Bonum Certa Men Certa

Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

Video download link



Summary: It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that's hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)

Biden Trump: Stole his thunder; Wants to stop the 'steal'

EVERY now and then we stumble upon misinformation, half-truths, and outright lies about the EPO and UPC. It's counterproductive and harmful to those who do it; lies provoke people and beget responses, which in turn disgrace lie tellers. Look no further than the very major blowback in the comments regarding Team UPC's spin after the ratification efforts have again been tossed out (32 comments at the moment, almost all of which negative, except Team UPC showing up in the comments if or when it feels courageous enough to speak). It seems like Bristows LLP not only writes misleading blog posts (anonymously of course) but also comments on those posts. It's like an army of shills and liars. They turn their entire firm into a laughing stock. Earlier today we saw other sections of Team UPC trotting out those same lies about UPC being merely "delayed" -- an utter lie they certainly tell their clients in order to save face. What will happen when clients realise that money they paid those firms was deposited in a sewer of lies? Money down the drain, almost literally...

Invoked the constitution, spread rumours about him being 'funded by Russia'The above video also speaks about "ViCo", which is not legal for reasons we explained here several times before. Not only have the Boards of Appeal lost their independence; stakeholders too don't enjoy fair trials and due process. That's of course perfectly fine in the eyes of Rose Hughes (AstraZeneca) whose latest article is a megaphone for those who agree with the employer. Due process? EPC? Not interested...

To quote:

The COVID-19 pandemic will change many aspects of life as we know it. One particularly prominent change has been the accelerated adoption of video-conferencing (VC) as a risk free way of ensuring business continuity. The European Patent Office (EPO) has not been left behind, with the ready adoption of oral proceedings by VC as the new norm. However, the European patent community is divided over whether this is a welcome and inevitable modernisation of EPO proceedings or a dangerous erosion of the right to be heard that should not outlast the pandemic.

Before COVID-19, all EPO Opposition Division and Boards of Appeal oral proceedings required in person attendance at the EPO by all the parties. The global pandemic, and the accompanying plethora of national lockdowns and travel bans across Europe, initially caused all in-person oral proceedings to be postponed. To keep the business of the EPO going, the EPO was forced to transition to oral proceedings by video-conference (VC). It now seems, with the introduction of a new rule of procedure of the Boards of Appeal, that oral proceedings by VC might well become the default from now on.



No, the EPO was not "forced to transition to oral proceedings by video-conference" as it was a choice to bypass the law and then make it permanent, even against the will of involved parties.

It is hardly surprising that -- quite frankly as usual -- the comments are dissenting (at least those that were permitted/authorised to appear).

Proof of the pudding wrote:

It is difficult to know what to make of the submissions from CIPA and the IP Owners Association. I know for a fact that members of both have expressed views directly contrary to the submissions made by the organisations (for example, Bardehle Pagenberg is currently listed as a member of the IP Owners Association).

It is also worth noting that the submission of Business Europe was strongly against the making VICOs the default mode, and that the submission of epi advocated (again) making face-to-face the default mode as soon as the pandemic is over.

The most remarkable thing about the consultation exercise, however, is that the EPO has not commented upon the CONTENT of the submissions that it received. Combined with the extremely short period (2 weeks) that stakeholders had to prepare and submit their comments, this is both extremely unusual and highly suspicious. Why bother asking for comments if you are not going to reveal which changes were made in the light of those comments, and why those changes were made?


SUEPO has not said anything since last year, but certainly it can relate to that comment, which mostly echoes the sentiments of EPO staff. Here's another new comment:

As per the post ending hint, the debate is inevitably affected by (heavy) business considerations. As long as the ViCo was presented as an emergency - thus, intrinsically pro tempore - solution to hold OP so as not to freeze EPO business, that's fine. But taking advantage of the situation to draconianly eternalize ViCo, all the more (probably? Need to see how the "appropriate" will be construed) as default option, leaves me uncomfortable. Forgetting for a second the diverging interests of UK and German firms, the key point to me is whether EPO stakeholders feel that moving from in person to ViCo OP may lead to an unfair treatment by the EPO or a risk for legal/technical misunderstanding of the party's arguments. If this is the case, yes, the change is negative and should be strongly opposed. But if the argument is simply that the importance of the proceedings in writing would overwhelm the OP, then I see little room to complain. We are brutally invited to play a different game, with different rules. Personally, I would have adopted different solutions for ex parte and inter partes proceedings. Also, the fact that the UK firms are against a mixed solution makes me think that that being physically in front of the Board – assuming the Board is in the EPO premises, of course – is somehow perceived as being advantageous (or maybe only preferable to have your client accept a negative decision)


As I explained in this video, the most disheartening thing (to me at least) is how this blog, IP Kat, turned from critic of EPO management into its cheerleader. The likes of CIPA infiltrated the blog, adding to the likes of Bristows and AstraZeneca. No wonder the media is so worthless in this area/domain and most of the signal (facts, not noise and lobbying) has been relegated to comment sections.



Recent Techrights' Posts

Speed of GNU/Linux
The media seldom speaks of the dangers of "proprietary software"
Proprietary Windows Versus "Linux" News (Trying to Keep People on Windows, Never Exploring GNU/Linux)
Good editors know better how to recognise threats and not give them lip service
Ensuring That Every Computer User Anywhere in the World Can Take Control of All His or Her Computers
We must fight the people who attack general-purpose computing, in particular those who push this agenda very aggressively inside Linux
Gemini Links 28/04/2025: Autism and Structural Navigation
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: The Purge, the Cover-up, and the Witch-hunts
OSI has gone "full Microsoft"
 
If Tesla Shares (and Alleged Value) Fell 55% (From $489 to $222) in a Few Months Maybe It's Not Worth Anything At All (It's Just Gambling)
Tesla swasticars have turned from a "status symbol" into a "public embarrassment" and cause for casual humiliation
Coming Soon: Microsoft Fake Results, Mass Layoffs, and Silence About All the People Microsoft Pressured to "Quit" (So That They Don't Get Counted as Layoffs)
there will be more mass layoffs
Chromebooks' Adoption in Sweden No Longer Depends on Schools
School breaks are when classrooms are shut
No, IBM is Not Investing $150 Billion in the US and It Doesn't Even Have That Kind of Money
Here we go again... media as a vehicle of lobbying and misinformation
Leak: The EPO's General Consultative Committee (GCC) Does Not Consult Staff on Crucial Matters and Bypasses the Administrative Council (AC) to Do Illegal Things
violations against the EPO's very staff
New Leaks Coming Soon, We Maintain 100% Record of Successful Resistance to Censorship
We won't be told what we can and cannot say (especially when it's true)
Central African Republic (CAR): Vista 11 is Only ~0.2% Market Share
99.8% to go!
BSD and GNU/Linux Replaced Microsoft in Secure Servers, All Microsoft Has Left is LLM Slop for Fear, Uncertainty, and Doubt (FUD)
the FUD machine never rests
Gemini Links 28/04/2025: A Simple Task Tracking and Auto-Prioritization Tool and Other Programs
Links for the day
Links 28/04/2025: Canada's Election, Pakistan-India Conflict
Links for the day
Glue Inside Your Pizza (or Why People Will Get Fed Up With Slop)
People are given "answers" from non-intelligence word dumpsters
Links 28/04/2025: Cyberattacks Happening, Chatbots Disappointing, and "Free Speech Under Fire"
Links for the day
Phone Adoption Very Low in Vatican, Windows Usage Fell Nonetheless
Even in places where people still use desktops/laptops most of the time (and have access to these) Windows is gradually losing ground
GNU/Linux 9% in Cuba, Vista 11 Waning, Android Dominant
Microsoft has pretty much lost Cuba
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 27, 2025
IRC logs for Sunday, April 27, 2025
In 24 Countries Observed by statCounter Vista 11 is Still Less Than a Quarter of Windows Users Despite All Other Versions Being 'Expired'
They ought to move to GNU/Linux
Links 27/04/2025: Pope Goodbyes, "Politics of Fear", Slop Redux and More Google Shutdowns (Google Debt Had Grown This Year)
Links for the day
Links 27/04/2025: Serenity Dialectics, Hockey Jersey Ethics, and More
Links for the day
Links 27/04/2025: Death of Nest Thermostats, Death of Metaverse
Links for the day
Links 27/04/2025: Projects Workflow and Discovering Technology
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 26, 2025
IRC logs for Saturday, April 26, 2025
Microsoft Isn't on the Map in USSR
To them, it's either Google or Yandex
In Central America Windows Became a Small Force
These are countries where Windows used to have well over 95% of the "market"
What's Very Vexing to GAFAM, EPO and Others Is That It's Incredibly Hard to Censor Us (and Nobody Ever Successfully Did That Before)
resist, do not capitulate
Site May be Even Faster Now
It basically takes less than a tenth of a second to serve the page
Receiving SLAPPs and Collecting Them Like Trophies (the SLAPPs Always Fail)
People who file lawsuits bring even more attention to themselves (or to embarrassing statements about them)
Year of GNU/Linux on the Laptop?
It's not happening only in Lenovo
What People Must Understand About the Open Source Initiative (OSI)
some facts about the Open Source Initiative (OSI)
Many of the Scandals Are Interconnected (Overlapping People and Corporations)
We're only getting started
More Copyright Lawsuits Against LLM Slop Providers and Suppliers of LLM Slopfarms Would Benefit Society
It's not just bad for the Web and for society; it's also legally dangerous
Links 26/04/2025: General Assassinated in the Town of Balashikha, US Promoting Seafloor Mining
Links for the day
Links 26/04/2025: Facebook Layoffs Again, Remembering What's Real, and Say No to Mass Surveillance
Links for the day
Links 26/04/2025: NOAA Budget Cuts and "Dog Days Ahead"
Links for the day
In defence of JD Vance, death of Pope Francis
Reprinted with permission from Daniel Pocock
Three Years in Prison for Disney Employee’s ‘Menu Hacking’: The Economic Fallout of Digital Menus
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 25, 2025
IRC logs for Friday, April 25, 2025