Bonum Certa Men Certa

The EPO in Violation of the EPC and Nobody Holds Anyone Accountable for Such Violations

Video download link | md5sum b8da83957e1ea46ad2b8acf1ec3f439f EPC Assassinated Creative Commons Attribution-No Derivative Works 4.0



Summary: Violations of the foundational document of the EPO have become so prevalent that one has to gasp and wonder if EPOnia is basically the EU's Kremlin (the dictators do anything they want, even in clear violation of the constitutions, with post hoc justifications and cover-up)

The Central Staff Committee (CSC) of the EPO has just circulated a latter dated yesterday, coming about 24 hours after the greenwashing of a likely illegal practice from Team Campinos. They bragged about not giving anything physical for a patent, as if this was about saving the planet or something, ignoring all sorts of laws as well as common sense.



Benoît Battistelli made violations of the EPC very routine (he also promoted European software patents using all sorts of lies, just as he did with the UPC), so why can't Team Campinos continue this tradition? Breton doesn't mind, so the EU is basically in their pockets. Illegality is being declared "legal" with no actual explanation or rationalisation.

To quote the CSC's message to EPO staff: "With the current implementation of the Patent Work Bench it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner and approved by all members of the division is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.

"It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the Patent Granting Process. It is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned.

"In this open letter, we therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC."

As promised when I recorded the above video (I always do the videos before any of the articles), we're converting the full text of the letter into simple HTML, which will be archived as text, then become richer plain text and GemText:

centralSTCOM@epo.org Reference: sc22025cl Date: 10.03.2022

European Patent Office | 80298 MUNICH | GERMANY Mr Steve Rowan Vice-President DG 1

By email

OPEN LETTER

Formal deficiencies in the fully electronic Patent Granting Process

Dear Mr Rowan,

Since 2020 the Office has developed, with impressive speed, tools to implement a fully electronic Patent Granting Process (PGP). One of the core tools to achieve this goal is the Patent Work Bench (PWB). The conversion to a fully electronic PGP must meet certain standards to be acceptable to both public and staff. We have concerns that the PWB currently fails to meet such standards, in particular as regards its compliance with the EPC.

Among other processes, PWB replaces the paper file flow within the Examining Division to authorise decisions to refuse an application, intentions to grant a patent, or summons to oral proceedings. The EPC requires that each of these actions be signed by all members of the division (Article 97(1) and (2) EPC, Rules 111 and 113 EPC).

However, the PWB is inadequate to meet the requirements of the EPC.

With the current implementation of the PWB it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner of the division and approved by the second member and the chair is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.




It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the PGP, should the public become aware of the unsatisfactory authorisation of electronic actions by the Examining Division. This situation is regrettable because it is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned, and to avoid embarrassing decisions and judgments (as, e.g., decision J16/17 or AT-ILO Judgments Nos. 1344 and 2417).

We therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee


It's too easy to lose count of the number of times (and ways) the EPO violates then EPC. Who will be held accountable for it? If nobody ever gets punished for it, why will that ever stop? Why does the world not sanction the EPO? Carte blanche for dictators and narcissists encourages them to do more of the same.

Recent Techrights' Posts

Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
 
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock