Bonum Certa Men Certa

The 'Technical Effect' of Attacking the Independence of Judges at the Boards of Appeal and Ignoring/Breaking the Law

Technically Boards of Appeal are still controlled by the EPO's President (whose positions they're supposed to scrutinise and sometimes oppose)

António Campinos fair trial



Summary: Europe continues to be threatened by the lawless EPO, which is promoting software patents, FRAND patent trolls, UPC and even more toxic things; judges and the rule of law do not seem to matter anymore (they're being intentionally discarded because they stand in the way of law firms' profits and EPO revenue)

Lawlessness is alive and well -- even thriving -- at the European Patent Office (EPO). How can one expect António Campinos to respect and obey the law when he cannot even discipline/educate/convince his own son that laws are to be obeyed? He himself is showing blatant exhibition of gross nepotism within just months at the Office and likely violations of EU law since his EUIPO days where appointments appear to be sold. It's all rigged. Laws don't seem to matter to these people. Campinos ignores the law with more tact (or more smiles). He's a storyteller. All he can do is lean on his father's name -- a person who was apparently not likable except by those at the top. It's a good decoy. Effective marketing.



"Campinos ignores the law with more tact (or more smiles)."This latest comment at IP Kat discusses how the EPO is still breaking the law or violating the EPC by punishing all judges with an exile to Haar (which is technically not Munich at all):

Yes, I understand that "Landkreis München" does not itself include the city of Munich. Perhaps my question was unclear. What I mean is: why can the meaning of the word "Munich" in the EPC not simply be interpreted to mean "a location which is EITHER in the city of Munich OR in Landkreis München"? i.e. that "Munich", for the purposes of the EPC, means the combination of the city Munich *and* the Landkreis which shares its name? This way, it is possible to interpret "Munich" for the purposes of the EPC as being broader than the city itself, while still having a well-defined geographical scope.

To draw a comparison (which is, admittedly, imperfect): imagine that the EPC instead said "London". A narrow interpretation might be that this should mean "the City of London". A broader interpretation might be that this should mean "anywhere within the 32 London Boroughs" - but (like Landkreis München vis-a-vis the city of Munich) the London Boroughs do not include the City of London. The holistic view would, perhaps, instead be to take the view that "London" means "the City of London or any of the 32 London Boroughs".


Curiously enough, on the same day Samuel Adams wrote about the EPO illegally attacking the independence of all judges by sending them to exile. To quote Kluwer Patent Blog, a site of patent maximalists:

Not too long ago we learned of a referral question from Technical Board of Appeal 3.5.03 regarding the legal basis for holding oral proceedings before the Boards of Appeal in Haar rather than in Munich.

While it does not directly relate to the legal question in the referral, a relevant consideration was recently published in CA/5/19, which relates to an additional lease for further staff, conference rooms and common areas for the EPO in Haar. The document notes that the building in Haar has been leased for a period of 15 years. In CA/82/16, the total budgetary impact of the lease in Haar, including building adaptation costs, was provided as EUR 40.7 million. The further costs laid out in CA/5/19 for an additional lease contract are EUR 4.8 million, for a total of EUR 45.5 million.


The above was filed under "Traveling Circus" (no kidding!), so we suppose that at this point even Kluwer Patent Blog perceives the EPO to be somewhat of a circus. What a tragedy.

Crossing over to IP Kat, which is still heavily occupied by Team UPC (sometimes more so than Kluwer Patent Blog), over the past few days we saw a lot of coverage there about Fordham IP (at least 7 parts so far). Bristows did many posts about it for IP Kat (Annsley Merelle Ward as the author); it's an event that is typically funded by Microsoft (more so than anyone else) and Bristows flatters this sponsor, as we noted in past years.

Included in this event, as usual, is the software patents lobby (in which Microsoft plays a considerable role), soon to be promoted or amplified by patent extremists like Bristows or Managing IP, which wrote: "Former Federal Circuit chief judge Paul Michel “bet on both horses”, referring to possible fixes for Section 101 in court and in Congress, during a discussion yesterday at the Fordham IP Conference in New York..."

This is also mentioned in [1, 2] and it's the typical choir of patent maximalists, the 'usual suspects' such as Iancu, Michel and sometimes a USPTO Director turned lobbyist, Mr. Kappos.

In her later parts Annsley Merelle Ward published FRAND advocacy by Richard Vary (Bird & Bird). Bristows has long lobbied for FRAND, usually in IP Kat, as Bristows profits from this agenda. As recently as yesterday, in an article by Amy Sandys of JUVE, we learn of "global licensing company" TQ Delta (euphemism for patent troll or PAE) seeking patent embargoes in the UK. Using patents granted by EPO and the FRAND agenda they try to block companies that actually make something (unlike TQ Delta) from doing business.

Speaking of Bird & Bird and Briwstows, the latest part in this series concerns software patents (covering algorithms) framed as "AI". Here's where the EPO stands on on this issue in spite of European law:

Katherine Stephens (Bird & Bird) then talked about the “patentability of artificial intelligence and machine learning”, specifically focusing on the recently updated EPO Guidelines for Examination. According to Katherine, the EPO’s new Guidelines are not a green light for patenting AI, but they are a first step in setting out the rules for a proper balancing exercise. An interesting issue raised in her presentation was whether inventive step and sufficiency thresholds can be expected to change with the rise of AI, assuming that the skilled person should be presumed to have access to AI systems. “Will inventive step be raised so high that nothing will be considered inventive in the eyes of the law, even if it was inventive or surprising to human?”


These are all bogus patents on algorithms, but nowadays the EPO just fakes 'gains' by granting patents courts would reject (if they were assessed there, i.e. if there was a lawsuit and a lengthy, expensive challenge to it). Team UPC (Bird & Bird, Bristows etc.) was hoping to effectively abolish or bypass such courts using the UPC, but it didn't work. As FFII's Benjamin Henrion put it yesterday in a press release: [via]

Today is World Intellectual Parasites Day, the day where patent trolls rejoice over sucking more blood out of software companies. Patent parasites rejoice over the creation of the european Unitary Patent Court (UPC), which will create an undemocratic monster fully captured by the parasite industry. Patent parasites are also pushing for a rewrite of the laws in the United States, in order to restore software patents, and continue to suck more blood out the software industry.


That's a satirical slant on World Intellectual Property [sic] Day -- a subject we'd rather not covered as we did so in prior years. The EPO kept promoting this propaganda many times yesterday, even retweeting the EUIPO in the process. ⬆

Recent Techrights' Posts

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
 
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026