Bonum Certa Men Certa

Boards of Appeal Still Under Attack From Team Battistelli While the EPO Proceeds to Granting Patents on Carlsberg BEER!

Good for Denmark, where crooked Kongstad still manages the national patent office

Kongstad beerSummary: The lunacy of the EPO with its patent maximalism will likely go unchecked (and uncorrected) if Battistelli gets his way and turns the EPO into another SIPO (Croatian in the human rights sense and Chinese in the quality sense)

A COUPLE of days ago we warned that the EPO is replacing well paid (and experienced full time) staff with interns. There's a pattern to it and yesterday (again) the EPO tweeted this: "This programme allows participants to learn by "shadowing" technical board of appeal members..."



These boards have been intentionally understaffed for years (Kongstad and Battistelli didn't seem to bother advertising to fill up vacant positions) and now they want some temporary workforce to replace skilled staff? This is part of a pattern that staff representatives have been warning about for a while.

"This is part of a pattern that staff representatives have been warning about for a while."As we noted here last week, the Enlarged Board of Appeal does invaluable work keeping the scope of patents in check (see this latest coverage about its key decision [1, 2, 3, 4]; an article by Julian Asquith of Marks & Clerk was also reposted in another site of lawyers two days ago) and the last thing Battistelli wants right now is a bunch of independent staff stating out in public that he has demolished patent scope. Who would be brave enough to state the obvious, seeing all the ordeals/suffering one judge -- along with his wife -- has been subjected to for over two years (his salary too got slashed a few months ago)?

Mr. "production" Battistelli strives to only ever demolish the boards, little by little (because his actions are still technically limited by the EPC). It doesn't take a genius to assess the trajectory of things and deduce that Battistelli wants an Office with no quality control and nothing independent, having already demolished and even shut down some auditory divisions. No king/autocrat wants to have his power questioned, let alone effectively challenged.

We have already written about the exile, the fee hikes, shortened appeal window, the intimidating manner in which Battistelli tries to compel staff to fire a colleague and so on. Marks & Clerk has just produced this this new article about when it will be "too late to file submissions with the Board of Appeal at the EPO" (Battistelli shortened and limited this even further, probably in an effort to further marginalise these boards). To quote this article:

In T 416/12, the Board of Appeal at the European Patent Office (EPO) considered the admissibility of amendments submitted by the patent proprietor made 29 days before the date of oral proceedings. Whilst it is possible for the Board to admit such submissions, it was ruled that the amendments in question should not be admitted since it was too late to fairly deal with the submissions at the impending oral proceedings. The patent was subsequently revoked. This case provides confirmation as to how the relevant regulations may be interpreted regarding the timeliness required for filling submissions before oral proceedings at the EPO.


Well, how much time is left for the BoA (whatever is left of it) to even exist after Battistelli is done burning the whole Organisation to the ground? Time is running out. The other day we saw a new article by BRIFFA about Carlsbergate -- a little scandal which we covered here last month [1, 2]. To quote the article:

Are Carlsberg's New Beer Patents Controversial? Probably …



This year, the European Patent Office (EPO) granted three new patents to Carlsberg (EP2384110, EP2373154 and EP2575433) relating, broadly, to the harvest of kernels from barley plants, the process for brewing and the drinks produced by these methods. European patent law prohibits patents on plant varieties and breeding; however, notwithstanding these prohibitions, the patents have been granted by the EPO.

The European Commission has stated that plants and animals resulting from essentially biological breeding should not be patented. Accordingly, there have been calls for Carlsberg to voluntarily relinquish the three patents on the basis that there should be no patents on beer and brewing barley since the cultivation of plants and beer brewing stems from a tradition that is centuries old. There have also been calls for European governments to bring the EPO under political control.

It remains to be seen whether the EPO will respond to statements made by the European Commission and the European Parliament and whether Carlsberg will respond to calls to voluntarily relinquish the patents.


Well, Kongstad's high society Danish friends must be happy. Maybe they can have a good laugh (and a drink of Carlsberg!) over this, maybe in his chichillas slaughterhouse this cold winter. Kongstad is evidently uninterested in taking any action amid this EPO crisis, no matter how much pressure comes from politicians, from staff, from stakeholders, from labour rights groups, from ILO/UN, and from people all across Europe. Earlier this year someone passed to him a polite letter from me and suffice to say -- as usual from Kongstad -- he didn't even bother replying. He only replies indirectly and by attacking style, not substance. Given that he knows Battistelli's salary and constantly helps cover Battistelli's behind, there is no doubt Kongstad is inherently complicit, much as we alleged even back in 2014.

The EPO is so rotten right now that with the help of yeast we can probably make Battistelli intoxicated enough not to see it and maybe we can even patent this method at the Battistelli-led EPO (an EP on a method for making a naked emperor drunk enough not to realise he's naked).

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Red Hat's Official Site Yesterday: Promoting 'Secure' Boot in Machines You Don't Own or Control Anyway
"To be clear, CentOS Linux no longer exist"
Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 18/07/2024: Retroactively Pseudonymised Litigant and Alberta’s Energy ‘War Room’
Links for the day
Gemini Links 18/07/2024: A Welcome to Gemini and Politics of Assassinations
Links for the day
Fabian Gruenbichler & Debian: former GSoC student added to keyring
Reprinted with permission from Daniel Pocock
Links 18/07/2024: ORG Complaint to ICO About Facebook, Korean Double Agent Unmasked
Links for the day
Joel Espy Klecker & Debian on Joe Biden's health and Donald Trump's assassination
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 17, 2024
IRC logs for Wednesday, July 17, 2024
Links 18/07/2024: Hostname Pedantry and Retro Coding
Links for the day
Fedora Week of Diversity (FWD) 2024 Attracting 0.01% of the IBM Staff "Was a Success"
They expect volunteers (unpaid slaves) to do the PR for them...
African's Largest Population (Nigeria) Approaching 80% Android "Market Share" Amid Steady Monthly Increases While Microsoft Has Mass Layoffs in Nigeria
Microsoft- and Apple-sponsored Western (or English-speaking) media chooses to ignore that or treat it as irrelevant (a racist disposition in its own right)
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day