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

11.30.19

Management of the EPO is Afraid of Scientists and Judges

Posted in Europe, Law, Patents at 8:22 am by Dr. Roy Schestowitz

Cuno TarfusserLast year: It Wasn’t Judges With Weapons in Their Office, It Was Benoît Battistelli Who Brought Firearms to the European Patent Office (EPO)

Summary: Lawlessness prevails at Europe’s second-largest institution as the managers (i.e. people with connections, not skills, some with notorious military background) try to suppress both science and justice (much like the Trump administration across the ocean); this has become a parasites’ paradise and a bottomless pit for graft (theft)

THOSE who follow our series about Thierry Breton will be very well aware that Breton accomplished most things because of people who knew rather than things he knew. He left a destructive tail behind him (many dead people, too) and there are lots of parallels/overlaps with the EPO, as we noted in part 17 yesterday.

“Not many people were enraged; sites/sides owned and controlled by patent maximalists viewed Battistelli as a liability and were happy to accept just about anyone but Battistelli (even if it’s another Battistelli).”Battistelli managed to rig the process and spurn the judge (Cuno Tarfusser) who wanted to become President of the European Patent Office (EPO), instead ‘fixing’ the appointment process for a longtime friend and compatriot, António Campinos. Not many people were enraged; sites/sides owned and controlled by patent maximalists viewed Battistelli as a liability and were happy to accept just about anyone but Battistelli (even if it’s another Battistelli).

“EPO management carries on as if nothing happened.”Things have not changed at the EPO and a strike is likely imminent (5 out of 6 workers voted in favour a couple of days ago). We are grateful to each courageous person — usually examiner — who votes for a strike. The EPO needs to be fixed to avoid total collapse and great economic harm to Europe (the US is a cautionary tale in this regard).

EPO management carries on as if nothing happened. A day after the vote for a strike it was ‘business as usual’ and retweeted by EPO on Friday was this UK-IPO tweet that said: “Come and join us and the @EPOorg at the @TheCIPA in #London on 5 or 6 Dec. We will be providing an update on our latest and upcoming online service developments.”

“All they want is litigation, litigation and more litigation.”So EPO management is once again mingling with patent and litigation zealots instead of scientists. CIPA is a very integral part of Team UPC, lobbying our politicians by endlessly lying to them. All they want is litigation, litigation and more litigation.

There’s meanwhile that rekindled ‘debate’ (fake news) about UPC, manufactured by CIPA’s friends at Managing IP. Don’t fall for it. They’re pestering judges in Germany, as usual. These people couldn’t care any less about the law and about the Constitution. They’d burn the Magna Carta on Bonfire Night if they could.

“The latter two men are both parked elsewhere at the moment; one heads a law school (yes, a criminal heading a law school!), whereas the second is meanwhile creating a private firm in Zagreb.”The UPC will never exist, but in the meantime the Office relies on a panel of terrified judges, whose colleague was driven close to insanity after years of bullying by Battistelli and his Croatian Mafioso. The latter two men are both parked elsewhere at the moment; one heads a law school (yes, a criminal heading a law school!), whereas the second is meanwhile creating a private firm in Zagreb. What they’ve made of the EPO’s tribunal is a sordid mess in Haar. The judges there have repeatedly complained — even in public — that they lack autonomy/independence. But their decisions, likely made in violation of the EPC (not the judges’ fault!), are still being adopted as de facto EPO practice. Just promoted in Mondaq (shortly before the weekend) was this article by HGF Limited (law firm) regarding a Technical Board Of Appeal decision:

Inherency is not relevant to the novelty of a “purpose-limited product claim” filed in accordance with Article 54(5) EPC.

The EPO’s Technical Board of Appeal 3.3.09 in T0694/16 has clarified that claims to purposively selected patients for treatment with a known drug is novel over the prior art treatment of a broader and/or overlapping patient group with the same drug.

If there is a functional relationship between one or more biomarkers and responsiveness to treatment with a drug, and the claim defines the drug for use in the treatment of a patient defined by said biomarkers, then the presence of this functional relationship confirms that the purposive selection of the patients is an essential technical feature qualifying the claim(s), and this must be taken into account when assessing novelty.

In a separate thread from the latest one that concerns the EPO “The Convention Watchdog” wrote about the Boards Of Appeal (BoAs):

Labelling the co-applicants approach an EPO approach appears somewhat misleading. Requiring that co-owners of the priority right exercise their right in common has been widespread practice in the member states to the Paris Convention outside the US and is present practice in the EPC Contracting States as exemplified by the recent decisions in the UK HTC v Gemalto , [2013] EWHC 1876 (Pat), at pt. 131 f., confirming Edvards v Cook, [2009] EWHC 1304 (Pat), at pt. 99, and in Germany, BGH – Drahtloses Kommunikationsnetz, GRUR 2019, 271, at pt. 60ff. The co-applicants approach is an expression of the general legal principle that jointly owned rights have to be exercised in common. It protects the co-owner of the priority right against the exploitation of this right without his participation.

There’s an upcoming BoA case regarding software patents in Europe and Campinos already meddles in the case to get the ‘desired’ (by him and patent maximalists) outcome. The EPO is so broken that it’s not even sad; it’s almost infuriating as they also seem to be defrauding the public and their staff.

Imagine what would happen if Tarfusser, a former International Criminal Court (ICC) judge, was given the top position. How many EPO officials past and present would face the court and be arrested?

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

What Else is New


  1. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  2. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  3. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  4. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  5. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  6. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  7. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  8. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  9. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  10. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  11. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  12. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  13. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  14. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  15. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  16. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  17. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  18. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  19. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  20. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  21. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  22. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  23. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  24. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  25. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  26. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020



  27. When Microsoft's Actions Speak for Themselves (About Back Door Access)

    Unwittingly, people are being reminded of the 'special relationship' between Microsoft and the US Army (or government); The back doors or bug doors are still there, even 7 years after Edward Snowden's NSA leaks



  28. Why You -- Yes, You Too -- Should Consider Migrating to GNU/Linux

    The window is closing (and Windows/Vista 7 closing down); the chance to use machines that the users actually control is still there



  29. Can We Please Stop Lying for Microsoft in the Mainstream Media?

    Dishonesty for short-term financial gain (e.g. advertising money) will be a big loss in the long run. There’s a reason why so many news sites perish and Datamation (where I wrote more than a decade ago) now throws away remnants of reputation by spreading a big lie from Microsoft.



  30. It's Only Factual and Truthful to Point Out That About Half of the EPO's Management Committee Are From the President's Nation (and Many Are Underqualified Friends of His)

    The patent-granting extravaganza of what a reader and contributor of ours likes to call "Club Med" will result in great pain (not just for the Office but for Europe as a whole); pointing out who's to blame (the culprits) is an exercise in practicality


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