Bonum Certa Men Certa

Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

Keep out, journalists...

Orange cone



Summary: The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout

NOT a single patent blog is writing about G 2/19 at the moment. Nothing. We've checked. We're not surprised, either.



It's like media access is being obstructed (it isn't, as we clarified earlier this week and I've urged some local bloggers to attend) or media is instructed not to deal with it anymore. IP Kat was sanctioned by the European Patent Office (EPO) after it had covered the attacks by Battistelli (and now António Campinos) on judges. How can these judges stop European software patents later this year? They cannot. We don't expect a 'European Alice' or 35 U.S.C. €§ 101.

"Will EPO bring patents on life and nature to the UK as well?"A new comment from IP Kat (posted in the blog by Kant) said: "Apparently, Haar is indeed in Munich." So says a rigged panel? We shall see. We are going to publish the final part of our series in a moment (see Part 1, Part 2 and Part 3).

It is meanwhile being reported that the UKIPO is cooperating with the EPO. Is this the effect of Rowan? Recall "Stephen Rowan: From UK-IPO to Operation Coverup of Team António Campinos" (published recently).

Ben Wodecki (IPPro Magazine) wrote: "The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018."

The 'Rowan effect'? Will EPO bring patents on life and nature to the UK as well?

To quote Wodecki:

The European Patent Office (EPO) has agreed to conduct some biotechnology patent searches for the UK Intellectual Property Office (UKIPO) to help tackle its large backlog of applications.

UKIPO said it has recruited and trained patent examiners in this area, but “remain[s] unable to deliver the timeliness that we want for our customers, particularly in relation to searches”.

The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018.


IP Kat is meanwhile reporting on Richard Arnold's promotion in "Mr Justice Arnold to become Lord Justice Arnold: congratulations!"

"...external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part of our series is about it and will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes."So British courts will soon have a connection to the EPO as well. Wodecki (IPPro Magazine) noted: "In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO)..."

As we shall show in our next post, external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part our series about it will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes.

From Wodecki's article:

Her Majesty Queen Elizabeth II has approved the appointment of judge Richard Arnold to the UK Court of Appeals. Arnold served as a High Court of Justice judge in the Chancery Division from 2008 and was appointed to be judge in charge of the Patents Court in April 2013.

In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO).

During the high profile patent dispute between Warner-Lambert and Mylan/Actavis, it was justice Arnold’s rejection of Warner-Lambert’s arguments on the basis of lack of an inventive step that the Court of Appeal’s ruled as correct.


Going back to IP Kat, earlier this week Rose Hughes write about a Board of Appeal decision, but still said not a word about the more important Haar case that started yesterday and had a seemingly stacked panel of judges to render the case inadmissible. Hughes wrote about T 0439/17 instead:

In T 0439/17 (published online 1 July 2019), the Board of Appeal of the EPO considered the circumstances under which a third party may intervene in an opposition. In general, a third party may intervene in opposition proceedings, after the opposition period has expired, if infringement proceedings relating to the patent have been started against the third party (Article 105(1)(a) EPC). The meaning of "infringement proceedings" under this provision has presented some difficulties, given the diversity of potential "patent infringement" related court proceedings (civil and criminal) throughout EPC member states.

[...]

KCC also argued that the admissibility of the accession need not necessarily be assessed at the precise time of the submission. Other subsequent events (e.g. the bringing of an infringement action), should also be taken into account. KCC pointed to Rule 89 EPC as providing the possibility for ex tunc assessment, in particular the wording "the [statement to initiate proceedings] is only deemed to have been made when the [fee] prescribed has been paid". The Board also dismissed this argument (r. 13). The Board commented that the wording used in Rule 89 EPC was used throughout the EPC and was not considered to have a retroactive legal effect. The appeal was dismissed.

T 0439/17 therefore confirms that pre-infringement evidence procurement procedures in national courts are not considered sufficient to allow a third party to intervene in opposition proceedings. The Boards of Appeal maintain that the intervention under Article 105(1)(a) EPC is to be considered "a procedurally exceptional situation, which is justified only by a substantial legitimate interest of the assumed infringer to enter the opposition proceedings" (T 1713/11, r.2.2). The BA thus seeks to prevent the definition of "infringement proceedings" in Article 105(1)(a) EPC from being elaborated to encompass national procedures beyond an infringement action per se. The onus is thus on potential infringers wishing to avoid lengthy and expensive national revocation proceedings to pay close attention to newly granted European patents, such that they can file timely oppositions of their own. The BA stresses that there can be no benefit of hindsight.


T 0439/17 and every other decision very much depend on G 2/19, which questions the legitimacy of all decisions issued in recent years, just like one single ILO-AT judgment rendered perhaps hundreds of others 'invalid' (Battistelli ignored that anyway).

We don't suppose the EPO will say anything at all about G 2/19; it hasn't mentioned it for a long time (probably months) and yesterday it wrote: "The EPO’s #SocialReport2018 is out! Our multinational staff, based in 4 amazing cities is what makes the EPO such a success story! Read all the facts and figures here: http://bit.ly/2Sgn3Hw pic.twitter.com/p2aoSf8mui"

As we explained before, the EPO bombarded with puff pieces the very moment G 2/19 started, painting itself with "ethics" and "peace". These puff pieces were perfectly timed to distract... or to divert attention away from the violation of the EPC (and stacked panel chosen to thwart justice). It is abundantly clear that the location of the judges is outside the EPC's geographical scope:

Haar



The EPO's PR people keep dictating to European media what to do/say about the EPO (or avoid covering). Not too hard a task when there's so much bribery money at their disposal and they indeed use it all the time to bribe publishers in creative, "innovative" ways...

The UPC Preparatory Committee and Alan Johnson (Bristows LLP) are once again desperately trying (yes, again!) to create an illusion of UPC 'progress' as they recently admitted to FT (they admitted they try to create a false impression). How can they justify advertising false job ads almost 4 years ago? For jobs that will never exist...

"For the 2016 applicants," Johnson wrote, "the Preparatory Committee stated in a Press Release of 19 December 2018 that ‘Those that have applied for judicial positions in the Unified Patent Court are being contacted separately’ to enable applications to updated or withdrawn, as necessary."

Put that on bus, Johnson! What liars and charlatans. As we've said many times over the years, how is it not an offense to publish false/fake job ads?

Recent Techrights' Posts

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
 
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025