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

Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
 
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock