Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

Previously in this series:



The kangaroo judges
G 1/21 is likely to be just another pro forma rubber-stamping exercise.



Summary: Half a decade after Benoît Battistelli 'kidnapped' and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself

This time the story is connected to the "new normal" at the EPO and plans of the management to impose oral proceedings by videoconference, in particular in circumstances where the parties don't consent to the use of such a procedure.



The case is G 1/21 (warning: epo.org link) and the crucial referral question reads as follows:

"Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?"


Back in February of this year, IPKat began reporting on the case under the headline

"BREAKING: The legality of Board of Appeal oral proceedings by video conference has been referred to the EBA".

This was followed up by two further posts in March:

"BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral"; and

"Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21)".

It seemed like the blog was finally starting to show signs of awakening from its Kat-atonic torpor and recovering some of its long-lost critical faculties vis-à-vis the already deeply entrenched and ongoing erosion of the rule of law at the EPO.

"Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through."In particular, IPKat recognised that the "hasty scheduling of the oral proceedings with limited time for third parties to comment, and (…) the potential conflicts of the appointed members of the Enlarged Board" had given rise to a significant amount of legitimate public criticism.

Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through.

Much of the criticism in the comments following the articles has been directed at Carl Josefsson.

"It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance."In his capacity as President of the Boards of Appeal, Josefsson was directly involved in the introduction of the disputed amendments to the Rules of Procedure. His involvement in the amendment procedure is foreseen under Rule 12c(2) EPC (warning: epo.org link).

It seems that Josefsson is now insisting on playing a key role as Chairman of the Enlarged Board in deciding whether or not the amendments which he himself proposed are compatible with the European Patent Convention.

It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance.

As things stand, the procedure in G 1/21 is unlikely to be anything more than another pro forma rubber-stamping exercise.

"But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May."The only useful purpose which it is likely to serve is to provide a further "exhibit" in the mounting pile of evidence of a serious erosion of the rule of law at the EPO and a failure by the organisation's main judicial body to comply with even the most elementary standards of judicial independence and procedural fairness.

But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May.

In the next part we will present the composition of the judicial panel entrusted with deciding the controversial referral case G 1/21.

Recent Techrights' Posts

Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
Links 24/02/2026: Telephone Turns 150, Political News Catchup, and Rearmament
Links for the day
Probably IBM's Worst Day in Wall Street in Well Over a Decade
They try to blame some Anthropic slop, but that's just a distraction from IBM having nothing to offer
Security and blobs, by Alex Oliva (GNU Linux-Libre)
Reprinted with permission from Alex Oliva
Techrights Thanks Every Single EPO Worker Who Went on Strike Today
We have so much in common
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
 
IBM Did Not Fall Because of COBOL Vapourware, IBM Still Collapses Because It's Worthless, Way Overvalued, and Very Likely Cooks the Books
language-to-language conversion (in the context of programming) is nothing new
Links 24/02/2026: Copyright Litigation Over Anne Frank’s Diary, "Arrogance of Developers"
Links for the day
Another New Low for Solicitors Regulation Authority (SRA): Authorising Slop Disguised as "Legal Advice"
SRA is a lapdog - not a watchdog - of the "litigation industry"
EPO "Cocaine Communication Manager" - Part IV - "Many Jobs Were Given to Spanish Employees for No Related Skills At All"
The EPO's fate might be similar to that of the XBox
Gemini Links 24/02/2026: Hardware Tinkering and Slop Bots Attacking the "Small Web"
Links for the day
IBM is the World Champion at Layoffs and There Are Reportedly More Layoffs in IBM This Month (EU)
IBM fired 60,000 in 1993
Free Software is for Everyone
Young and old, rich and poor etc.
Gemini Links 24/02/2026: Voltage Divider on Slide Rule and Many Raspberry Pi Projects
Links for the day
Asha Sharma "a Palliative Care Doctor Who Slides Xbox Gently Into the Night"
2026 will probably be the last year of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 23, 2026
IRC logs for Monday, February 23, 2026
The Monday After the 9PM-on-Friday Prepared Puff Pieces-Under-Embargo Microsoft Strategy for XBox Collapse
There are more layoffs ahead at Microsoft's XBox
Kyndryl Also in a Freefall Today, James Kavanaugh's Accounting Skills Seem to be Based on Pumping and Dumping
What is the real value of Kyndryl when its debt is about twice its alleged "worth"?
Not Much Left to "Pump" in This Slop Bubble
let's hope that by the end of the year the whole bubble fully implodes
IBM Common Stock Crashes Hard (Almost $100 Below the Levels of February's Beginning)
Another Kyndryl?
Links 23/02/2026: Withdrawal From Slop and Ukraine Invasion Enters Fifth Year
Links for the day
Gemini Links 23/02/2026: Moving to Gentoo, Wake-on-LAN Script
Links for the day
Kyndryl Fell by About 50% in One Day, IBM Fell 23% in 20 Days
the IBM Titanic
Trusting the Evil Maids
Don't listen to liars and frauds
Aaron Swartz Has Already Explained What Reddit/Conde Nast Meant to Him and Why We Should All Avoid Reddit If We Value Software Freedom
Aaron Swartz did not start Reddit
Valnet's Good Legacy of GNU/Linux Advocacy in Journalism Form
Let's hope they carry on like this
Coders and Thinkers
I used to be a hyper-productive coder; these days I do more thinking and writing
Slop (So-called 'genAI') is Not a Skill, Slop Gets You Suspended or Even Sacked, It Can Eventually End Your Career
Benj Edwards, a so-called 'Senior' so-called 'AI' so-called 'Reporter'
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026