia Tripled in 5 Years? That's How statCounter Sees It....
Based on statCounter...
[Meme] Wrestling With Pigs in Social Control Media
“Never wrestle with pigs. You both get dirty and the pig likes it.” ― George Bernard Shaw
Even Worse Than Racism at the Linux Foundation
And worse than corporate colonialism
It's Not Just MElon X, President Frank-Walter Steinmeier, All Social Control Media is Basically a Digital Weapon
The question is, what are you going to do about it?
Microsoft Especially Important to Phoronix (It Also Gives Gifts to Phoronix)
A whole section devoted to Microsoft, mostly with puff pieces/ads of proprietary things
Microsoft Plummets to New Lows in Azerbaijan
Perhaps the Azerbaijani population is looking for something other than the NSA's foremost facilitator
GNU/Linux Reaches 5% in Indonesia (Population Size Near 300 Million)
You would need not envy "Microsoft Indonesia" right now
We Need Something More Like DMOZ, Not Search Engines and Bill-Funded Wikipedia (Censoring Unfaltering Information About Powerful People and Institutions)
era of LLMs trained on Wikipedia... Microsoft tried - and failed - to game the narrative to the same extent Google does
Tens of Billions of Dollars Down the Drain (Microsoft Lost the Search "Arms Race" or Market)
But caused injury to itself and others, just like with Nokia in mobile
Seems Like GNU/Linux Usage Doubled in Japan Last Year
So says statCounter data anyway
GNU/Linux Measured at 4.4% in South America and 3.34% in Africa, Based on 2025's Preliminary Data
All-time highs
GNU/Linux Leaps to 6% in the United States of America (Not Even Counting ChromeOS)
Additionally, the FSF in Boston is managing well
GNU/Linux Usage in Europe Leaps Above 6% in 2025
This is a big deal because a lot of Microsoft's revenue came from Europe
Windows Falls to 22.5% Worldwide, Android Up to 48%
The world's (by far) biggest populations don't use Windows much
GNU/Linux Back to 5% in 2025
That's not counting ChromeOS
Links 02/01/2025: Production of Apple Vision Pro Halted, More on Public Domain Day 2025
Links for the day
GNU/Linux Gained About 0.5% Last Year, According to StatCounter
2024 ended with "proper" GNU/Linux at +0.4%, ChromeOS at +0.1% (based on statCounter/StatCounter)
Links 02/01/2025: OpenAI Whistleblower Suchir Balaji Alleged to Have Been Murdered, Islamic Terrorism in New Orleans
Links for the day
Gemini Links 02/01/2025: Friends, Blunder Valley, and New Year
Links for the day
Links 02/01/2025: Violence Crisis in South Africa and Arrest Warrant for South Korean Leadership
Links for the day
Rumour: IBM Will Try to Induce Mass Resignations This Month Using R.T.O. (Just Like Amazon Does This Month)
Amazon will start some of this in March, sources have told us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 01, 2025
IRC logs for Wednesday, January 01, 2025