EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

Leave a Comment

You must be logged in to post a comment.

What Else is New

  1. Understanding Thierry Breton: Noël Forgeard and His “Golden Parachute”

    The end of the first half of the Breton series; in this particular part we continue to cover the EADS scandal and the second half of this series will include the EPO connections (the vote in a plenary for Breton's nomination is due 27/11)

  2. Links 19/11/2019: Zswap's B-Tree Search Implementation, WordPress 5.2.4

    Links for the day

  3. We've Already Entered the Era When Patents Should be Presumed Invalid

    The abundance of low-quality patents may mean short-term profits for patent offices and law firms; but we know at whose expense they are profiting and the legitimacy of patent systems suffers as a result

  4. Jean-Luc Breton

    Breton a champion of obstruction and obfuscation

  5. Understanding Thierry Breton: Insider-Trading Scandal at EADS

    Although Breton was not directly implicated in the insider trading scandal itself he did come under fire in 2007 for the role he played in a side-show to the main story, namely the payment of a generous € 8.5m severance package to Noël Forgeard when the EADS co-CEO was compelled to resign in June 2006.

  6. Startpage is Not Denying Its Betrayal of Privacy, It is Just Being Evasive

    They can't call you a liar if you issue a non-denying 'denial'; the "Roll Safe Think About It" meme seems applicable here

  7. Guest Post: Open Source is Not Free Software

    "If you look at human history, you can see lots of similar ideas, movements, intellectuals who are affected by the power of the ruling class like this."

  8. IRC Proceedings: Monday, November 18, 2019

    IRC logs for Monday, November 18, 2019

  9. Links 19/11/2019: HPC Focus and LibreOffice 6.4 Beta

    Links for the day

  10. Understanding Thierry Breton: “Rhodiagate” and the Vivendi Universal Affair

    When the "Rhodia affair" became the "Breton affair"

  11. Links 18/11/2019: Last Linux RC, OSMC Updated

    Links for the day

  12. What GitHub is to Open Source

    Lots of prisoners inside GitHub

  13. Openwashing Institutionalised NPEs (OIN) and Software Patents With Notorious Managers From the EPO

    There’s a strong push for software patents in Europe (basically fake European Patents on abstract ideas) and IAM leads/participates in it with help from OIN, Grant Philpott (EPO) and — maybe soon — Breton (EU)

  14. IRC Proceedings: Sunday, November 17, 2019

    IRC logs for Sunday, November 17, 2019

  15. Links 17/11/2019: Slax Beta and Arch Conf 2019 Report

  16. Understanding Thierry Breton: The “Cost-Killer” Tries to Tame the National Debt

    The oligarchic policy of Thierry Breton at Bercy

  17. Reactions to Last Week's Thierry Breton Hearing

    Nobody is particularly impressed by Thierry Breton except those who know little about him (and he contributes to this lack of knowledge by obstructing, omitting, and misleading)

  18. The Open Invention Network Has Become a Guard Dog of (Some) Patent Trolls and It Misrepresents Us Under the Guise of 'Open Source'

    The Open Invention Network (OIN), in collaboration with Fraunhöfer, is promoting software patents and all sorts of other nonsense as part of ‘open’ standards in a new paper sponsored by the EU and edited by the former EPO Chief Economist Nikolaus Thumm (not Battistelli's choice); this is another reminder of the fact that OIN misrepresents Free/Open Source software (FOSS) developers and their interests

  19. IRC Proceedings: Saturday, November 16, 2019

    IRC logs for Saturday, November 16, 2019

  20. Unitary Patent is Dead Partly Because the EPO Demonstrated That EPC is Being Routinely Violated, Illegal Patents Granted

    Some elements of Team UPC have given up, whereas others try to push the lie that Unitary Patent/Unified Patent Court (UPC) is not an EU thing and that therefore everything is fine

  21. USPTO Rewards Microsoft for Corruption at ISO by Teaching People Proprietary OOXML and Promoting Its Use

    The world's most important patent office promotes Microsoft lock-in, revealing not only corporate bias but also highlighting ways in which Microsoft crimes continue to pay off

  22. No, Startpage is Not Dutch Anymore

    Startpage is still clinging onto perceptions rather than truths; it means that Startpage isn't just betraying privacy but it's also dishonest and untrustworthy

  23. Understanding Thierry Breton: Chirac's Entrepreneurial “Joker”

    Minister in charge of the public treasury was not a career politician but an “entrepreneur” with a proven track-record as a financial wizard and “cost-killer”

  24. Links 16/11/2019: New Debian Release, Wine staging 4.20

    Links for the day

  25. IRC Proceedings: Friday, November 15, 2019

    IRC logs for Friday, November 15, 2019

  26. Microsoft Doesn't Love Linux, It Just Buys Linux

    Microsoft's takeover or abduction of its opposition's voice isn't an act of love but an act of occupation, a hostile colonisation that enables digital pillage and plunder

  27. Koch's Reply to EPO Through ILO and Techrights' Interpretation of Koch v EPO Documents Help Show That ILO-AT is Played by EPO Management

    Sending cases back and forth, without the complainant being involved, means that justice is in eternal ‘limbo’ and thus the abusive management of the European Patent Office (EPO) — first Team Battistelli and now Team Campinos — can get away with anything the bullies do (no judgment of substance being delivered)

  28. EPO Running ILO's Tribunal (ILO-AT) 'in a Loop' to Perpetually Delay and Drain the EPO's Complainants (Aggrieved Staff) Out of Money

    ILO’s Administrative Tribunal — a court for aggrieved EPO staff and other international organisations’ staff (usually known as ILO-AT for short) — is a major farce; when “time is money” and lawyers charge as much as 400 euros an hour the EPO’s management can exploit/misuse its cash reserves to also game justice and buy legal outcomes

  29. ILO is Not Functioning and ILO-AT Helps the Abusive Management of the European Patent Office

    It is becoming increasingly clear, based for example on Koch v EPO, that ILO-AT is where a lot of money will be spent on lawyers and rarely will that result in real justice (but it certainly helps EPO management pretend that staff has safeguards)

  30. Links 16/11/2019: Wine 4.20, Picolibc 1.1

    Links for the day

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