Bonum Certa Men Certa

The EPO's Universal Patent Injustice Concealed With Polyglottic Tricks

French management, German language, English-speaking applicants?!

From left to right: Benoît Battistelli, President of the EPO; Michel Barnier, European Commissioner for Internal Market and Services; Antonio Campinos, President of OHIM



Summary: The EPO is fooling nobody; it's desperate to hide the very simple fact that Battistelli did something illegal and over the past few years every decision issued by the EPO was legally invalid (as per the EPC)

THERE are officially three languages at the European Patent Office (EPO), French, English and German. That in its own right is a controversial subject because Spanish is spoken by a lot more people and Spain is in Europe. Most member states can deal with English, some (like Belgium) feel OK with French and for 2 states as well as one to the west and several to the east German might be of some use (without fluency). But it's clear that English is the most important language. The EPO's Web site, for example, speaks English by default. As only the minority of European Patents are actually European (assigned to people of European nationality) that sort of makes sense. So how come the EPO selectively releases particularly important decisions in languages other than English? And only the spin (summary) is presented in English? It's pretty clear that the EPO is trying to bury something, as it did when that one particular case (G2/19) was going on. The EPO went out of its way to produce media noise and distract from criticism, as we noted at the time. G2/19 isn't just some ordinary case; if ruled in the particular way it could void many hundreds of prior decisions. It also concerns the crimes of Battistelli, gleefully perpetuated by his 'butler', António Campinos. This same court will soon decide on matters such as software patents in Europe. Shouldn't we know whether the court's decisions are legally valid? Considering the fact that the judges too (something through AMBA) complain about loss of autonomy? Shouldn't European people (or businesses) be permitted to see what goes on behind this veil of secrecy? How rogue is the EPO willing to become? This dam will burst one day and it won't be pretty.



"Shouldn't European people (or businesses) be permitted to see what goes on behind this veil of secrecy?"Criminals tend to go out of their way to hide their crimes. The EPO's managers are no exception. Why would they make it simpler for the public to observe their abuse? Instead of twisting, spinning, misleading etc. while making that come across as compliance with transparency policy/regulations?

The EPO's attempt to suppress publication of this case has been chronicled here for months. Media of the patent microcosm mostly played along, as we noted around the time of this case. Riana Harvey wrote on Thursday: "Rose Hughes reports on case G2/19, which the Enlarged Board of Appeal released its full reasoning for. The appeal related to a case in which a third party had submitted observations pursuant to Article 115 EPC that a patent application lacked clarity."

Go back to the original and notice the sole comment on that original: "Another possibility would be to learn German.. oh wait, what did they say about Britain? "Learning a foreign language is considered as flamboyant as wearing a crown in a bus"... well..."

"...it's very clear what the EPO is doing."How many Brits can speak German? How many people around the world in general have a grasp of the language? Maybe one percept of the world's population can speak that at mother's tongue level! Combine the population of Germany and Austria, as a fraction of about 8 billion people.

As we noted not so long ago, it's very clear what the EPO is doing. It's very clear why. To limit audience/people who are able to read the decision it was published only in German and as J A Kemp has just put it, weeks down the line there's still no English translation, month after the decision itself ("currently only available in German").

To quote "Decision From The Enlarged Board Of Appeal In G2/19" (published before the weekend):

The EPO has issued a press release (see here), which summarises the full decision (currently only available in German here) from the Enlarged Board of Appeal in G2/19.

[...]

The second answer relates to the relocation of the Boards of Appeal to Haar from Munich. Interestingly, the Enlarged Board indicated that it was only required to rule on this matter insofar as it was related to the possible infringement of the procedural right of a party. The Enlarged Board concluded that holding oral proceedings in Haar does not infringe a party’s right to be heard and that mere perceived inconvenience does not injure the right to be heard.

Although they considered it unnecessary, the Enlarged Board did nevertheless also consider the effect of Article 6(2) EPC, which states that “The European Patent Office shall be located in Munich. It shall have a branch at the Hague.” It had been argued by the appellant that Haar is not in Munich and thus locating the Boards of Appeal in Haar contravenes Article 6(2) EPC. The Enlarged Board did not accept that argument, commenting that as the main EPO body responsible for granting patents is in Munich, the requirements of Article 6(2) EPC are met. The Enlarged Board also observed that separating the Boards of Appeal geographically from the EPO administrative departments in Munich highlights the independence of the Boards of Appeal and, in view of this, it is not necessary to limit the location of the Boards of Appeal to the city of Munich itself. The Enlarged Board also noted that the Boards of Appeal in Haar are “only located slightly outside the boundaries of the city of Munich”. It therefore seems unlikely that any future challenges to the location of the Boards of Appeal in Haar will succeed.


That last sentence is key: "It therefore seems unlikely that any future challenges to the location of the Boards of Appeal in Haar will succeed."

This is the message that the EPO wanted to get out there. "We did something illegal to capture the courts; and don't dare challenge the legality of it anymore!"

Recent Techrights' Posts

[Meme] The Heart of Staff Rep
Rowan heartily grateful
 
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024