Bonum Certa Men Certa

Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

Patent terrorism



Summary: The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)

WE are generally pleased to see/read news about patents in the US because 35 U.S.C. €§ 101 endures many challenges (another one reported on yesterday; it's in Daily Links). USPTO-granted software patents won't withstand scrutiny. Moreover, the USPTO can be sued (as habitually happens). But as long as software patents are being granted in Europe and Team Battistelli/Campinos tries to swap European courts with something that the European Patent Office (EPO) better controls there remains a real threat. Campinos recently pressured judges at the EPO to allow software patents. It's really that crude and blatant. Is the President of the EPO also the chief judge? Or a whole panel of judges? That would of course be a serious violation of the EPC at every level*.



"Is the President of the EPO also the chief judge? Or a whole panel of judges? That would of course be a serious violation of the EPC at every level."We are grateful to each and every patent examiner who participated in the recent strike ballot. We imagine that virtually all of them voted for a strike. To quote the couple of comments from RIP Kat (Märpel's anonymous blog), "Anonymous" said: "Not really correct: 54% participation and 83,2% of the participants in favour of a strike. About 3000 epo staff voted in favor of a strike. In view of the enormous efforts by Campinos to convince staff of the non- existence of the alleged gap, this shows that he clearly did not convince a big part of epo staff and shows a clear failure of his so-called transparent communication strategy."

"Anonymous Concerned examiner" said (with our emphasis added): "Märpel could also have written that only 417 voted against the strike and for Campinos project. That is little more than the top floors of the Isar building.

"As an examiner, however, I like that the figure is presented as "83". It reminds me of Article 83 EPC, the one we use when an application document is so unclear that we can't do anything with it. Maybe it is a symbol of Campinos financial studies?"

Well put, well framed. So we know that technical people at the EPO aren't happy. They want things to change. From those we've spoken to we always learn that examiners also oppose software patents. But they're under pressure to grant some, even if they know it's in violation of the EPC (like the EPO's guidelines themselves).

"The EPO continues to lie about its impact on SMEs, denying the fact that in reality they’re discriminated against and barely get/pursue patents.""What are the latest trends in self-driving vehicle innovation? This EPO study reveals the most-active companies too," the EPO tweeted yesterday.

"Way to frame software patents as "Cars" -- one of several tricks ("Hey Hi", "Blockchain", "IoT") for painting illegal patents as ground-breaking," I responded. They also tweeted their usual nonsense about "SMEs". The EPO continues to lie about its impact on SMEs, denying the fact that in reality they’re discriminated against and barely get/pursue patents.

Our FFII friends at Brussels are meanwhile preparing action on the ground. As Benjamin "NO Software Patents" Henrion put it yesterday, quoting Richard Stallman: "The volunteer activists drifted away, thinking the battle won, but the corporate lobbyists for software patents were paid to stay on the job. Now they have contrived another sneaky method: the "unitary patent" system proposed for the EU..."

"Demonstration against Unitary Software Patents" is planned, Henrion told me yesterday, setting the time and place as follows: "thu 12dec@12h00, Brussels regional parliament (PRB)" (the same time Brits are voting).

"We are calling for a demonstration against the UPC this thursday at noon," he said, "in front of the Brussels Parliament. UPC is on the agenda the day after."

This didn't happen overnight, as he first told me about it last week and yesterday he tweeted: "We are preparing a demonstration against the Unitary Patent Court (UPC) and its patent trolls, stay tuned!"

Henrion is still preparing this protest (same day as British election) and needs to interact with those who attend. There's lots at stake and having just earned television coverage in Belgium (an event he organised), one can hope the UPC protest can accomplish something similar. _____ * Incidentally, Rose Hughes (AstraZeneca UK litigation team) has just published this 'Katty' post about T 2037/18. The 'Kats' used to write a great deal about the fact that judges had come under attack and lost their independence. But not anymore. From the EPO's Boards of Appeal that totally lack independence:

T 2037/18 is an EPO Boards of Appeal case that considers how much an opponent needs to prove in the Notice of Opposition itself. The case related to a dispute between Bombardierand Siemens regarding Bombardier’s EP patent (EP2619063) for a train carriage. Siemens cited a train (the TDR Series 460) as prior art against the patent, alleging prior use by Bombardier’s customer Transregio Deutsche Regionalbahn (TDR). The case centred around whether the transfer of the train from Bombardier to TDR could be considered to have taken place under conditions of confidentiality. Crucial questions in the case were a) on which party the burden of proof should be laid and b) whether this burden was on the opponent in the Notice of Opposition. Another key question was whether the burden of proof placed on Siemens in opposition had been the equivalent of asking them to prove a negative (or more philosophically speaking, had it been like asking the opponent to prove the existence of the philosophical "celestial teapot").

The Opposition Division (OD) did not consider the information provided by Siemens on the TDR 460 train to be enough to substantiate the opposition. The OD particularly considered that the process of transfer between Bombardier and TDR should be considered as having taken place under conditions of implied confidentiality. The OD thus found that the burden of proof had been on Siemens to demonstrate the lack of such conditions of confidentiality between Bombardier and TDR in the Notice of Opposition. In the absence of any such proof the opposition was considered inadmissible.

The appeal case explored the issue of whether the burden of proof really should be viewed as resting with the opponent in such a case.


There's more in there on what was decided on "existence of confidentiality agreements"; as usual, Hughes conveniently ignores the fact that the decision may lack legitimacy due to judges lack of autonomy -- an issue they themselves have repeatedly complained about.

Recent Techrights' Posts

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
[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
 
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
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
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