Bonum Certa Men Certa

IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

It had gotten so bad and so blatant that IP Kat even zapped an entire thread (about 40 comments) sceptical of António Campinos because it disliked the views, not the tone (nothing rude about it)

CIPA meeting with Stephen Jones
Stephen Jones (just after he had left IP Kat) stood next to Battistelli to promote the Unified Patent Court (UPC)



Summary: The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)

THE MEDIA is totally, utterly, completely failing Europe. And meanwhile the European Patent Office's (EPO) corruption is spreading, reaching well outside Europe. The U.S. Patent and Trademark Office (USPTO) increasingly adopts similar tricks. As Benjamin Henrion put it some hours ago: "Software Patents are back with new USPTO guidelines, using the insane EPO technical effect blackhole..."



He was focusing on software patents in Europe, but there are so many other aspects to it. The above statement isn't entirely accurate and we'll respond to this in our next article (focused on the US).

Weickmann & Weickmann's Jörg Prechtel has just boasted that "Possible Coverage of European patents is still expanding" (that's his promotional headline) and it's a recipe for disaster not just in the EU or Europe at large; the EPO is an international organisation which increasingly services countries outside the EU, not to mention patent trolls from countries like the US. We wrote about it before. These people even lead EPO events; patent trolls are now admired by the EPO.

It worried us when 2-3 years ago management of IP Kat changed; some people whose business includes serving patent trolls took key positions in the blog and not too long afterwards there was never-ending UPC propaganda, "Merpel" ran away with 'her' tail between 'her' legs and later on people's comments that dared bring up EPO scandals simply didn't get through moderation; then we saw some of them deleted individually (after they had been approved). It culminated in mass deletion of an entire thread (about 40 comments) about Campinos. The 'new' IP Kat showed its true spots (or colours). Nothing has changed since.

This is what the authors of IP Kat wrote yesterday: "It is yet to be seen whether the EPO's new president, Antonio Campinos, will be effective at healing the rifts created by Battistelli."

It has been 6 months. He fixed nothing. How much longer should one wait? Notice the fluffy paragraphs in question and the adorable photo of Campinos (which they added next to these):

Will the EBA be convinced by these arguments? It does seem that it is high time for this issue to be laid to rest. However, the EBA is not obliged to accept the referral from the President as admissible as we saw in G 1/14. Furthermore, an opinion by the EBA following a referral by the President will have no bearing on the TBA decision giving rise to the referral, given that the appeal proceedings have already concluded.

The President's referral to the EBA took place under the fraught political backdrop of Battistelli's controversial presidency, in which the independence of the EBA and BA was arguably brought into question. Did the EBA really have the freedom to objectively form an opinion on questions referred by the President? It is yet to be seen whether the EPO's new president, Antonio Campinos, will be effective at healing the rifts created by Battistelli.

An opinion by the EBA in G 1/18 may be issued in the coming year...


These people lack independence from Campinos; we wrote about it many times. Campinos did absolutely nothing to assure them of independence; to make matters worse, he left Judge Corcoran to rot, some suspect on the verge of suicide (those are speculations). DG3 is still controlled directly and indirectly by Campinos, a patent maximalist with a short fuse and reportedly the same temper problems as the fellow Frenchman who gave him this job.

Read this early comment on the puff piece with a smiling Campinos: "Just wondering how much time and money this will cost to decide, as far as I understand it, only the question of whether DG3 should keep the appeal fee or not when an entity messes up their appeal filing?"

And a later comment said:

There is another hurdle the Enlarged Board of Appeal (EBoA) has to take before it can deal with the referred question.

Art. 112(1)(b) EPC stipulates: ”the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question.”

The EBoA always first had to investigate the condition of “different decisions” (French: “décisions divergentes”; German: “voneinander abweichende Entscheidungen”). In the case at hand, it would not be too difficult to decide that there are no “different decisions”. In that case, the EBoA may choose not answer the referred question. In G 3/08 (Patentability of programs for computers) the EBoA came to the conclusion that the referral by the President was not based on “different decisions” but nevertheless answered the referred question. However, there is no obligation to do so. In G 3/08, the EBoA came to the conclusion (based on Art. 31 Vienna Concention) that the notion “different decisions” has to be understood restrictively in the sense of “conflicting decisions”.

The EBoA in view of the beloved person filing the referral at the end of his reign, may find arguments not to answer the question.


As we said at the turn of the new year, in 2019 we intentionally reduce focus on legalese and particular legal cases (grasping them is very time-consuming and potentially boring to readers), but the one thing we'll say is that IP Kat only ever covers EPO in a positive context/connotation (several more decent contributors were said to have left the blog at the turn of the new year). It moreover gives the false impression that things have improved just because it's quiet (gagging of staff representatives). In that regard it's almost complicit. IP Kat is now part of the problem. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
 
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026