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

Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
 
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026