Bonum Certa Men Certa

COVID-19 Crisis: When EPO Outsources Everything to a Surveillance System of Microsoft and the NSA

A joke or a farce of a 'justice' system, where the platform is controlled by a company that commits a lot of serious crimes and works for the Pentagon, builds internment camps for ICE etc.

Grant Philpott E-mail regarding Microsoft



Summary: In another major fiasco, EPO management gives Microsoft control over (or insight into) the competitors' business and highly confidential legal affairs (along with the US government, by extension); it's likely not legal, it is definitely not constitutional, and EPO staff complains about the laughing stock that the EPO rapidly becomes under António Campinos, who totally exploits the pandemic to shamelessly attack staff and grossly violate the EPC

MR. Campinos rapidly turns out to be even worse than Battistelli. COVID-19 brings out the worst of him and he's bringing out the EPO to Microsoft, a foreign monopolist whose Skype surveilance is a subject we've been covering for over a decade (even before Microsoft bought it).



As longtime readers may recall, half a decade ago we wrote many articles about favourable Microsoft treatment at the EPO and even leaked material to that effect. In our newly-tidied-up wiki pages it can be found. They're linked from here still. Nothing has improved since; in fact, the U.S. Patent and Trademark Office (USPTO) nowadays wants to punish applicants who do not use Microsoft's proprietary OOXML -- that's how bad it is (but at least both that office and the company are American!).

So a company that lobbies against 35 U.S.C. €§ 101, lobbies for software patents in Europe, blackmails competitors using patents and so on is taking control of some of the EPO's 'crown jewels'.

Is this legal?

Of course not. Common sense!

"Is this legal? Of course not. Common sense!"Is EPO management doing it regardless? You bet! It's not like they ever allowed 'pesky' laws and 'obnoxious' constitutions stand in the way of fake 'production'.

Thankfully, staff representatives already speak about it. The anonymous "Kluwer Patent blogger" wrote about it yesterday.

So while taking another building in Haar (while leaving empty space in existing buildings) the EPO is happy to send venues of EPO... to Microsoft. Only 2 years ago they finished wasting lots of money on a new building and they plan several more at a huge cost (while falsely claiming to lack money for staff!) and now this:



The Central Staff Committee (CSC) of the EPO is very outspoken above the announcement, in the middle of the coronapandemia, that videoconferencing will be the new standard: we’re being rushed into a change which is full of legal and technical pitfalls. In a letter published on the EPO’s internal pages half April, the CSC points out that many high and lower courts in the member states have suspended all oral proceedings which are not absolutely urgent. It “would make sense to align the Office with the practice as well as with emergency provisions of its host countries. This would also appear mandated by the Protocol on Privileges and Immunities.”

The CSC argues: “Holding oral proceedings as distributed videoconferences with the members of the division participating at different locations in the Office or at home is part of your initiative of generalising and making teleworking mandatory, which constitutes a fundamental change in the working conditions of an major part of staff. It must therefore be subject to statutory consultation with the COHSEC and the GCC in accordance with Articles 38(2) and 38a(3) ServRegs.

Since it has been decided to extend the new procedures for oral proceedings in examination beyond the current Corona crisis, in-depth consultation is necessary. The same applies to opposition oral proceedings for which this new procedure appears likewise here to stay.”

The CSC sees various legal issues: “Opposition oral proceedings are by law public proceedings, cf. Article 116(4) EPC. It is not at all clear how this is guaranteed if the hearing is conducted as a ViCo (see e.g. T1266/07, points 1.2 and 1.3). The preliminary guidance given in VP1’s announcement (…) states that if the division “receive[s] requests of public to attend opposition proceedings performed via ViCo” it should “contact [its] line manager”, presumably that of the first examiner. Aside from the fact that the line manager is not competent for interfering with the discretionary decisions of the Divisions, the public does not need to “request” attendance, or to announce it in advance. A possibility for the public to attend should therefore be guaranteed in all cases, regardless of any advance request. The guidance thus brings examiners into a conflict between the expectations of management and the requirements of the EPC.”

“A problem of breach of confidentiality might further arise if members of divisions were not able to adequately isolate themselves, especially during examination non-public OP’s and during deliberations.”

On the technical side there are issues as well, according to the CSC: “a yet unknown number of examiners cannot establish simultaneously both a Skypefor-Business connection and an EPO network connection via Pulse-VPN, as would be required for ViCo OPs, because the network hosts the application documents and the EPO email account. Only either connection works fine by itself.”

This leads the CSC to a very clear conclusion: let’s not do this. “At present there are no clear laws, no guidelines and no technical facilities to allow distributed oral proceedings in examination and opposition proceedings. In the latter case, even “non-distributed” ViCos with divisions on the Office premises would at present not rest on a solid legal basis.

The measures presently foreseen should be immediately halted and reviewed, also involving the Staff Representation.

In view of the additional strain on the examiner’s mental health, we can at present only advise divisions to judiciously choose, weighing all circumstances, whether to conduct oral proceedings by ViCo or rather to postpone them to a later date until circumstances for conducting them either as a classical ViCo from the Office premises or as “standard” proceedings in person are restored.”



This is amazing! See the bit highlighted about.

Are we shocked? Of course not, the EPO breaks the law all the time and as recently as yesterday it openly advertised in Twitter its bribery programme for scholars. Here's what MaxDrei said about the above (he still comments in IP Kat, where comments critical of EPO for abuses are being censored):

Those running the EPO business are clearly disciples of the “Never let a Good Crisis Go to Waste” school of management thinking. Get in with a measure to cut costs and raise profit levels, regardless of any loss of product quality. Those running the EPO business (management, supervisory Board), it seems to me, have no appreciation of any importance in preserving the reputation of the EPO for the quality of its decisions on matters of fact and law.

Any criticism of setting the VC as default will be waved away as the bleatings of self-interested patent attorney firms, thwarted in their efforts to hold on to high turnover and profit figures associated with in vivo oral proceedings. It’s up to the critics to find lines of argument that are resistant to being fobbed off as mere self-interest. After all, the patents courts of England are now making heavy use of VC technology to keep patent litigation ticking along. Justice delayed is, of course, justice denied. it’s just that these VC Hearings are not used for the cross-examination of vital witness testimony, for which the judge needs to see the witness and their interlocutor face-to-face.

Who can give us examples of unscrupulous use of the VC to frustrate the over-riding objective of doing justice?


"Concerned observer" replied:

It is a matter of fact that a Decision of the President of the EPO cannot have the effect of altering (the interpretation of) the EPC. The President simply does not have the power to amend (on his or her own) the Articles or Rules of the EPC in any way. Any restrictions imposed by the President on the right to be heard are therefore clearly unlawful and unenforceable (by the Boards of Appeal).

Especially in the current circumstances, it is perfectly reasonable for ViCo technology to be offered as an OPTION to parties to proceedings before the EPO. However, for the reasons outlined above, it is unacceptable for proceedings to be conducted by ViCo against the wishes of any party to the proceedings. For opposition proceedings, the use of ViCos also poses problems (as discussed by Max and Attentive) regarding attendance by members of the public.

So why would the President issue such an obviously problematic (and unlawful) Decision?

Frankly, there is no good answer to this question. Indeed, this situation merely serves to illustrate the arrogant and, at times, lawless behaviour of the EPO’s President (and senior management, who must surely also shoulder some of the responsibility for this latest outrage).

This situation also raises another question to which there is no good answer: who will stop the President from trying to ensure that the Decision is both upheld and enforced?

Certainly not the AC, as that has turned into a dog that is wagged by its tail. Perhaps the Boards of Appeal – but only if they still have sufficient independence to risk of opening up another political can of worms. (Bearing in mind that “resistance” from the Boards could lead to another situation where the President, perhaps again enabled by the AC, tries to overturn any inconvenient case law by introducing an Implementing Regulation that overrides the current interpretation of Article 113(1) … and perhaps ultimately to another referral to the Enlarged Board in which the President kindly asks the EBA to agree with his novel interpretation of the EPC.)

Previously, it was clear that the list of “stakeholders” whose voices and opinions that this (and/or the previous) President of the EPO was happy to ignore included (non-senior) EPO staff, EPO staff representatives, Board of Appeal members, the Association of the Members of the Boards of Appeal, national courts and their judges (as illustrated by events in the Corcoran case) and certain (national associations of) professional representatives. To that list we can now add the epi, patent applicants, opponents and interested members of the public.

This poses one more question: is there any stakeholder whose opinion the President will take seriously? The way that things are currently working out, and absent a move by large numbers of applicants to take their cases to national patent offices, I would wager that the answer to this question is “no”.


MaxDrei agreed:

...Concerned’s concluding thought nails it.

The arrogance on the top floor of the EPO can be imagined as a nonchalant shrug of the Presidential shoulders and a casual throwaway remark from him, to the effect that:

“If the Applicants don’t like it, they can eff off and take their cases to the national Patent Offices. But, until a lot of them do exactly that though, I shall keep going with my sociopathic, corporation-style policies. And for exactly the same reason as in all those anti-social corporations, namely, to maximise the “value” that the Chief Executive doles out to the EPO’s shareholders. It is the ONLY duty imposed on the legal person that is a corporation. If that duty is good enough for a corporation, it’s good enough for the EPO too. Especially the EPO. Because what’s good for the EPO shareholders is good for the general public in Europe. End of discussion.”


"Not a friend of obligatoy ViCos" then said: "Imagine that your law firm has a well-functioning SIP/H.323 video-conferencing systems, you receive the conference number and the required information how to dial in with the SIP/H.323 video-conferencing system, and one (!) day (!) before the oral proceedings via ViCo you are informed that despite the official information provided together with the conference number (https://www.epo.org/applying/online-services/proceedings/technical-guidelines.html) only Microsoft Skype for Business can be used, because the examiners sit at home and SIP/H.323 cannot be used in such circumstances…"

Emphasis is ours. So Microsoft is now like a European court? Of course it's not legal. It's even worse when they put a criminal company in charge of it -- a company that already admitted that it spies on people's personal E-mails for its business purposes (or putting people in prison for doing things Microsoft itself dislikes).

EPO in 2020: brought to you by Microsoft!

“Microsoft is, I think, fundamentally an evil company.”

--Former Netscape Chairman James H. Clark

Recent Techrights' Posts

People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
 
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026
"Headcount" as Distraction From Mass Layoffs and Salary Reductions
Things aren't looking well when one considers revenue is acquired, not earned
"Linux" Slop Turning Rarer, New York Times Nowadays Contaminated With LLM Slop
Another day has passed without much slop about "linux"
Links 27/03/2026: Studying Whale Births, Apple is Cancelling Products, Cambodia Arrests Journalists Over Photographs
Links for the day
Gemini Links 27/03/2026: GTD, Gopher Catchup, Gemini Crawlers, and "Slop Everywhere"
Links for the day
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026