Bonum Certa Men Certa

Article 116(1) EPC and the Stacked Courts Initially Entrusted to Judge Their Own Actions

Summary: There's growing awareness of the catastrophic setup, allegedly designed to rule in favour of unlawful procedures; we expect the EPO to bombard the media in the coming days (to blind people or lead them away from the controversy)

A DAY after we had covered here the removal of the BoA President from G 1/21 (ViCo referral) Rose Hughes (AstraZeneca) expectedly followed up. She wrote: "I. Beckedorf has therefore also been replaced on the panel."



Frog: Look, Justice in the EPO works as intendedThis more or less confirms that it's Beckedorf who was removed along with his 'boss'. We'll discuss both of them later in our ongoing series and show them in tandem.

There's a certain irony about G 1/21. That hearing itself has been outsourced to the US. To quote: "The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021)."

An outsourced hearing about the legality of outsourced hearings. Classic!

More from Dr. Hughes:

The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties (IPKat). The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021). The EPO has now opened registration to watch the livestream.

The new rule of procedure of the Boards of Appeal (RPBA), Article 15a, was introduced earlier this year. Article 15a RPBA permits a Board of Appeal to hold oral proceedings by ViCo whenever "the Board considers it appropriate to do so".

The referral in G1/21 asks the question whether Article 15a RPBA is compatible with the right to oral proceedings as enshrined in Article 116(1) EPC. The referral itself stems from appeal of the opposition decision to maintain EP1609239 in amended form (T1807/15). The Opponent originally requested the referral to the EBA as an auxiliary request in the appeal hearing. The Opponent subsequently withdrew the request. The Board of Appeal none-the-less decided to continue with the referral (IPKat). The Opponent has since changed representatives, and has submitted a request that the referred question should be answered in the negative, i.e. that ViCo oral proceedings without the consent of all parties are not compatible with Article 116(1) EPC. The patentee will not be participating in the oral proceedings.

In testament to the controversy surrounding ViCo oral proceedings, the referral has attracted almost 50 amicus curiae. These include submissions from epi, CIPA, multinational companies (BASF, Philip Morris, Siemens) and patent attorney firms. Aside from the substantive question of the legality or otherwise of Article 15a RPBA, considerable concern has been raised by multiple parties over the risk of perceived partiality by the EBA members themselves.


"It's about "AI-generated IP" and other nonsense with misnomers."We don't suppose that EPO officials will mention this case much; instead, as was the case under Benoît Battistelli and under António Campinos during G 2/19 (another Enlarged Board of Appeal case), there will likely be bombardment against the media with pure noise, misleading or misdirecting the public, legal observers in particular. We couldn't help but notice that days ago (warning: epo.org link) Campinos added a pair of jeans to his beloved sneakers, pretending he's cool and casual while in fact abetting corruption in Europe's second-largest institution. It's about "AI-generated IP" and other nonsense with misnomers. No substance at all, but two -- not just one -- Campinos photo ops.

Tell me something I don't know. Won't you, António?
Man of his people...

Recent Techrights' Posts

Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
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
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
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
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
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