Bonum Certa Men Certa

Under António Campinos the EPO's Appeal Boards, Including the Enlarged Board of Appeal, Still Lack Independence

António Campinos has done virtually nothing about it after nearly a month on the job

Mafia Battistelli



Summary: Campinos has thus far done absolutely nothing to reverse Battistelli's abusive policies; he is thus better/best regarded as Battistelli with another faceplate and fewer words

THE EPO scandals simply aren't over because nothing was ever done to resolve them. Campinos is not even complying with court rulings, still. His silence is in some sense more dangerous than Battistelli's loud and strident approach because in calm and secrecy he can do bad things, such as plotting future layoffs and other cuts (like he did at EUIPO some months ago).



"Oppositions staff said "no" to such patents, but will the Boards enjoy any perceived independence? Will they be afraid when ruling, e.g. cuts of their jobs?"An advocacy site of patents on life (disguised as a news site) has published this article titled "Will the EPO’s Enlarged Board hear the Broad’s CRISPR case?"

Oppositions staff said "no" to such patents, but will the Boards enjoy any perceived independence? Will they be afraid when ruling, e.g. cuts of their jobs? They should just say no to all CRISPR patents (as per the EPC), but will they? Can they take the 'risk'? Inside the EPO they have somewhat of a reputation for patent maximalism -- the very same thing Campinos pushes for in this atmosphere of impending layoffs and a hiring freeze. To quote this pseudo-news site (lobbying 'packaged up' as news):

As the Broad Institute faces a formidable task in defending its revoked CRISPR patent claims in a pending appeal at the EPO, European academics Jakob Wested, Timo Minssen, and Esther van Zimmeren are wondering whether some of the issues might be referred to the Enlarged Board of Appeal.


The EPO has meanwhile (yesterday) mentioned the EPO's appeal boards (warning: epo.org link) for the first time since Campinos took over. It's in French. Since the President is French (dual national banker they disguise as only "Portuguese") he can read the original in French (his country of birth) and the English part says this: "In accordance with Article 112(1)(b) EPC the President of the European Patent Office has referred a point of law concerning the interpretation of Article 108 EPC to the Enlarged Board of Appeal (case G 1/18)."

"The EPO is still in a serious crisis. Campinos perpetuates this crisis by refusing to resolve any of the scandals. He has not tackled even one! It has been almost one month."What happens if they rule the 'wrong' way (i.e. not the way he wants them to)? Structurally, he has far too much leverage over this. This has been covered and explained many times before. This structural deficiency, perpetuated by the UPCA, renders them incapable of ruling properly.

The EPO is still in a serious crisis. Campinos perpetuates this crisis by refusing to resolve any of the scandals. He has not tackled even one! It has been almost one month.

Where are the law firms that objected to Battistelli? Why aren't they speaking out against the inaction from Campinos? Did they just pursue a face change or a change in policy?

Hogan Lovells has just published this update about the EPO/Germany, but EPO scandals are nowhere in sight. To quote:

The patent at issue relates to a cigarette paper having a reduced tendency for inflammation. According to the patent, this is achieved by applying a thin film (solution) on the cigarette. In opposition proceedings, a panel of the EPO decided the term “solution” did not include “suspensions.” In subsequent infringement proceedings, however, the Higher Regional Court ruled the opposite. It held that suspensions fall within the scope of the patent and found the same to be infringing. In doing so, the court stressed that it was not bound by an interpretation of the EPO; rather, the infringement court should make its own assessment on how to define claim features.

[...]

This decision may make it easier for parties to take contradictory or conflicting positions across validity and infringement proceedings. Not only did the Higher Regional Court find it was not bound by the EPO, it added that contradictory statements by a plaintiff in validity proceedings should only be taken into account under exceptional circumstances—in particular, only to the extent that (1) a patent owner has made a declaration in course of the validity proceedings that is directed at restricting the scope of the patent; (2) the patent has been maintained on the basis of this; and (3) the defendant to the infringement action was a party to the validity proceedings. This decision may therefore help patent owners seek a narrow claim construction in validity proceedings, while later insisting on a broader interpretation in infringement proceedings.


EPO insiders have long complained about decline in patent quality (necessitating more of the above-mentioned validity proceedings). What can redeem the office are the appeal boards, issuing decisions that set the policy/tone, but they're still enslaved/inferior to Campinos, a man known for just about nothing (so far) but being Battistelli's pick. That's no assurance of independence and their colleague might still be hospitalised after years of vicious legal bullying.

This is a very bad situation to be in. Stakeholders all across Europe don't just need to accept lack of access to justice; it's like the judges themselves tell them (or publicly complain) that they lack independence. This is an unprecedented crisis and to even speak about the UPC as a possibility should be outright ludicrous (UPC would replace national courts, which aren't yet corrupted like this).

Recent Techrights' Posts

IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
 
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day