Bonum Certa Men Certa

How Institut International des Brevets (IIB), INPADOC and Other Historic Endeavours Relate to EPO and DG1/DG2

Not much public information/online literature about it (not anymore)

Institut International des Brevets (IIB)



Summary: The roots of the Dutch/German-centric EPO and the lesser-discussed points/questions which these roots may bring up

LAST NIGHT we wrote about the EPO being a cash cow of Germany. A lot of this money comes from outside Europe to mostly enrich the German economy (for patents with European -- and beyond -- scope).



"EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations."The FFII's President then told me he "heard the money goes into the Ministry of Justice, and if that's the case, they also decide on UPC, so there might be a serious conflict of interest there. During the swpat [software patents] directive, competence was transferred from the ministry of economics to the ministry of justice."

Germany's role in the EPO and the roots of EPO structures are worth recalling. We studied the subject a long time ago (when Germany blatantly refused to enforce German law against the EPO's management), but we never published anything about it. Whose European Patent Office is it anyway? "I'm not at all into social media, but I just had a look at their EPO Twitter feed," said former EPO staff. "What a crock! Do they sub-contract to the Pyongyang People's daily?"

No, it's based in Germany. A lot of the EPO is based there. It should certainly not be a taboo subject to highlight this fact. It's not a protest against the European Union or against Germany itself.

"Let's not forget the element which emerged later: an 'unwanted' DG (DG3) was sent to Haar.""The reference to Art. 5(2) illustrates a profound asymmetry," one person told me when the EPO threatened to sue me. "The EPO claims immunity in all matters whenever it suits them. But then they turn around and cries "but, hey, please, I'm a real person!" when it also suits them. I'm not sure whether the drafters of the EPC had such a monstrous outcome in mind."

EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations. It is, indeed, quite a monstrosity.

Citing several pages of a 1990s law treatise, one reader of ours said that "[t]here is at least one chapter specifically dealing with the EPO. A mere few lines describe a case which happened in Austria sometimes in the 1980s which I found rather egregious."

This, in turn, leads back to EPO history (which might be poorly or inaccurately recalled). To quote:

IIRC, the EPO took over a commercial company, and made it an integral part of organisation.

If memory serves me right, the company wasn't named, but it could only have been INPADOC, the patent information service. The Vienna agency is now in charge of the production of the EPO's own patent information, the publication of EPO patent-related documents, and gathers patent information worldwide for inclusion in EPO databases, which are also sold.

Again, inferring from the few details given, the company must have had a long term lease for their office space, but the EPO moved the operation to new premises, and simply walked out of the old contract.

The landlord sued for the unpaid rent, considering that the office took over the obligations of the former entity, but the EPO pulled the "IMMUNITY" trump card, and the judge obliged!!!

Now, Art. 5 was obviously designed to allow the EPO to sue, say, plumbers who botch their work.

But a competent plumber whose bill wasn't paid by the EPO must also be able to sue, isn't it?

I don't know what kind of impression 30-year old continental case law would make on an English judge.

I would be rather surprised if the Derbyshire council, or any other one, wouldn't be allowed in matters of commercial law. A parallel could be drawn.

BTW, this was the Vienna office which Battistelli want[ed] to swap with DG3.

How about a triangular exchange? DG3 to Vienna, Vienna to Berlin, and Berlin to Munich... The more, the merrier.



We often wondered why DGs came about at all. What was the historic significance of these? Here's a possible explanation:

The EPO was built on two pillars:

1) The IIB, "Institut International des Brevets", which was a pre-existing institution founded around 1947 based at The Hague. It was designed to supply prior-art searches to a number of countries, for the eventual determination of patent validity strictly under national laws. In essence it was a big library with a lot of librarians. It was merged into the EPO as its "Directorate General 1" - DG1. [And IIB staff weren't too happy about that, but that's another story.]

2) The DG2 in Munich which opened its doors in 1978, for performing the substantive examination assessing patentability according to the law defined in the EPC, based on documentary evidence located by DG1.

[The distinct DG1 and DG2 have now disappeared and merged into a new "DG1"]

The IIB had been mostly an affair of French, Benelux and Latin countries in the early 20th century, of which Germany had been excluded.

I would have to find absolute proof of that, and visit archives, but it seems from the circumstantial evidence that this project was intimately connected to an humanist dream of a world documentation center for gathering and organising all forms of human intellectual production.

The early history of concept of DG2 is more sinister, and if I were Battistelli, I would avoid using the "nazi" label to smear my opponents... quite a bit of stuff in German from 1940-1945 is quite uncomfortable to read, as it looks like a virtual blueprint for the structure of the 1973 EPC...

Is this the kind of history you had in mind?

The miracle in my eyes is how an humanist endeavor [DG1] and a corporate wet dream [DG2] came to be merged into one project as a part of "European Construction".


Let's not forget the element which emerged later: an 'unwanted' DG (DG3) was sent to Haar. Poetic?

"Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.""I've been interested for a long time in the early history of the EPO," one person once told us, "a topic on which not that much has been written. By "history" I mean, real work by historians analyzing the motivations of the negotiating parties, and on the "proto-history" of the institution. The quest for an international patent system has been ongoing for at least the last 140 years, and the EPO undoubtedly isn't the final episode."

Think of the UPC, among other things, maybe even WIPO's ambitions and IP5. Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day