Bonum Certa Men Certa

Making up Law at the EPO

Video download link



Summary: Another video about the ongoing EPO series and some news/commentary from around the Web

THE concept of "law and order" is under attack in Europe. The second-largest European institution and Europe's largest patent office is shamelessly throwing the law in the bin, in effect binning the very basis for its existence so it now operates in a legal vacuum, just like some warlords in Libya.



"Michel and Minnoye should be in retirement. They're still closely connected to the people who ruined (and sometimes still ruin) the institution, driving out the talent, lowering patent quality/legitimacy, and throwing 40 years of organisational reputation under the bus."Speaking of Libya, Benoît Battistelli's master is in prison (yes, connection to northern Africa) and António Campinos lost his father in Africa where he had fought the sort of colonialism his son now fights for. It's an act of occupation against European citizens (e.g. European software patents against European programmers like myself). It's also an act of occupation against people who wish to or need to be vaccinated. Whose interests are being served by those well-dressed warlords?

The lawlessness of the EPO is concerning or deeply worrying a growing number of people, some of whom aren't suppressed by the employer (at least not if they comment anonymously) or by some 'warlords' of blogs, such as the administrators at IP Kat. Looking at some of the latest comments in Kluwer Patent Blog, somebody has just pointed out the way in which the U.S. Patent and Trademark Office (USPTO) proudly boasts granting far too many patents, often overlooking or intentionally ignoring laws and caselaw, e.g. SCOTUS on Alice (35 U.S.C. €§ 101). "The USPTO just issued its eleven millionth patent," said this comment, "its eleven millionth restraint of trade. Business at the EPO is confined to deciding whether to allow or cancel just another such restraint of trade, one of millions of the things."

We've recently relegated much of our patent coverage to Daily Links, where personal comments are added inline.

As far as we know, some of the worst censors at Kluwer Patent Blog no longer write there; there are other decent comments there with legitimate points being raised and regarding G 1/21, as below, it says:

With just over two weeks to go before the oral proceedings in G 1/21, it is somewhat surprising to note the complete absence in the public record of any indications that the EBA has, or will soon be, initiating proceedings under Art 24(4) EPC.

Indeed, this is quite astounding for a number of reasons.

Firstly, a party to the proceedings has (more than two weeks ago) raised formal objections under Art 24(3) EPC. This means that, under Art 24(4) EPC, the EBA has no option but to take a decision on the objections without the participation of the members concerned. Such an important decision cannot be taken lightly, or without seeking comments from the members concerned. Sorting all of this out takes time … which, if oral proceedings are to go ahead as planned, is now running very short.

Secondly, it is difficult (though sadly not impossible) to conceive that the EBA will concoct a reason to dismiss the objections against its current Chairman. Thus, a change in the composition of the EBA is likely and needs to be announced to the parties in advance of the oral proceedings.

Thirdly, objections to members of the EBA were first formally raised in an amicus filed (by epi) precisely a month ago today. The EBA has therefore had plenty of time to consider how it should go about dealing with the points raised in that amicus brief.

Lastly, it is possible that wheels are in motion behind the scenes, and that a decision on objections to certain members will issue very soon. However, if the first that the public learns of the EBA’s deliberation on the objections is their final decision, then, unless the slate is wiped clean (i.e. if all decisions taken by the current Chair are rescinded and proceedings in G 1/21 are re-started with a new composition of the EBA determined by a new Chair), this would hardly be the kind of transparency that would help to ensure that justice is seen to be done … especially when there are so many objectively well-founded reasons to doubt the independence and impartiality of the EBA in its current composition.


LightBlue responded with: "If any members of the EBA are going to consider the objection of partiality, I would expect that the external members would be the most likely candidates to do so. The question then arises as to what information is being disseminated to them. Are the formalities officers being kept on a short leash and only forwarding submissions which do not raise this issue?"

This is the case we currently deal with and the above is leading us more smoothly to Part 7 ("Calle's Strange Metamorphosis"), which we shall publish tomorrow morning or tonight.

Willy MinnoyeNotice the mention of two notorious former officials, Jacques Michel [1, 2, 3] and Willy Minnoye (we wrote about both several times over the years). They apparently still fail to see that the EPO making up the rules as it goes along isn't acceptable. Michel and Minnoye should be in retirement. They're still closely connected to the people who ruined (and sometimes still ruin) the institution, driving out the talent, lowering patent quality/legitimacy, and throwing 40 years of organisational reputation under the bus.

Recent Techrights' Posts

SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
 
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
The Era of Silence
So stay silent, remain hidden
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026