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

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
 
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025