11.07.19

Gemini version available ♊︎

It Feels Like EPO Management is Trying to Distract the Media and the Staff From Today’s Big Protest

Posted in Deception, Europe, Patents at 2:54 am by Dr. Roy Schestowitz

First Hague/Dutch protest in about a year and a half! (when Battistelli inaugurated an unfinished building)

Rick and Carl: Your authority lacks credibility. I don't care. I'm immune. You don't think the stakeholders are taking notice? Production is at record levels. Look. I could set up a patent office at home to generate millions of bogus patent grants. That would be just another WIPO.

Summary: It certainly feels like something we’ve seen before (and journalists told us about); the EPO strategically releases puff pieces about events that are about a week apart, possibly as means of distracting the media from what is about to happen (protest later today at The Hague)

THE European Patent Office’s (EPO) President António Campinos has been an utter failure. It may not seem so to the ‘outside world’ because the media is not at all reporting his failures, his lies, and the growing unrest among EPO staff. It also doesn’t report the constant violations of the law, which yield software patents under the guise of “hey hi” — an issue now celebrated by Watchtroll in an article entitled: “What to Know About the 2019 European Patent Office Guidelines for Examination”.

For one thing, they’re illegal. They compel examiners to break the law. We wrote many articles about this and last Friday examiners saw themselves facing a new dilemma: follow illegal orders or lose one’s job. “The European Patent Office (EPO) recently published its Guidelines for Examination 2019, which came into force on November 1,” Watchtroll wrote yesterday. They’re pleased to see the new loopholes for software patents or monopolies on maths and stats. Truly appalling! This is the kind of thing we’ve campaigned against for nearly 13 years (today we turn 13).

“They’re pleased to see the new loopholes for software patents or monopolies on maths and stats.”Anyway, there’s a protest today. We don’t know how many people will attend, but there’s a good reason for all staff on Dutch territories to attend. Things at the EPO will get yet worse before anything gets better; the writings are on the wall (or phony ‘studies’) as staff is further marginalised based on lies (or “false assumptions” as the union politely puts it).

We’ve noticed something irksome today and yesterday. Sometimes the EPO issues no “news” for weeks; but when this thing happens — like a protest coming — it can issue 3 in one day! We saw something similar when was G 2/19 (Enlarged Board of Appeal) was decided, as we noted several times that week. The last thing the EPO wanted back then was media coverage about how the EPO had violated its own law for a number of years*.

So what’s the ‘decoy’ or the media ‘bait’? Well, it’s a bunch of things that did not even happen at the same time. It’s almost as though those ‘puff pieces’ (‘fluff’) were amassed in ‘the queue’ for a while and then suddenly unleashed yesterday — the day some EPO staff may decide whether to march to the Portuguese embassy to demand action against Campinos.

“So what’s the ‘decoy’ or the media ‘bait’? Well, it’s a bunch of things that did not even happen at the same times.”We don’t wish to amplify this ‘fluff’ but merely to explain or rebut what we’re seeing. The first puff piece concerns Mexico (warning: epo.org link). There’s nothing wrong with Mexico (many headlines this week because of mass murder), but it’s not a strategic country to the EPO. But management of the EPO, knowing that staff is protesting today (and may soon go on strike as well), is desperate to make some puff pieces to distract from reality. This one says: “The EPO has signed a Memorandum of Understanding (MoU) on Reinforced Partnership with the Mexican Institute of Industrial Property (IMPI), further strengthening the longstanding co-operation between Europe and Mexico in the area of patents. The MoU was signed on Monday in Mexico City by EPO President António Campinos and IMPI Director General Juan Lozano.”

On Monday. That’s several days before the EPO wrote about it. Why the wait?

On the same day (warning: epo.org link) the EPO wrote that “[t]he EPO has signed a validation agreement with the government of Georgia…”

Never mind if these countries have European Patents; some more photo ops from EPO shared nonetheless, bombarding the site with puff pieces ahead of today’s EPO protest. Based on the timestamps in the URL, those pieces were likely prepared a day in advance. This third puff piece, also stamped with the same date (warning: epo.org link), is a familiar stunt from the Battistelli days. The EPO’s management does photo ops with country that has no European Patents at all (and it's not just there that this is done). This is laughable, pathetic even. “A delegation from Cambodia led by Senior Minister of Industry and Handicraft Cham Prasidh visited the EPO on 31 October to meet with a team from the EPO headed by President António Campinos,” it says. And it took them one week to write about it? How curious!

No wonder SUEPO announces actions just a day or two in advance, depriving the EPO’s management the ‘intelligence’ it may leverage for ‘damage control’ purposes. We don’t think it’s unreasonable to assume or theorise or hypothesise that timing of these puff pieces was very much deliberate and had a purpose. We’re quite certain that the EPO’s PR staff is already bombarding so-called ‘journalists’ in so-called ‘IP’ ‘news’ sites, trying to convince them to write about this ‘fluff’ instead of the important action at The Hague (this coming afternoon)**. More on that soon.
____
* Also in the news yesterday, Iain Robertson (Haseltine Lake Kempner LLP) was, quite frankly as usual, neglecting to say that the Board of Appeal totally lacks independence and is being pressured by the Office (granting authority) to embrace patent maximalism and violate the law, or the EPC. Mondaq and other patent maximalists’ platforms never even mention the EPO scandals anymore. They hope that the public won’t pay attention to corruption at the EPO. Robertson wrote the following (like IP Kat last week):

Two recent decisions from the Boards of Appeal of the European Patent Office have highlighted the difficulties applicants and opponents can face when trying to reply on new experimental data to support their arguments.

[...]

In T 1422/12, the Board of Appeal decided that the technical problem could be formulated to include the further technical effect of increased stability, despite this not being disclosed in the application in relation to the invention, because the background section of the patent application underlying T 1422/12 related to improving the performance characteristics of pharmaceutical products, and thus the new technical problem did fall “within the framework of the invention as disclosed in the application in suit”.

The Board of Appeal decided that T 1422/12 and T 440/91 did not apply in this case, because the application did not indicate any improvement to a therapy, let alone improved bioavailability of CNP-53 in comparison to CNP-22, and so this further effect, shown by the post-published evidence, did change the character of the invention. Therefore this further effect cannot be taken into consideration when considering inventive step. Consequently, the Board of Appeal found the application lacked an inventive step, and the appeal was dismissed.

** I once met for coffee someone who had been constantly subjected to this and explained to me how the EPO’s PR people handle ‘the media’ when they issue these puff pieces. I also know the names of the people who do this and how they do this. It’s corrosive and offensive to honest journalists. They’re pressured to become ‘parrots’ of obvious – even to them — lies. That’s the business model!

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  2. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  3. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  4. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  5. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  6. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  7. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  8. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  9. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  10. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  11. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  12. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  13. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  14. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  15. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  16. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  17. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  18. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  19. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject



  20. Linux Foundation Does Not Speak for GNU/Linux Users

    There's a serious problem in the "Linux" world as the so-called 'Linux' Foundation claims to speak for us (the GNU/Linux community) while in fact speaking against us (on the payroll of those looking to extinguish us)



  21. IBM's Lennart Poettering on Breaking Software for Pseudo Novelty

    Recently-uploaded ELCE 2011 clip shows a panel with Linus Torvalds, Alan Cox, Thomas Gleixner, Paul McKenney, and Lennart Poettering (relevant to novelty or perceived novelty that mostly degrades the experience of longtime users, e.g. Wayland and systemd)



  22. IRC Proceedings: Sunday, May 15, 2022

    IRC logs for Sunday, May 15, 2022



  23. Links 15/05/2022: Linux 5.18 RC7 and Calls for More Mass Surveillance

    Links for the day



  24. Audio: Mark Shuttleworth Marketed to Young Males, With Sexy Pictures

    The Web is rotting away, old links become broken links within months or years, so I’ve decided to encode a 3-minute segment of the whole as Ogg



  25. What a Difference Half a Decade Makes (When Linux Foundation is 'Having Fun')

    Media shaming campaigns may have taken their toll on the founder of Linux, who is now bossed by someone who rejects Linux and is married to a Microsoft booster. Like Richard Stallman under FSF guidance (and conditions for return, mostly for fear of further media assaults and attack dogs), he has become a more publicity-shy and private person. The Linux Foundation has in effect reduced the founder of what it’s called after (Linux) into a weekly release manager and mascot, whose brand it is gradually diluting/cheapening.



  26. Links 15/05/2022: GNU libiconv 1.17

    Links for the day



  27. [Meme] Unitary Patent and Unified Patent Court (UPC) Cannot Be Reconciled With the Law

    Unitary Patent and Unified Patent Court (UPC)? Impossible. But Team UPC counts on an endless torrent of fake news managing to convince you (and more importantly politicians) otherwise.



  28. Even Team Battistelli is Sometimes Admitting -- Out in Public! -- That Unified Patent Court (UPC) is Neither Legal Nor Desirable

    Daniel X. Thomas and other people who are “too old to punish” (consequences to their career profoundly minimised owing to seniority) are among those who push back against the Unitary Patent or Unified Patent Court (UPC); any sane person — not a career-climbing litigation zealot — can identify the pertinent facts and realise that what’s going on here is an injustice of unprecedented proportions in the patent discipline



  29. [Meme] Common Sense at EPO

    The European examiners who deal with patents prefer a system that works for science, for Europe, not for foreign megacorporations that amass millions of low-quality patents and weaponise these to discourage competition



  30. Patent Granting at the EPO Has Collapsed by 24% Owing to Much-Needed Industrial Action

    Seeing that the EPO’s management routinely violates the law and even the very legal basis of the EPO’s existence (it is a monopoly in Europe; no body has the authority to compete against it), the EPO’s examiners have embarked on a ‘Work-to-Rule’ campaign — working in compliance with the rules as defined 49 years ago and revised over the decades — and the European Patent Convention (EPC) takes priority over unlawful demands from middle and upper management; this is proving highly effective so far and it will carry on until demands are met, i.e. until the law is obeyed and staff is treated with respect/dignity


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts