Bonum Certa Men Certa

Breaking: G1/21 (ViCo Hearing) Going Down the Drain

Drain



Summary: The crisis of legitimacy inside the Boards of Appeal has caused today's hearing to be postponed, maybe indefinitely (pending a solution to this crisis/deadlock)

SO it finally happened!



"By extension, the credibility of any claims of independence for Boards of Appeal judges is now at historic lows (or worst since the kidnapping of Judge PC)."Stick a fork in it, it's done!

OK, as a quick recap, a few days ago we finished our 20-part series about G1/21. Rose Hughes and comments on her blog posts played a role in getting the scrutiny up to speed. Techrights threw a wrench (as did many others) and the kangaroo court sort of 'died', albeit it'll never acknowledge what caused it. By extension, the credibility of any claims of independence for Boards of Appeal judges is now at historic lows (or worst since the kidnapping of Judge PC).

In the words of Dr. Hughes (minutes ago):

The Enlarged Board of Appeal (EBA) has decided to reschedule oral proceedings for G1/21 due to a procedural technicality. The referral concerns the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties. However, the substantive issues in the referral were not considered today. Instead, the EBA accepted a request from the Opponent for postponement of proceedings. The Opponent particularly objected that they had not been given sufficient time to consider the President's submissions on the referral, given that they had only received formal notification of these submissions a few days before the hearing.

G1/21: Case catch-up

The new rule of procedure of the Boards of Appeal (RPBA), Article 15a, was introduced earlier this year. Article 15a RPBA permits a Board of Appeal to hold oral proceedings by ViCo whenever "the Board considers it appropriate to do so". The rapid introduction of this new provision sparked considerable controversy, given that it permits Boards of Appeal to hold oral proceedings by ViCo even when one or more of the parties disagree. Whilst most commentators have accepted the necessity of ViCo proceedings during the COVID-19 pandemic, concerns were raised that access to justice before the EPO requires a party to have the right to put their case in-person.

The referral in G1/21 asks whether Article 15a RPBA is compatible with the right to oral proceedings as enshrined in Article 116(1) EPC. The referral itself stems from appeal of the opposition decision to maintain EP1609239 in amended form (T1807/15) (IPKat).

[...]

The EBA was clearly concerned that a decision on the legality of mandatory ViCo proceedings should not be unnecessarily delayed, given the potentially large number of affected cases. The Opponent was therefore asked how long they would require to consider the President's submissions. The Opponent responded that they would like at least 1 month. The EBA accepted this request, and oral proceedings will be rescheduled for June-July in order to allow the Opponent to make further written submissions.

It thus seems that, in the Enlarged Board's admirable attempt to provide legal certainty on ViCo proceedings as soon as possible, certain procedural rules have been overlooked. We will therefore have to wait a little longer to hear the arguments on the substantive issues of the referral. However, on the plus side, at least the parties will not have to travel all the way back to Munich to attend the rescheduled hearing...


Amy Sandys has also just commented on this:

At the beginning of 2021, the European Patent Office and EPO Boards of Appeal changed their practice. Previously, the office could only conduct oral proceedings via video with the consent of both parties.

However, from January 2021, the office made it possible for video proceedings to go ahead even without the consent of both parties.


The above aren't patent sceptics but maximalists. Maybe deep inside they worry about the very viability of these courts, which they wanted us to wrongly assume had operated smoothly and happily. There has been no Haar-mony there for a long, long time.

The Administrative Council needs to step in an examine what happened to EPO management under Benoît Battistelli's and António Campinos's regime. They clearly undermined the legitimacy of about a decade's worth of BoA decisions. Battistelli lost his cool about 8 years ago and now we have loads of discredited decisions, including some on European software patents. Getting back to the drawing table is well overdue. Doing illegal things for so many years, hoping that rigged courts will then rubber-stamp them, is what we can expect from primitive societies, not the very heart of Germany. Speaking of Germany, Merkel is lying again. Old mythology is being spread in the news today. As we noted before, Merkel and her colleagues also protect the "Mafia" at the EPO and cover up/hide the crimes at the EPO (in Germany) because of financial interests. Merkel's latest remarks are bound to infuriate billions of people who cannot be vaccinated due to patent monopolies. Those who echo the same talking points (as one comment in IP Kat did yesterday) basically spread a very racist lie. They want us to think that given knowledge and equipment poor countries still cannot manufacture thei own vaccines. As if people in those countries are brutes and animals or something...

Recent Techrights' Posts

European Patent Office (EPO) Reformation Project
It's a stain on the EU's reputation
Slopwatch: Google News and Other Slopfarms
Google News is rewarding sites that misuse LLMs and cheat the Web
Moral Standards From the Masters of Linux
They get hung up on minor language issue and promote this crazy theory that racism will go away if only everyone spoke a little differently (no matter where he or she came from)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 14, 2025
IRC logs for Thursday, August 14, 2025
"Article 52. PATENTABLE INVENTIONS" in the European Patent Convention
Some time tomorrow we'll have a complete local copy of the EPC
Serial Slopper (SS) Still at It, Still Misusing Plagiarism Tools and Cheatware for Images and Text About "Linux"
All the slopfarms are a very big problem
Reddit Deletes Stuff, But Not for Being False or Misleading
Yet another one of those articles that speak of a man in his 50s as if he's terminally ill
Times of India and India.com Are Clickbait and LLM Slop
Google continues to reward bad actors
The More "Market Share" Microsoft Loses, The Higher the Shares Go
People joke about the same sort of thing in relation to IBM
To OIN, Software Patents Are Not a Problem
Had software patents ceased to exist, OIN too would cease to exist and its staff would be unemployed.
Microsoft's Bankruptcy in Russia is Only the Beginning
Due to politics it mostly makes sense that Windows is being phased out, also in part due to policy changes
Microsoft-Funded Publishers Lied to Us About Vista 10 and Now Advocate Us Owning Nothing
They want you to own nothing, but they also want you to buy a PC on which to become Microsoft's slave and they make it harder if not practically impossible to remove Windows
Articles Promoting and Celebrating Wayland Are LLM Slop
New example (100% slop)
The Register MS, Dominated by American Editors, Says UK Should be Run (Digitally) by Microsoft US
The Register MS is sponsored by American money, run by Americans, and its chief editor is a Microsofter from the US
Gemini Links 14/08/2025: Drought, Climate Experiments, and LLM Slop Considered Detrimental
Links for the day
Links 14/08/2025: Second-hand ThinkPad and Enhanced Surveillance on Chipsets from the United States
Links for the day
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025