06.12.20

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Defunct EPO in the Age of Defunct UPC (Even If EPO Fakes ‘Quality’ and Team UPC Keeps Faking ‘Progress’)

Posted in Europe, Patents at 5:29 am by Dr. Roy Schestowitz

Cartoon from inside the EPO (not ours)

The Sancho of EPO
In reference to: Tall Tales From the Land of EPOnia: Indications of High-Level Club Med/EUIPO “Entryism”

Summary: The EPO’s commendable 40-year legacy is being overshadowed by negative years of patent “production” just for the sake of faking “productivity” (lots of fake patents being granted, based on deliberate misinterpretations of the EPC); not even the UPC hopefuls can offer a way out of this inevitable destruction of legal certainty

THE liars of IAM tell us about "quality" while examiners say another thing altogether. Who should we believe, patent examiners or patent trolls-funded IAM?

“The leadership of the EPO is nowadays contemptible, corrupt, and picked not based on skills/experience. EPO examiners are losing sleep while their managers sleep with each other.”Fake European Patents (EPs) from the European Patent Office (EPO) are being granted every hour of the day, now that examiners work well into the night if not throughout the night (dream job, eh? There’s a sleep-related punchline there!) under supervision from clueless politicians like António Campinos and Benoît Battistelli, not to mention former military officers. The leadership of the EPO is nowadays contemptible, corrupt, and picked not based on skills/experience. EPO examiners are losing sleep while their managers sleep with each other.

There’s meanwhile this new post from Florian Mueller/Müller, which highlights “likely invalid” European Patents that are used in a court. To quote and name some of the EPs in question (there are more examples to that effect in Daily Links under “Patents”):

In its first-filed case against Daimler, Sharp is asserting EP2154903 on a “mobile communication system, base station device, and mobile station device” in Mannheim (case no. 2 O 46/19; complaint filed on 12 April 2019). As per a May 26, 2020 decision, that case has been stayed pending the resolution of a nullity action the infringement court deemed meritorious.

In the second Mannheim case (over EP2129181 on a “mobile communication system, base station apparatus and mobile station apparatus”; case no. 2 O 87/19), Sharp had no reasonable alternative to a stipulation to stay. Otherwise the case would have gone to trial later this month.

[...]

A couple more Sharp v. Daimler cases will be tried in Munich on November 3, 2020 and the following day (case no. 21 O 8609/19 over EP2854324 on a “communication system and mobile station apparatus” and case no. 21 O 9918/19 over EP2312896 on a “base station device, mobile station device and corresponding communication methods using carrier aggregation”).

Remember that today’s EPO management is gleeful and proud to promote software patents in Europe, insisting that they’re in compliance with the EPC when they’re obviously not. They hoped to bypass courts on such questions (not just the tribunals in Haar, the ones that lack independence from the Office). But that plot failed spectacularly. Even Bristows is mostly left speechless (no blog posts in months). Yesterday Myles Jelf cited an article in German (about Justice Huber) and noted: “There is the issue of whether, due to Brexit, Germany is able to ratify the UPC Agreement in its current form; questions on this to the European Commission are currently pending…”

“We’ve meanwhile found out that Team UPC is quietly betraying the Italians, perhaps apprehensive/worried that Italy will find out.”His colleague mentioned it last week. There are several other barriers and they don’t like bringing these up at all. It’s not as simple as they attempt to frame it. Well, meanwhile we’ve attempted to read the article — reading it for ourselves rather than rely on Bristows with their notorious liars doing it ‘for us’ (they’ve been caught distorting and lying so many times in the past). We might be able to offer some assessment soon. We’ve meanwhile found out that Team UPC is quietly betraying the Italians, perhaps apprehensive/worried that Italy will find out. The text is in German only, behind a paywall and on paper, but we might have some translation soon…

Even the ‘EPO Mafia’ wouldn’t want to mess with the Italians…

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