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

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026