Bonum Certa Men Certa

Dr. Bausch Questions the Merits and Claims of EPO Management Regarding ViCo ('Skynet' Virtual 'Courts')

As did a few other law firms as of late, mostly for practical reasons rather than illegality (ripe for espionage)

Dollars
Can't anyone see that outsourcing 'European' legal proceedings to the United States is outright absurd and unlawful?



Summary: Few courageous attorneys are willing to speak out about (and against) what EPO management is doing right now, in effect exploiting a public health crisis to override the law, spy on lots of people, outsource legal proceedings to the United States and so on

THE management of the EPO isn't fooling staff. The management will have its E-mail boxes stuffed by complaints this week. This kind of action is long overdue and may be effective when staff cannot congregate (legally) to protest.



"Well, as it turns out, not everyone in the patent/legal profession appreciates this ridiculous rush to ViCo, which now forces (or compels) parties to participate in something illegal (SUEPO cited the relevant laws or regulations)."What about law firms and attorneys? As it turns out, those with a spine are willing to speak out and we're thankful to the few that do. Thorsten Bausch (Hoffmann Eitle) wrote about the EPO's management breaking the law (again), this time by rushing to ViCo (or VICO, the spelling varies). Laws replaced by buzzwords and catchy acronyms?

The "EPO should also listen to the parties’ concerns," Dr. Bausch explains, "against oral proceedings by VICO in an individual case and take them seriously."

Stocks As we put it the other week, using an analogy and moreover paraphrasing the EPO's misleading text: "Nuclear weapons advances have been broadly welcomed by the military profession."

Well, as it turns out, not everyone in the patent/legal profession appreciates this ridiculous rush to ViCo, which now forces (or compels) parties to participate in something illegal (SUEPO cited the relevant laws or regulations). From Dr. Bausch's analysis/opinion:

With that, we are back in the present. Just recently, the EPO President has ordered (oktroyiert) that oral proceedings before the Opposition Divisions will from now on take place via videoconference (VICO). Consent of the parties will be no longer required.

[...]

So, to cut it short, VICO as a means to hold oral proceedings in opposition proceedings were available since (at least) May 2020. Yet alas, they were not accepted by “the patent profession” to an extent sufficient to clear the EPO’s backlog. Thus, time to tell the profession how to do it properly. Thank you, Mr. President.

It is more the style of this communication that disturbs me than the substance of the President’s decision. I (and I think this applies to the majority of the patent profession) do realize that we live in difficult times, and that oral proceedings in person before the Opposition Divisions are not exactly what should be done in order to keep your contacts to the necessary minimum. I also understand that the EPO is building up a backlog of cases if no or only a few decisions can be made in COVID-19 times. The patent profession will suffer at least as much from this backlog as the EPO itself. Just imagine if you have to attend to (and ideally win) 2 or more oral proceedings every week… – So, I understand that something should be done to avoid this unpleasant state of affairs. But is this not the point in time where to conduct a public consultation and collect both the ideas of stakeholders and their concerns before announcing such a decision? Conversely, if you understand your position as the boss of an Octroybureau, why bother?

[...]

So this new Article would enable and empower the Boards of Appeal to adopt a “new normal”, i.e. oral proceedings by videoconference “if the Board considers it appropriate to do so“. Notably, this new Article in its present form would apply indefinitely, i.e. may well outlive the current COVID-19 situation. I would not be surprised if the Boards of Appeal and their President would tell us that this is definitely not intended and that the Boards would certainly return to the “old normal” after the end of the pandemic. I would even accept and believe that at face value. However, this is precisely the problem of enablement laws – you are completely dependent on the goodwill of the persons you have empowered. I personally would therefore much prefer a legal solution that is either limited in time from the beginning or made dependent on a declaration of the President of the Boards of Appeal or (better) by the Administrative Council that there is a state of emergency due to a pandemic, during which special rules apply, but these rules cease to be applied once this state of emergency has ended. If my understanding is correct, this is also how several contracting states (including Germany) have formulated their infection protection laws.

[...]

Conversely, the EPO should also listen to the parties’ concerns, if any, against oral proceedings by VICO in an individual case and take them seriously.


Some clever commenter has already made the point we last made yesterday, with respect to software patents in Europe: "How many patents are there over videoconferencing? Even the EPO can’t tell if it is a legal solution that respects all the patents they granted themselves."

Yesterday we joked that those webchats of theirs can be taken down by a patent troll engaging in injunctions, patent assertion activities (blackmail) and so on. We already know about some European GNU/Linux developers who face such abuse, thanks in part to the corrupt EPO granting patents it never should have granted. It hurts everybody. At the moment there are a couple more comments in there. It's good to see Dr. Bausch back to asking the "tough questions" -- the sorts of questions that Benoît Battistelli and António Campinos can only ever distract from using fluff/noise du jour.

Recent Techrights' Posts

BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
 
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026