12.03.20

Gemini version available ♊︎

The EPO’s 2020 Impaired Vision/ViCo: Imposing Illegal Practices on EPO Stakeholders, Not Only on EPO Staff

Posted in Europe, Law, Patents at 6:12 am by Dr. Roy Schestowitz

This is how lawbreaking* becomes ‘normalised’ (moral relativism and a parallel race to the ethical bottom/gutter, where one evil gets justified by presence of a greater one)

I do something illegal; I say it's OK because Trump is the greater criminal; I make my staff do illegal things; I make my stakeholders do illegal things; The whole system becomes illegal

Summary: Corruption is contagious; we now see a growing number of EPO stakeholders speaking out against the outrageous attempts by Office management to impose illegal practices on them; they don’t wish to participate in any of this

THE issues associated with surveillance, espionage etc. aren’t directly relevant to the EPO; GDPR violations are too routinely, but the EPO enjoys diplomatic immunity, so who the heck will hold accountable the likes of Benoît Battistelli and António Campinos? Given some of the tactics used by Battistelli half a decade ago, without immunity he would be detained and then sentenced to prison.

“Given some of the tactics used by Battistelli half a decade ago, without immunity he would be detained and then sentenced to prison.”The other day we mentioned that the whole “ViCo” hype is nothing new; putting aside sarcastic remarks about patent trolls targeting “ViCo” providers and users, there’s that old point about very old prior art (“ViCo” is nothing new and similar things could be accomplished technologically before the EPO even existed and probably before NASA landed men on the moon; “Multiple user videoconferencing first being demonstrated with Stanford Research Institute’s NLS computer technology (1968),” says Wikipedia). Here are some prior articles we published about “ViCo”:

Some “ViCo” history:

'ViCo' history

As we explained before, illegal practices are being justified by autocrats in the name of fake 'novelty' or ‘emergency’ (as if debating patents is really an emergency).

We do illegal stuff to stop supposed patent 'pirates'Last night we saw something very relevant; we noticed that that Kluwer Patent Blog decided to respond to this issue, only days or weeks after two or more rants from Dr. Bausch about the impracticality if not illegality of this practice. The post is uncharacteristically (for this topic, not for UPC lies) anonymous, but we can guess it was at least partly composed by Dr. Bausch, who has been increasingly vocal in his condemnations of the EPO lately.

We truly need more attorneys to ‘grow a pair’ and speak out about what goes on at the EPO. Otherwise, as EPO insiders keep warning us, there won’t be an EPO anymore.

From the relatively long post:

Parties should not be forced to accept oral proceedings via videoconference before the EPO Board of Appeals. That is the clear feedback, at least in the responses that have been published, on the EPO’s user consultation regarding a proposed new Article 15a RPBA concerning oral proceedings by videoconference.

The consultation closed on 27 November. In the explanatory remarks, the EPO doesn’t give any reason for the proposal, but it is clear that the corona pandemic has given a boost to videoconferencing. ‘From May to October 2020, oral proceedings were held by videoconference in over 120 appeal cases. Initially, they were held by videoconference only if all parties to the proceedings agreed. This enabled the parties and the members of the Board to become accustomed to oral proceedings being conducted in the new format. It is envisaged that in the near future the Boards of Appeal will extend their practice by holding oral proceedings by videoconference without requiring the parties’ agreement to this format.’

[...]

However, it seems that CIPA didn’t participate in the EPO consultation regarding the proposed new Article 15a RPBA; at least it didn’t publish any consultation response. So it remains unclear what CIPA’s view is regarding the proposed new power of the Board of Appeal to decide to hold oral proceedings by videoconference, even if (one of) the parties opposes this.

In an article of JUVE Patent, most IP professionals react with understanding to the EPO’s temporary extension of videoconferencing to prevent the build-up of further backlogs, and taking into account the problems caused by the corona pandemic. But many say they hope that video hearings ‘will not replace all hearings for good’.

We’ll monitor comments there (at least those that make it through their censorship sieve). “Concerned observer” was first to point out: “My understanding is that CIPA did submit a response to the consultation. It is just that the response has not yet been made publicly available and so very few people are aware of its content. To my knowledge, the views of CIPA’s membership were not surveyed prior to preparation and submission of the response. Make of that what you will.”

Alessandro Cossu then said: “I was wondering whether and when all the responses to the consultation will be made available to the public; my firm also submitted comments but, as of today, I do not even know whether they were correctly received.”

We know that the EPO likes to hide feedback that the management does not welcome.

We predict there will be some high-level legal challenge over this some time in the not-so-distant future. Office management has basically lied about the views of stakeholders — just as it keeps lying about the sentiments of staff. It’s perfectly reasonable to expect this subject to not just go away… especially in light of repeated violations of the EPC, defended in part by scripted puff pieces.
____
* Included below is the leaked document [PDF] showing that Clinton’s team sought to elevate Donald Trump as he was dirty enough for Clinton to beat in the 2016 election (never mind the consequences if he does get elected).

Strategy on GOP 2016ers page 1

Strategy on GOP 2016ers page 2

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. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  2. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  3. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  4. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  5. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  6. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  7. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  8. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  9. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  10. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  11. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  12. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  13. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  14. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  15. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  16. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  17. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  18. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  19. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  20. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  21. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  22. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  23. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  24. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  25. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  26. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  27. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  28. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  29. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  30. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021


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