Bonum Certa Men Certa

Justice Still Elusive at the EPO and ILOAT, But a Glimmer of Hope Remains

Published hours ago:

125th Session ILOAT



Summary: The EPO can offer justice neither to staff nor users; whether the International Labour Organization (ILO) and its Administrative Tribunal (ILOAT) can make up for this remains to be seen

PRESIDENT Battistelli will leave the EPO in 5 months, but the damage he has done is truly incredible. His actions not only damaged patents but also staff; it's no wonder the EPO now suffers brain drain and is unable to recruit the type of people it used to. The EPO may never recover from this. Some insiders even wonder aloud if there's a future for the EPO at all.



"You must improve the image of the EPO," I told the EPO in response to this tweet yesterday. "Otherwise you turn off potential users..."

"Over the past few months we have been attempting to show to ILO material about the EPO refusing to obey ILOAT rulings. Guy Ryder too was copied in."It is hardly surprising that, based on a JUVE survey, Battistelli has a 0% approval rate not only among EPO staff but also among EPO users (that's what they call stakeholders such as applicants). A lot of money is being invested in this (for small businesses it can be the lion's share of their budget).

Over the past few months we have been attempting to show to ILO material about the EPO refusing to obey ILOAT rulings. Guy Ryder too was copied in.

Does ILO realise that its reputation too is on the line? For failing to properly remediate?

"Our understanding is that some of these rulings were about EPO staff representatives."Yesterday was the 125th session of ILOAT and the decisions were not uploaded/published until late in the day. There is no video of this latest session, either (at least not yet, it would be listed here if/once it's ready).

Our understanding is that some of these rulings were about EPO staff representatives. The appellants typically request anonymity and are thus reduced to initials. We kindly ask if anyone with contacts at the EPO can help explain to us what happened at ILO yesterday afternoon. We need to properly know the cases in order to comment on them (few decisions we took a glimpse at were dismissals of appeal) because sometimes a negative decision or deferral is actually a positive thing, as we saw 2 years ago.

"We can expect that with the declining quality of patent examination (inevitable under Battistelli for several reasons) it may become a growing concern and will result in many decisions being overturned (or patents invalidated)."It would not be the first time we say that if EPO management cannot properly deal with justice for its own staff, it won't be able to assure justice for users. 8 days ago the CRISPR industry [sic] suffered a major blow after it had been promised -- in vain -- that CRISPR patents would be considered patent-eligible. There's a long discussion about the technical aspects of the refusal over at IP Kat. "I must also say that I love how US practitioners often think that everybody but them misunderstands the Paris Convention. That often gets a few laughs in proceedings before the EPO," wrote one person yesterday.

More on patent justice w.r.t. the Paris Convention:

More thoughts. Deep inside the USA, it is not just First to File and the importance of the Paris Convention that is less than fully understood.

Investors in the USA suppose that litigation is a lottery but that their man will win provided that i) his pocket is deep enough and ii) the jury does not come to the idea that he is a Bad Guy. Quality at the patent drafting stage is seen as a secondary matter, less "sophisticated" than litigation, less valuable.

Further, Americans always suppose that nothing is decided till everything is decided, namely at trial (ie Oral Proceedings).

Yet further, Americans always suppose that once a patent issues, its validity is, in practice, unassailable.

As to the pace of the proceedings on this European patent thus far, note that the B1 issued just 9 months after EPO national phase entry.

More haste, less speed?


Priorities are the main topic of debate there and Isobel Finnie from Haseltine Lake LLP has just published this short article about the "CRISPR Patent Wars". To quote:

In this case the patentee was unable to demonstrate that at the filing date of EP2771468 the named applicants were the true successors in title to all of the applicants of the 12 earlier US patent applications. One of the problems raised was that an inventor/applicant (Luciano Marrafini) named on some of the earlier US applications was not named as an applicant and nor was the institute he worked for (Rockefeller University). It is interesting to note that in the US the Broad Institute and the Rockefeller University were wrangling over whether this person should or should not be named as an inventor. A further problem raised with the priority claim was that some of the inventors had only assigned their rights to applicants named on filing EP2771468 after its filing date.


IAM has meanwhile published a sponsored piece for a Turkish perspective on "double patenting" at the EPO. We can expect that with the declining quality of patent examination (inevitable under Battistelli for several reasons) it may become a growing concern and will result in many decisions being overturned (or patents invalidated). Is this certainty? Is this justice?

Recent Techrights' Posts

Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
 
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025