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

Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
 
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024
Gemini Links 16/12/2024: Invisibles and 20 Years of GNU/Linux on the Desktop
Links for the day
Microsoft's Windows Fell From 98% to Less Than 15% (in 15 Years in Africa)
Operating System Market Share Africa
Swaziland: GNU/Linux Leaps to 7.24%, Based on statCounter
Remember that Microsoft had many layoffs this year in Africa
A Birthday Wish
My birthday is a few hours away
[Meme] Definitely Not Your Role Models
Hypocrite Neckbeard Meme
Changes or Variation of Logo at the FSF as 40th Anniversary is Near (Months Away)
Next year the FSF turns 40
Mobile Usage Nearly 90% in Maharlika (Philippines)?
Microsoft has become just a footnote
Push Back and Become More Vocal for LLM Abuse and Misuse to Stop
We hope that more people out there (sites too) will call out the people who saturate particular topics on the Web with machine-generated junk
The Media Failed to Hold GAFAM Accountable (and Now It Suffers From It and For It)
This recognition of the problem emboldens us to carry on
Botswana: New Highs for GNU/Linux, All-Time Lows for Microsoft
No wonder Microsoft has so many layoffs in Africa this year
Links 16/12/2024: Skinnerboxes ("Smart" "Phones") and Control Social Media Blamed for Fights
Links for the day
Reminder: The Microsoft Person Who Used OpenAI for En Masse GPL Violations Told the Whistleblower to Kill Herself
The evidence (real message)
Links 16/12/2024: emacs, Drawabox, “You Should Have Your Own Website”
Links for the day
In Some Parts of the World, Like Central America and South America, Microsoft is Irrelevant on the Web
Nadella has bet the farm on a Ponzi scheme
[Meme] Microsoft is Not a Country
Reporting crimes is essential for democracy
There's Not Much Time Left for President Biden to Pardon Julian Assange and Signal to Journalists That Exposing States' Crimes or Rich People's Misbehaviour is Lawful
Apathy towards this is part of the problem
Image Fusion is Not 'AI' (LLMs Aren't Either)
Such fakes can (and always could) be done by a digital artist, it's just a little more expensive and time-consuming
GNU/Linux at New Highs in Bosnia And Herzegovina
Quite a few Balkan nations show high adoption rates for GNU/Linux
From Scientists to Pigeons: The EPO Has Turned Patent Examination Into a Process Made by Computers and Improperly Trained Staff Which Doesn't Meet the Requirements of the European Patent Convention (EPC)
Might as well abolish this entire system if this is the current trajectory
Razik Menidjel Will No Longer be Chief Operating Officer Operations at the EPO
What does the EPC say about slop and should it be updated to deal with trouble such as slop?
Underpaid and Inexperienced Workers Overwhelm the EPO, Granting Many Invalid Patents and Placing Pressure on Veteran Examiners
So-called "production" (giving monopolies) pressure is "compromising the quality of our products" [sic] according to a new report
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 15, 2024
IRC logs for Sunday, December 15, 2024
Links 15/12/2024: Social Control Media Disarray and Software Patent Eligibility Attempted by Litigation Maximalists
Links for the day
Links 15/12/2024: "Internet Era Might Be History's Least-Documented Period", Microsoft’s Telecom Biz Practically Dead
Links for the day
Links 15/12/2024: SQLite Bootstrap, More Terminals, Helix Themes
Links for the day
Two Laptops Up and Running (No Reboots) Since 2023
my main laptops, "vonick" and "bubi", haven't been rebooted since 2023
Links 14/12/2024: Yoon Impeached, "Intel's Death", and "Hey Hi" Hype Causes Warming and Pollution
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 14, 2024
IRC logs for Saturday, December 14, 2024