Bonum Certa Men Certa

Judge and Justice Bashing in the United States, EPC Bashing at the EPO

The EPO took it even further by illegally suspending a judge, putting him on a "house ban" with no foreseen redemption

Gorsuch on Trump Reference: SCOTUS Nominee Gorsuch Calls Trump’s Judge-Bashing ‘Disheartening’ and ‘Demoralizing’



Summary: Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges

THE informal mouthpiece (still) of the EPO, IAM, published this article just before the weekend. It's about a Supreme Court decision (impacting courts more than the USPTO) which can help patent trolls. IAM was of course jubilant and the article boils down to the typical IAM propaganda. It's just a selection of quotes from just one side of the argument. It's propaganda disguised as news.



Trolls' and maximalists' news [sic] sites quote only other trolls and maximalists, as might be expect. But what's noteworthy is the following part in which a former USPTO Director says that the "so-called judge" (infamous phrase from Trump) is a hypocrite. IAM uses that to attack (mind the headline) a nonconformist (patent sceptic) Justice, Mr. Breyer, whom the patent microcosm likes to attack over Alice and the his remarks on the Lexmark case. Here is the relevant part:

One critic, former USPTO Director Todd Dickinson, now a partner at Polsinelli, pointed out what he sees as the hypocrisy in Breyer’s comments in SCA and Star Athletica, and the court’s recent mangling of the law around patent eligible subject matter.


Notice how IAM is quoting some of the worst trolls but not actual industry people (producers and productive firms, i.e. anything other than parasites). We have grown accustomed to this, particularly from IAM.

Patent maximalists want more patents, more lawsuits, and more money for themselves (the latter requires more of both). They couldn't care any less about the raison d'être and core purpose of patents as originally envisioned. They're like clueless Battistelli, who would have us believe that converting a fine patent examination office into a rubberstampting operation like INPI is a great thing, even if that entails decrease in applications and devaluation of EPs. He's a hyperinflation politician, not a President; he's a tyrant like Mugabe and his impact on the EPO is already devastating (brain drain, reputation issues and so on).

Facing the reality of the EPC, the EPO already acknowledged it had granted bogus patents on plants/seed and then decided to stop it (very belatedly and probably due to mounting public pressure). The EPC is like the constitution to examiners, but they are bossed and instructed by Battistelli loyalists, not a legal document. There is clearly a constitutional crisis here, hence the need for whistleblowers.

Tobias Cohen Jehoram, Tjibbe Douma, Gertjan Kuipers and Oscar Lamme from De Brauw Blackstone Westbroek N.V. have just published this article about it. They also take note of the EPC towards the end, along with the EU Biotech Directive:

The patentability of plant varieties has been a recurring topic of discussion over the years. Despite some pro-patentability decisions by the European Patent Office, the European Commission recently set out its restrictive views on this subject in a Notice. This led to the European Council stating its Conclusions on the Notice in February 2017. The outcome is clear: both EU bodies conclude that no patents should be allowed for plant products obtained through essentially biological processes, for example genetically modified plants.

[...]

Under the EU Biotech Directive and the European Patent Convention (EPC), plant varieties and essentially biological processes for the production of plants are not patentable. Plant varieties can be protected by "plant variety rights", which grant exclusivity to the right holder while leaving room for others to use the protected material as a starting point for further breeding (the breeders' exemption).

The EPC is a non-EU convention and the Biotech Directive was implemented in the EPC by the EPC Implementing Regulations. Those Regulations also provide that the examining and opposition divisions of the European Patent Organisation (EPO) use the Directive as a supplementary means of interpretation when examining European patents and patent applications for EPC compliance. In addition, the EPO Guidelines provide that judgments of the Court of Justice of the European Union on the interpretation of the Directive may be "considered as being persuasive".


Also take note of this Turkish law firm writing about the EPC in relation to Turkey; this was published already in IAM and we took note of it the other day. We bemoaned the wrong assumption that the EPO was still following and obeying the EPC; the judges whose job it is to enforce this have already complained openly that they are unable to do it under Battistelli.

Battistelli's men have already gloated that they would disregard court rulings, they pretty much ignore ILO rulings, and much like Recep Tayyip ErdoÄŸan they oust or drive to exile judges whom they don't agree with.

Recent Techrights' Posts

2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024