05.12.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 1: Rumours of a Kangaroo Court at EPOnia

Posted in Europe, Law, Patents at 1:15 am by Dr. Roy Schestowitz

Carl Josefsson's kangaroo court
Is Carl Josefsson presiding over a kangaroo court?

Summary: EPO‘s President Benoît Battistelli viciously attacked judges and slandered judges; António Campinos adopts a more ‘soft power’ approach, but nevertheless the impact is the same

Almost two years have passed since Techrights published the mini-series "EPO Looney Tunes" which explored the “difficult legacy” of Battistelli’s Boards of Appeal “reform”, in particular the banishment of the Boards to Haar.

That mini-series reported on the referral case G 2/19 in which the Enlarged Board had to deal with the question as to whether or not oral proceedings could lawfully be held in the municipality of Haar adjoining Munich.

As predicted, the Enlarged Board ended up confirming that the holding of oral proceedings in Haar was in compliance with the EPC, thereby effectively rubber-stamping the exile of the Boards from Munich in accordance with controversial scheme conjured up by Battistelli in 2016.

Since then the Enlarged Board under Josefsson’s management has cemented its reputation for “legal fudge” and “cakeism”, most notably following its decision in case no. G 3/19 in May of last year.

On the surface, case no. G 3/19 was about the rules governing biotech patenting but the decision of the EBA has far more general and wide-reaching legal and political implications which extend beyond any specific field of patenting.

“Hence, the decision of the Enlarged Board in case no. G 3/19 implies that the mechanism for amending the Implementing Rules can now be (mis)used by the Council as a convenient – but legally questionable – means for avoiding the bother of convening a diplomatic conference to revise the Articles of the EPC.”According to informed commentators, the doctrine of “dynamic interpretation” on which G 3/19 relied, basically opens the door to the EPO’s Administrative Council to change the EPC by amending the Implementing Rules.

It should be recalled that – in contrast to the Articles of the EPC which can only be changed by a diplomatic conference and the unanimous consent of all contracting states – the Implementing Rules can be changed at the drop of a hat by a simple majority of the Administrative Council.

Hence, the decision of the Enlarged Board in case no. G 3/19 implies that the mechanism for amending the Implementing Rules can now be (mis)used by the Council as a convenient – but legally questionable – means for avoiding the bother of convening a diplomatic conference to revise the Articles of the EPC.

This is because the Enlarged Board has effectively taken the position that the primary law of the EPC can be “dynamically re-interpreted” in the light of amendments to the subordinate Implementing Rules.

“Even IP Kat – which had been more or less neutered by Battistelli from about 2016 onwards – showed visible signs of discomfort at this development…”Such a position is completely at odds with the generally recognised principle of the hierarchy of legal norms – but this is EPOnia we are dealing with here, the realm of “legal anarchy”.

Even IP Kat – which had been more or less neutered by Battistelli from about 2016 onwards – showed visible signs of discomfort at this development and warned that “the fudging by the EBA to reach its decision in G3/19 will raise questions as to its functioning as an independent body, free from the political influence of the President and AC.”

The Enlarged Board has been back in the news again recently and once again questions are being raised about its compliance with fundamental legal principles such as judicial independence.

“As the date for the hearing approaches it seems like a good time to take a fresh look at the EPO’s Enlarged Board of Appeal to get a better idea about what is really going on behind the scenes in this landmark case.”This time the case number is G 1/21 (warning: epo.org link) and the IP blogosphere is buzzing with rumours of a “kangaroo court” procedure.

An oral hearing is due to take place on 28 May. [PDF]

As the date for the hearing approaches it seems like a good time to take a fresh look at the EPO’s Enlarged Board of Appeal to get a better idea about what is really going on behind the scenes in this landmark case.

Stay tuned for more…

EPO Summons to ViCo

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  2. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  3. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  4. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  5. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  6. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  7. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  8. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  9. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  10. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  11. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  12. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  13. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  14. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  15. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  16. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  17. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  18. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  19. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  20. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  21. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  22. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  23. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  24. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  25. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  26. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  27. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  28. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  29. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  30. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts