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

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
 
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026