Bonum Certa Men Certa

Who Will Merpel be in 2020? (Now Defending Battistelli's Attacks on EPO Judges and Serious Violations of the EPC)

Maximalists (patent, copyright, trademark etc.) and litigation zealots have taken over IP Kat, which has sadly become merely an amplifier of EPO lies (deliberate falsehoods) and propaganda

The old IP Kat
The 'old' IP Kat (several more key people have left since)



Summary: The tone of IP Kat has changed to the point where it's very much part of Team Campinos/Battistelli -- i.e. the very opposite of what it was prior to key departures and sanctions from the European Patent Office (EPO)

THE EPO is not an ordinary institution. I probably ought to know this, having covered it very closely since 2014 (I had covered it before that, albeit not as closely and without inside informants). Today's EPO is bribing and threatening publishers (they tried this on us several times). Sheer corruption, sheer abuse, but these people enjoy immunity...



I've often read about practices such as these in Russia or sometimes China as well. Is Europe prone to tolerating the same? The corrupt people who have seized control of the Office are effectively killing every form of journalism (about patents) that dares criticise or even speak about EPO abuses. I spoke to some reporters and they told me stories. Giving the full details would likely reveal identities of publishers and therefore writers too.

"I've often read about practices such as these in Russia or sometimes China as well. Is Europe prone to tolerating the same?"The EPO may in fact be Europe's most corrupt institution. This very much matters because it's also Europe's second-largest one. Why don't more publications speak about it? Well, being Europe's second-largest institution means a lot of power, connections and even budget ('slush funds'). Therein lies a very big problem. Publications that used to speak of EPO issues refrain from saying anything at all. It's not necessarily the case that they all paint a rosy picture; but when there's a scandal they pretend not to see, they perpetuate the idea that it does not exist. I've witnessed similar things when Wikileaks published some bombshell reports/leaks, whereupon there were even (as recently as this month) reports about reporters who resign, having been denied -- by the publisher -- the permission to cover the story. 4 years ago I saw that at the BBC. They try to keep as 'marginal' as possible particular stories/developments, suppressing 'inconvenient' facts to guard an incomplete and misleading narrative. JUVE totally embraced that. Yes, JUVE... which used to provide splendid coverage back in the days.

Several years ago people reported to us that IP Kat had begun actively deleting comments -- even entire threads -- critical of EPO management. Moderators changed. They sought to police the tone, narrative, discussion etc. It was rather astounding given the low standards applied; totally polite comments were deleted as well (we made copies -- where possible -- before these deletions). Since then IP Kat has been pushing UPC lies every month or so. With AstraZeneca and Bristows in key positions it's hardly surprising (consider their corporate agenda), which means that IP Kat has become 'litigation industry' blog. Also remember Stephen Jones; previously in charge, not just at CIPA, an integral part of Team UPC, he did photo ops with Battistelli. It was as if he chose to make photographic evidence of a complete coup.

"Several years ago people reported to us that IP Kat had begun actively deleting comments -- even entire threads -- critical of EPO management."We could go on and on talking about the pro-software patents bias of IP Kat; it hardly deals with 35 U.S.C. €§ 101 at the U.S. Patent and Trademark Office (USPTO) and a lot of the time it uses misleading propaganda terms that are technically and legally unsound. So what is this blog even useful for? When it comes to patents, it's not scholarly at all (the scholars have mostly left), it's a litigation lobby. Ask around the EPO (examiners); they might say the same. The difference is felt. Speak to former 'Kats' (if they dare speak out); they too might say the same.

This morning I saw this latest tidbit, preceded by the following introductory paragraph: "It has been a busy year for the Enlarged Board of Appeal. 2019 has seen four referrals from the Boards of Appeal and one decision. The more controversial of this year's referrals (namely Pepper and Computer simulated inventions) have attracted a large number of third party comments. Other referrals (i.e. "Double-patenting") seem to have dropped off the radar of even the EBA. Readers may therefore be forgiven for losing track."

This is far from a balanced overview; we'll get to that in a moment. Rose Hughes with her typically dismissive remarks about software patents critics (we covered her stance on software patents in Europe in the past; she's no coder) isn't quite surprising to us. We've become accustomed to it by now. Her outline does not mention at all those who oppose software patents, instead giving the impression that software companies are in favour (citing monopolies and law firms); they try to 'vanish' actual coders, letting legal departments of multinationals claim to speak 'for' them. She also mentions Campinos with his violation of the European Patent Convention (EPC) -- the principle of separation of powers -- but seems to see nothing wrong with that!

"Remember that Merpel is not an actual person but a pseudonym for several (they told me so themselves)."For those who wish to hear from critics of software patents (people who actually do software) there's this talk tomorrow by Benjamin Henrion at CCC/36C3 in Hamburg (Germany). They've "Moved the Unitary Software Patents discussion to Sunday at 6PM", he noted. It was supposed to be today. "Unitary Software Patents discussion moved to 6PM on Sunday," he added later. We know that some of our readers will be there (but won't name them).

Going back to IP Kat, notice what Hughes added in: "[Merpel: Whilst relocation of the Boards of Appeal was undoubtedly an unpopular move, was it really necessary to expend EBA time on such a question?]"

Remember that Merpel is not an actual person but a pseudonym for several (they told me so themselves). It wasn't an "unpopular" move but an illegal one. But now they're changing history and retroactively justifying the abuse. Here's the full text about software patents and Haar:



Computer simulated inventions (G 1/19)

The patentability of software (which takes the form of computer "simulated" or "implemented" inventions under the EPO's problem and solution approach) is a controversial topic. In the first of a couple of referrals in February, a Board of Appeal (3.5.07) sought clarity from the EBA on the patentability of computer-implemented simulations (T 0489/14): The patentability of computer simulated methods - another referral to the Enlarged Board of Appeal. The referral was followed by comments from the EPO president: Comments from the EPO President on the patentability of computer-implemented simulations (G 1/19). The President appears broadly in favour of the patentability of computer-simulated inventions. The referral particularly relates to claims having both a technical and non-technical character. The referral asks whether the non-technical features of such an invention and/or the technical purpose of the invention can be considered in the assessment of inventive step.

G 1/19 has received a large number of amicus curiae from third parties. A number of the amicus curiae are from large software companies, who are unsurprisingly in favour of the patentability of this kind of software invention (e.g. Siemens, Philips and IBM). CIPA and EPI have also all given their view, which are in favour of including the technical purpose of a claim in the assessment of inventive step.

Clarity in appeal and is Munich in Haar? (G 2/19)

The second referral in February related to appeals procedure. The referral sought an answer to whether a clarity objection can be discussed in appeal oral proceedings. Clarity can not be raised in opposition (accept in response to a Patentee's post-grant amendment). A clarity objection may be raised in examination by a third party (Article 115 EPC). In the case in question (T 831/17), in order to pursue a clarity objection after grant, a third party filed an appeal against the decision to grant the patent (EP2378735). The appeal was rejected as inadmissible. However, the Board of Appeal referred the question to the EBA of whether the appellant still has the right to oral proceedings even when an appeal is deemed inadmissible.

In response to the referral, the EBA decided that following an inadmissible appeal, a third party is not entitled to oral proceedings in order to discuss the third party's clarity objections. The EBA therefore closed the door on the possibility that clarity may be discussed as a ground of opposition in appeal proceedings: Enlarged Board of Appeal releases full reasoning in G2/19. The opposition period for the granted patent has now expired.

The final question in the referral raised a collective sigh from many in the patent community. The question related to whether Haar could really be said to be situated in Munich: Where is Haar and how did it get there? Observations on Geography while Waiting for G2/19. In particular, did the location of oral proceedings in Haar contravene a party's right to be heard? Rather unsurprisingly, the EBA decided that Haar was in Munich. [Merpel: Whilst relocation of the Boards of Appeal was undoubtedly an unpopular move, was it really necessary to expend EBA time on such a question?]



Wow, what a truly terrible remark, attributed to "Merpel". In past years Merpel held exactly the opposite position, but the whisperer handle which is "Merpel" is now used to justify what happened to G 2/19. Sorry, "Merpel", but now you're contradicting yourself, you're not even consistent!

Now that the blog's founder has left -- and later those whom he left in charge (entrusted so to speak) -- who's even in charge? We have a rough idea as it's at the top of all pages in the blog (names but not employers). They try to give the impression that the blog is run by a vast and diverse team.

"Now that the blog's founder has left -- and later those whom he left in charge (entrusted so to speak) -- who's even in charge? We have a rough idea as it's at the top of all pages in the blog (names but not employers)."Read again that last paragraph (above); to them, it's almost as if it's a waste of time to check whether the law is being broken (which isn't hard to see, but they make it a political question and thwart it altogether). Remember that this decision was released not in English (intentional). As we explained and showed at the time, they googlebombed in every way possible to distract from what was happening. Read the first (and as of now only) comment: "Regarding G4/19, the written decision was handed down on December 20, 10 months after the hearing."

By that stage will anyone care/notice/bother?

Days ago we also saw Sterne, Kessler, Goldstein & Fox P.L.L.C. wrongly assuming that the EPO respects the EPC (it does not, it's a rubber-stamping machine) when writing about bioinformatics patent claims. To quote:

This article discusses challenges in prosecuting bioinformatics patent applications before the European Patent Office (EPO). The EPO determines the subject-matter eligibility of bioinformatics patent applications under Articles 52 and 56 of the European Patent Convention. Article 52 governs what is considered patent eligible subject matter.[1] Article 56 governs whether a bioinformatics patent claim involves an inventive step.[2] While Article 56 is not directly related to eligible subject matter determinations, the EPO uses this Article to screen bioinformatics patent application for eligible subject matter issues. Four points of concern and consideration related to the subject-matter eligibility of bioinformatics patent applications in Europe are discussed below.

First, under Article 52, the EPO may incorrectly reject a bioinformatics patent claim as being directed to (1) discoveries, scientific theories, and mathematical methods, or (2) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers.[3] One way patent applicants can argue that a bioinformatics patent claim is not directed to either category is to explicitly recite a computer or physical step (e.g., tying bioinformatics method claim to specific technical equipment) to support technical character in the claim.

Second, under Article 56, the EPO may overlook a technical purpose of a bioinformatics patent claim. In response, patent applicants can argue that the technical purpose is the biological rationale for performing the bioinformatics analysis. For example, the biological rationale can be related to diagnosing a disease or assessing a particular physical property. Patent applicants should be cognizant that issues may arise when arguing that the features fundamental to solving the biological problem (e.g., aligning gene sequences) are the biological rationale. This is because such features may not be considered by the EPO to sufficiently provide the requisite biological rationale.


Articles 52 and 56 of the European Patent Convention won't matter to today's EPO management; because it routinely violates many other articles and it gloats about that mass violation having no consequences!

Last but not least, Kluwer Patent Blog is the latest of several to speak of "inventive step" (the EPO's bizarre terminology, which includes "technical problem") in the context of "hope" -- as pertaining to T/83. Arianna Bartolini, Charlotte Richards-Taylor and Thorsten Bausch (published by the last of the bunch) say this:



As was rightly noted on this blog, the skilled person’s “hope” of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the Guidelines for Examination. What we are left with is the (perhaps) more objective “expectation of some improvement or advantage (see T/83)”. Interestingly, this expectation of “some improvement or advantage” no longer appears to be so closely linked to the objective technical problem than the language previously used in the Guidelines. Whether this will in the future give rise to more problems for applicants or patentees remains to be seen. In any case, it may be a good point in time to remind ourselves that even recognizing a problem and its roots can (at least sometimes) be an invention of itself.

[...]

Conclusion

Decision T 2321/15 thus came to the interesting conclusion that the discovery of a yet unrecognized problem may give rise to patentable subject-matter in spite of the fact that the claimed solution may be, once the root of a problem has been identified, retrospectively trivial and in itself obvious. As such, T 2321/15 is not the first decision of its kind, but rather follows a long tradition starting with T 2/83 itself, which was confirmed in T 764/12. It may thus be prudent for parties applying the problem-solution-approach to include the recognizability of the objective problem and its cause into their considerations.


Nothing is said about the lack of independence of the Board; this has, apparently, become the new 'normal'; the EPO has managed to silence or 'tame' its critics and now everyone is supposed to accept that Haar is the permanent home of 'justice' -- where judges are actively lobbied/pressured by Campinos himself to allow illegal patents.

"Articles 52 and 56 of the European Patent Convention won't matter to today's EPO management; because it routinely violates many other articles and it gloats about that mass violation having no consequences!"We certainly hope that more blogs will appear that the EPO won't bribe or censor (or threaten). As it stands, however, even IPPro Magazine no longer covers EPO affairs (it did for a while and Barney did a decent job). Based on their site, they stopped publication about a month ago (prior to that they had significantly slowed down and only Becky Bellamy composed new articles, mostly PR and 'puff pieces' that resemble advertisements).

Recent Techrights' Posts

Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
 
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025