Bonum Certa Men Certa

IP Kat Used to Blast the EPO for Profound Lack of Justice. Now It's Just Meowing With the EPO's Management.

From watchdog to pussycat

Curious Cat



Summary: The European Patent Convention (EPC) has been turned into a Kleenex€® tissue and all that the 'Kats' (what's left of them) have to say amounts to a puff piece with some Battistelli photo op

THE largest patent office of Europe has been ruined by Benoît Battistelli. António Campinos is 'finishing the job'...



Suffice to say, Campinos was wedged or shoehorned by Battistelli into this position. It's all 'fixed'. Nepotism and cover-up. The concept of independence or oversight exists only in theory but never in practice.

"Today's EPO offers only a pretense of justice."When I was a lot younger I used to hear about the quality of examination at the European Patent Office (EPO) and how strong a background examiners came from (professors and scholars). That was before the lobby for software patents in Europe and back in the days when professors and judges such as Alain Pompidou and Ingo Kober 'ran the show'. They weren't perfect, but at least they had respect for science and the rule of law. Right about now there's a similar problem at the U.S. Patent and Trademark Office (USPTO), whose Director Andrei Iancu openly mocks the law, notably 35 U.S.C. €§ 101. In our latest daily links we've included some new articles to that effect; thankfully the trends at the Federal Circuit carry on (invalidation of abstract patents) and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) continue unabated.

Today's EPO offers only a pretense of justice. It puts together a panel of judges for 'trials' which have become show trials and 'legal theatre'. We wrote about it earlier this month in relation to the Haar case or the "Haar question" (our coverage of this case was based on an informed source).

About a week ago the EPO quietly published (warning: epo.org link) this page. The EPO did not say anything about it in "news" or in its Twitter account; instead it made lots of noise about "green" or "social" or "ethics" (three separate puff pieces coinciding with this case). To quote:

The Enlarged Board of Appeal today issued opinion G 1/18 on the distinction between an appeal deemed not to have been filed and an inadmissible appeal, and on the consequences of this. The opinion is in response to a referral by the President of the European Patent Office (EPO). The Enlarged Board of Appeal is the highest judicial authority under the European Patent Convention (EPC).

The point of law referred by the President of the EPO was whether an appeal is to be treated as not filed or as inadmissible in cases of a failure to observe the two‑month time limit under Article 108 EPC owing to belated payment of the appeal fee and/or belated filing of notice of appeal. The appeal fee is not reimbursed if an appeal is inadmissible (Rule 103(1) EPC).

Under Article 112(1)(b) EPC, the President of the EPO may refer a point of law to the Enlarged Board of Appeal where two boards of appeal have given different decisions on it. With respect to the point of law in issue here, some boards had held that the appeal was inadmissible and that there were therefore no grounds for reimbursing the appeal fee. However, the prevailing view in the Boards' case law was rather that the appeal was deemed not to have been filed, and that - since no appeal existed - the appeal fee had been paid without a legal basis and therefore had to be refunded. The Enlarged Board was therefore called on to clarify this point of law and its consequences for the reimbursement of the appeal fee.


This is hogwash and a stunning reminder of what a joke justice at the EPO became. Just before the weekend Rose Hughes (IP Kat) mentioned the above -- an outcome we first mentioned several days ago. No other blog appears to have mentioned it (we checked) and the EPC's demise apparently interests nobody who is in the 'trade' of litigation. The EPO's management just doubles down on its unconstitutional behaviour and gross violation of the law; it refuses to even deal with the question, just as we expected/foresaw. Here is what Hughes wrote just before the weekend:

The referral related to the question of whether, where a notice of appeal is filed after expiry of the time limit for filing an appeal (Article 108 EPC), an appeal to the Boards of Appeal a) is inadmissible or b) should be deemed not to have been filed. The question was referred by outgoing EPO President Benoît Battistelli, just before the end of his term. For a full background to the case see IPKat post here.


Of course today's 'Kats' won't bother pointing out how monumental a disaster the EPO became. "We await publication of the Enlarged Board of Appeal opinion in full," Hughes concluded. As do others, but we know who's responsible for this farce and why. It was predictable given how the panel had been constructed. Watch this comment that says: "The full decision is available here: https://www.epo.org/law-practice/case-law-appeals/eba/number.html" (warning: epo.org link)

Why did nobody among the 'Kat', who had written many articles about the exile to Haar, bother scrutinising this decision? IP Kat 'staff' (Jonathan Pratt) wrote this weekly roundup. Hughes is basically pushing Team UPC agenda like SPCs, FRAND and SEP. In Pratt's words:

Rose also commented on the question relating to SPCs for a second indication of a product that has been referred to the CJEU (C-354/19).

On the theme of SPCs, Rose further summarised the SPC manufacturing and stockpiling waiver (amending Regulation (EC) No 469/2009) that came into force on 1 July 2019. Controversially, the legislation provides a waiver not only for the manufacture of generics and biosimilars for export, but also provides a waiver for stockpiling for day-1 release following expiry of an SPC.

Finally, Rose updated us on the latest step in the FRAND/SEP saga with the UK High Court decision on the validity of Conversant's patent for 3G mobile phone technology. Mr Justice Arnold found that Conversant's patent is essential and infringed by Huawei and ZTE, but invalid for added matter: Conversant v Huawei [2019] EWHC 1687 (Pat).


The interests that nowadays drive these 'Kats' are disturbing. It used to be like a watchdog (or cat), but now it's like a litigators' lobby, very much like IAM (almost the same at times, with literal litigators as bloggers).

Hughes soon (less than two hours later) proceeded to CIPA 'ads' for "Rules of Procedure of the Board of Appeal" (which lack independence). It was entitled "Event Report: CIPA seminar on the revised Rules of Procedure of the Board of Appeal" (an 'event' mentioned here before it took place because of the sheer bias).

CIPA is a pack of patent maximalists, Battistelli allies (almost a 'collusion'), and Team UPC nuts who intentionally promote falsehoods and lie about businesses in Britain in order to extract money from these businesses (in the form of legal fees). Kluwer Patent Blog and other prominent blogs about patents have not yet said a thing about the Haar decision; why not? Are they embarrassed? Do they believe it's not worthy of a report? Why has the EPO itself kept quiet about it?

Recent Techrights' Posts

[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025