Bonum Certa Men Certa

Team UPC Throws Vienna Convention Out the Window/Under a Bus and Vienna's EPO Branch (in EPC) Discarded by EPO Management

In the same away BoA was illegally cast away/thrown into Haar for the mere pretence of EPC compliance (not that BoA has any real independence)



Summary: Staff of the EPO is smart enough to see what EPO management has up its sleeve (see "The EPO is Silently Shrinking in Vienna"); it's neither legal nor acceptable, which is why the strikes are back and SUEPO envisions a year of conflict ahead

AS we noted just over a day ago, many workers of the EPO in Vienna went on strike, seeing that the boss of António Campinos (no, not a Czech guy from the Council) continues the war on the EPC and on EPO staff. While studying the history of it I stumbled upon this old article from Ingrid Marson; even in 2006 a concern was raised that EPO managers failed "to enforce the quality standards set by the European Patent Convention". Here are some portions, or the two closing paragraphs:



This is not the first time patent examiners have raised the issue. In a 2004 survey of 1,300 EPO patent examiners, three-quarters of staff claimed productivity demands from managers did not allow them "to enforce the quality standards set by the European Patent Convention".

Campaigners against software patents have also criticised the quality of patents issued by the EPO. In particular, they have been frustrated that the EPO has continued to grant software patents despite last year's rejection of the software patent directive.


This mentions software patents in Europe; those should never be granted. That's the kind of thing that got us 'fired up' in the first place (chastising the EPO).

While recording the above video (first take, no scripting) I realised, in hindsight, that it was worth bringing up this latest post from Kluwer Patent Blog (apparently Bristows again). The Unitary Patent (UPC) post is highly misleading, but this latest comment stands out:

Of “If no complaints are filed, two more countries will have to ratify (or otherwise consent to) the PPA for the provisional application phase to come into force”, what does the Vienna Convention on Treaties say?

Vienna Convention on Treaties, Article 24, Entry into force says:

24.1. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.

● But, the requirement for UK ratification, that the UPC Agreement provides, has not been satisfied.

24.2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States.

● But, all the negotiating states, which include the UK, have not given such consent.

● Could the UPC Agreement be amended to allow entry into force without UK ratification? Article 39 allows amendment?

Article 39: A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except insofar as the treaty may otherwise provide.

● It requires agreement between the parties. That includes the UK.

● Is there such an agreement?


As readers may have noticed, we barely mention the UPC anymore, just as we promised over a month ago. It's not getting anywhere, but lots of faked 'news' from Team UPC would tell people otherwise; we mention those pieces in Daily Links along with remarks to debunk them (it's relegated to that because it's just not worth the mention anymore). As we wrote back in July, citing or directly quoting an EPO insider: “There is No Longer a Legal Context and No One Left to Implement It and Nothing to Be Rescued.” Weeks ago we were given an insider story about ‘Fraudlinger’. It's really sad that Europe's second-largest institution is run by a bunch of liars and frauds.

Recent Techrights' Posts

Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
 
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025