Bonum Certa Men Certa

The Corcoran Incident Demonstrates That the EPO's Boards of Appeal Are Threatened and Battistelli Violates Laws

As the Boards themselves are sometimes courageous enough to note

A shocked Battistelli



Summary: The ongoing refusal to obey the rulings of judges (regarding an illegal attack on other judges) shows the Battistelli regime for what it truly is (necessitating immediate removal of immunity)

LAWLESSNESS at the EPO has become so routine that it's almost banal now. It's the new norm.



We have just uploaded a local copy of the document regarding immunity and issues associated with it (published earlier this week and mentioning the EPO extensively). It was covered yesterday in relation to Battistelli's war against justice and against the EPC. This war carries on. It even intensifies further, albeit somewhat covertly (they just keep uttering sound bites like "perception of independence" while sending judges to exile).

We now have two separable but related issues: 1. the EPO breaks laws and; 2. it does not obey the courts, either (when found to have broken laws). It's not even obeying ILOAT and it's sending Corcoran to exile. We wrote three articles about it so far [1, 2, 3] and some media belatedly takes note. The only new bit of information there is that Corcoran is being given only weeks' notice. This cites a letter:

In a letter addressed to the heads of delegations of the administrative council, the EPO’s Central Staff Committee said that the office had informed Corcoran he would be “permanently transferred in February 2018 to a post of senior expert in classification expressly created for him in The Hague”.

The committee argued that “transferring [Corcoran] to a country in which he had never lived is a further burden for him and his family”.

The committee also argued that the office “did not fulfil its duty of care by assessing medically whether the employee was fit for a transfer. For medical or personal reasons, the employee may have to refuse to be transferred and in such case the President may decide to terminate his service”.


If anyone could send us a copy of this letter, we would appreciate it. Without media/public scrutiny, justice remains "in the dark" and can thus never be assured. The same goes for patents.

On another topic, oppositions at the EPO are soaring and even SUEPO took note of it earlier this week (citing the Haseltine Lake research which we cited over two week ago). Onxeo has just paid for a press release to brag about "Intent-to-Grant Notice," but what are the chances of oppositions on the way? At a pace of about 4,000 oppositions per year now (it used to be far less) certainty for patenters is rather low. The latest-high profile example is Broad Institute's CRISPR patent. There are "differences between U.S. law and the EPC regarding a priority determination," Patent Docs has just said, noting the relevance to the EPC and Paris Convention (a subject of debate at IP Kat's comments). To quote:

The interference between the Broad Institute and the University of California/Berkeley has been in the spotlight over the past year (see "PTAB Decides CRISPR Interference -- No interference-in-fact"; "PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning"; "University of California/Berkeley Appeals Adverse CRISPR Decision by PTAB"; and "Berkeley Files Opening Brief in CRISPR Appeal"). But there have been other skirmishes between the parties, each of which has recently been (for now) resolved.

[...]

In Europe, under Article 87 EPC and Paragraph IV of the Paris Convention, priority to an earlier-filed application can be validly claimed by the prior applicant or by her successor in interest. In either case, the applicant must be someone having the right to claim priority. In the U.S., provisional applications are filed in the name of the inventor and the EPO requires that there be an assignment of the invention on or before a European or PCT application is filed. (Of course, a PCT can always be filed naming the inventors as applicants.) In this case, proper application of the applicable rules required both the named applicants (The Broad Institute, MIT and Harvard College) and the Rockefeller to have been named as applicants when the application was filed. Rockefeller was not named as an applicant. Accordingly, the OD determined that the named Proprietors could only validly claim priority to the third provisional application, and by the filing date of that application there had published prior art that invalidated the granted claims. In this regard, the preliminary opinion may provide guidance on the OD's thinking, where that opinion states that "In both the EPC and the Paris convention systems the decisive fact for a valid claim of priority is the status of applicant, rather than the substantial requirement [] to the subject matter of the first application" (emphasis in opinion). The OD determined (preliminarily) that "neither the requirement of the applicant's identity nor the proof of a valid success in title [had] been fulfilled" for the claimed invention, and stresses that these were requirements to promote legal certainty that would protect third parties' interests, and that these requirements were not subject to the national law of the priority document. Nor, according to the preliminary opinion could the granted European patent properly claim priority to U.S. 61/758,468 because that document failed to disclose the length of the guide sequence as claimed.


The matter will likely be decided, upon appeal, by the appeal boards which complain about lack of independence (and they typically rule in favour of patent maximalism). The Corcoran incident is relevant to this because it reinforces the perception of partiality, it clearly demonstrates that the Office operates outside the Rule of Law, and it quite likely ensures that the UPC will never come to fruition.

Comments

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025