Bonum Certa Men Certa

Jesper Kongstad's Last Day is Today, But the EPO Remains a Sordid Mess Like the UPC

At the EPO Willy Minnoye, Ciarán McGinley and soon more are the likely casualties of a dysfunctional EPO

Trump staff leaving



Summary: More high-level EPO staff leaving; the outlook, however, does not look promising, for nothing suggests a change of direction or strategy

Jesper Kongstad is over. Today is his last day. Several months ago we broke the news (in English), months after we had published this series about his conflicts. Unemployed or retired years too early? We don't know. We heard from reliable sources that he had been pushed out.



Today, a Saturday oddly enough, is Jesper Kongstad's last day both at the DKPTO and the EPO (at least at his capacity as Chairman, though we assume that by leaving his NPO he also ceases to serve as a Danish delegate). Where do we go from here? Well, the most prominent German delegate (head of it) is now becoming the new Chairman and thus the 'boss' of Battistelli. As we explained back in summer, we don't expect much to change until Battistelli's departure next summer. We certainly don't expect the UPC to come to fruition by then. "Torpedos seem to become more common in patent cases," Juve's UPC expert wrote. "But the most effective one was fired off by Björn Stjerna. #UPC challenge at Karlsruhe." The FFII is currently trying to get a copy of Björn Stjerna's challenge. There are more challenges on the way and the deadline is a month away.

"As we explained back in summer, we don't expect much to change until Battistelli's departure next summer."Don't expect any progress on the UPC this year. Those who claim progress typically have something to gain from such a lie. We're talking about firms such as Bristows and EPO media 'friends' (sometimes paid by the EPO) like Managing IP or IAM.

Yesterday, Managing IP published this self-serving garbage from Bart van Wezenbeek. It's just UPC lobbying 'dressed up' as an article. To quote some bits:

The appeal against this decision from BD was also rejected and the patent was maintained as granted.

[...]

The decision on basis of extended subject matter is remarkable, since the interpretation of the technical content of the claims deviates from the interpretation of the Board of Appeal of the EPO. According to the Dutch court the intended interpretation as now used for the claims was not directly and unambiguously derivable from the application as filed.

Although a number of court cases (including the present Dutch one) have not been finally decided and appeals are pending, the case again illustrates that national courts and the EPO Board can come to deviating decisions on the same European patent. The case thus again illustrates the need for a Unified Patent Court.


How many more of these pieces need we see? They're attacking EPO boards (like Battistelli does) to promote the UPC. The Dutch firm that the author works for is V.O. Patents & Trademarks, which arrogantly pretends that the UPC is coming soon. Another firm which has been doing this is Marks & Clerk, which not only promotes software patents but also habitually drops lies about the UPC (we have given many examples of that). Based on this new article from them, Marks & Clerk also object to patent quality. Watch what they has just said:

Decision T 488/16 of the Boards of Appeal of the EPO has been published setting out the reasoning for the revocation of European patent number EP1169038 protecting the anti-cancer drug dasatinib (Sprycel€®). The Decision represents an interesting development of the doctrine of “plausibility”, particularly in relation to small molecule pharmaceuticals.

The patent owner had sought to defend the patent on the basis of just one claim directed to the single compound dasatinib. The novelty of this compound was not in dispute, and the case hinged on the extent to which the patent owner was entitled to rely on the activity of the compound (as a PTK inhibitor) as a technical effect when seeking to establish an inventive step.


We remind readers that many EPO staff (notably examiners) are under attack because of the UPC. The management does not seem to mind destroying the Office and the EPC, as long as at the end it gets its way.

Why is the media not covering this? We mean mainstream media, not some blogs here and there.

"Why is the media not covering this? We mean mainstream media, not some blogs here and there."As a reader from the Netherlands put it recently, "if anyone bothered... maybe our government bribes people not to publish about it? The ruling liberal party (VVD) certainly promotes a "positive climate" for big industry and IOs, in the interest of some SMEs (restaurants, retailers, bakers, etc in this region of NL) which mainly make a living from selling to the EPO and its staff. It does not interest them that many others (including EPO staff) suffer."

"This is similar to what has been happening in the Eastern District of Texas," I responded. For those who don't know, the judges in Texas openly and blatantly twist the law in an effort to attract aggressors and patent trolls (big business there) -- a subject we shall certainly cover later this weekend. The UPC too paves to way to a sort of 'Eastern District of Texas' in Europe. That's hardly even a secret.

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
 
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025