Bonum Certa Men Certa

The EPO is Breaking the Law and Its Employees Cannot Speak About It (Updated)

Like popes who suppress information about abuse

Benoît Battistelli at UIMPSummary: A truly extraordinary situation at the EPO, where laws are being violated in the name of so-called 'production' and truth is treated as "defamation" and attacked vehemently

SUEPO has just, for the first time in fact, mentioned denial of holidays by the EPO. We have been writing about it since early September and now there is this text about it in German [PDF].



SUEPO refers to it in English as "Abolishment of German National Public Holidays at the European Patent Office. Kurzgutachten zu den Rechtsfragen - For more information, read here. (German) The Europea [sic] Patent Office above national law." It says this while referring to this page from the site of the EPO. (warning: epo.org links may be a privacy risk)

Surely the staff is extremely upset about this. Some people thought about actions they might take, such as not showing up or demanding double pay for that day. Since the EPO cannot be sued (immunity), Battistelli will quite likely get away with it. He intends to do this again and again (3 times at least) and not because it's some critical situation like missed deadlines; his right-hand bulldog has already admitted that this is all about increasing so-called 'production' (i.e. granting more low-quality patents, faster). But perhaps what's most horrible about this is that staff is unable to speak out against it. The media isn't listening and when comments are posted they get deleted. As someone (John) put it in our comments a few minutes ago:

The ipkat article reads (cite): “The overwhelming majority of comments were purely libellous ad hominem attacks on a man that has not even taken office.” The man who has not even taken office can only be Campinos. I don’t remember any particular comments about Campinos in the comments, do you?



There is a similar comment about it in Kluwer Patent Blog. To quote:

We now know that the deletion of comments on the IPKat thread was deliberate: http://ipkitten.blogspot.co.uk/2017/10/ipkat-comment-moderation-policy_25.html

We are reminded that EPO-related comments on IPKat must follow strict rules. However, it is immensely disappointing (to say the least) no attempt was made to remove only those comments that transgressed the rules.

As to whether it is correct for Merpel to assert that “The overwhelming majority of comments were purely libellous ad hominem attacks on a man that has not even taken office”, readers can judge for themselves: http://techrights.org/wp-content/uploads/2017/10/censored-by-ipkat.pdf

By my count, a total of 3 (out of 34) comments could reasonably be characterised as referring to “the character, motive, or other attribute” of Mr Campinos. Of those, only two go in any way beyond mere mention of facts regarding his background… and, in any event, seem pretty mild by the standards of blog posts even in the civilised world of IP. So, not quite an “overwhelming majority” of problematic comments, then? Unless, of course, you believe that a 6% level of (mild) “opinion-based” comments qualifies as such.

So, it seems that we are back to my initial comment – that strange things are indeed afoot in the world of (reporting on) the EPO.



"Amazing indeed," Dr. Thorsten Bausch called it. Bausch has been brave enough to say the truth, using his own real name.

The above is based on a PDF of a printout, which we published before IP Kat was forced to admit that it had censored all the comments. Watch this comment from yesterday (posted in another context in IP Kat): "My comment was not really that serious, as it was really intended to establish whether all of my comments (as opposed to just those relating to the EPO) were getting "censored"."

The context of this comment was a discussion which involves the EPC -- something which Battistelli neither respects nor follows (just as he flagrantly violates national laws and disregards holidays). The latest comment mentions the EPC explicity:

Well, I read the decision, and it appears logical, but have one overrding question, and I hope somebody can answer it.

In 3.1.1.3 it says 'The successor in title ....must prove that it indeed owned...'

It is especially the requirement TO PROVE that bothers me. Where does this come from. What is its basis under the EPC? I don't see it.

If both the original owner and the successor in title certify that the transfer was effected on date X, to their satisfaction, and in a form which they found acceptable, what is the basis for a third party, or EPO, to doubt an effective transfer, and where is their basis to require proof.

As a summary this decision is nice...but still, I'd like to have seen a legal basis for the right of others to demand PROOF.


Well, lawlessness is the new norm and lawfulness at the EPO is a thing of the past. Get used to it or do something about it. It's the EPC which granted the EPO powers to give (and profit from) patents; these powers are now being grossly misused. Revoke it.

As a lot of the media has been compromised (using money and threats) it's hard to know what's true about the EPO and UPC. Using soothing terms like "balance", professional journalists (i.e. salaried to follow their publisher's agenda) they often repeat lies from the EPO and habitually ignore the voices of EPO employees. This has been going on for years. This is why we have been so eager to write about the subject.

Update: SUEPO has just self-censored the above (could be due to threats or something else), so we are making a local copy of the PDF.

Recent Techrights' Posts

Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
 
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025