Bonum Certa Men Certa

Breaking: G1/21 (ViCo Hearing) Going Down the Drain

Drain



Summary: The crisis of legitimacy inside the Boards of Appeal has caused today's hearing to be postponed, maybe indefinitely (pending a solution to this crisis/deadlock)

SO it finally happened!



"By extension, the credibility of any claims of independence for Boards of Appeal judges is now at historic lows (or worst since the kidnapping of Judge PC)."Stick a fork in it, it's done!

OK, as a quick recap, a few days ago we finished our 20-part series about G1/21. Rose Hughes and comments on her blog posts played a role in getting the scrutiny up to speed. Techrights threw a wrench (as did many others) and the kangaroo court sort of 'died', albeit it'll never acknowledge what caused it. By extension, the credibility of any claims of independence for Boards of Appeal judges is now at historic lows (or worst since the kidnapping of Judge PC).

In the words of Dr. Hughes (minutes ago):

The Enlarged Board of Appeal (EBA) has decided to reschedule oral proceedings for G1/21 due to a procedural technicality. The referral concerns the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties. However, the substantive issues in the referral were not considered today. Instead, the EBA accepted a request from the Opponent for postponement of proceedings. The Opponent particularly objected that they had not been given sufficient time to consider the President's submissions on the referral, given that they had only received formal notification of these submissions a few days before the hearing.

G1/21: Case catch-up

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 rapid introduction of this new provision sparked considerable controversy, given that it permits Boards of Appeal to hold oral proceedings by ViCo even when one or more of the parties disagree. Whilst most commentators have accepted the necessity of ViCo proceedings during the COVID-19 pandemic, concerns were raised that access to justice before the EPO requires a party to have the right to put their case in-person.

The referral in G1/21 asks 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) (IPKat).

[...]

The EBA was clearly concerned that a decision on the legality of mandatory ViCo proceedings should not be unnecessarily delayed, given the potentially large number of affected cases. The Opponent was therefore asked how long they would require to consider the President's submissions. The Opponent responded that they would like at least 1 month. The EBA accepted this request, and oral proceedings will be rescheduled for June-July in order to allow the Opponent to make further written submissions.

It thus seems that, in the Enlarged Board's admirable attempt to provide legal certainty on ViCo proceedings as soon as possible, certain procedural rules have been overlooked. We will therefore have to wait a little longer to hear the arguments on the substantive issues of the referral. However, on the plus side, at least the parties will not have to travel all the way back to Munich to attend the rescheduled hearing...


Amy Sandys has also just commented on this:

At the beginning of 2021, the European Patent Office and EPO Boards of Appeal changed their practice. Previously, the office could only conduct oral proceedings via video with the consent of both parties.

However, from January 2021, the office made it possible for video proceedings to go ahead even without the consent of both parties.


The above aren't patent sceptics but maximalists. Maybe deep inside they worry about the very viability of these courts, which they wanted us to wrongly assume had operated smoothly and happily. There has been no Haar-mony there for a long, long time.

The Administrative Council needs to step in an examine what happened to EPO management under Benoît Battistelli's and António Campinos's regime. They clearly undermined the legitimacy of about a decade's worth of BoA decisions. Battistelli lost his cool about 8 years ago and now we have loads of discredited decisions, including some on European software patents. Getting back to the drawing table is well overdue. Doing illegal things for so many years, hoping that rigged courts will then rubber-stamp them, is what we can expect from primitive societies, not the very heart of Germany. Speaking of Germany, Merkel is lying again. Old mythology is being spread in the news today. As we noted before, Merkel and her colleagues also protect the "Mafia" at the EPO and cover up/hide the crimes at the EPO (in Germany) because of financial interests. Merkel's latest remarks are bound to infuriate billions of people who cannot be vaccinated due to patent monopolies. Those who echo the same talking points (as one comment in IP Kat did yesterday) basically spread a very racist lie. They want us to think that given knowledge and equipment poor countries still cannot manufacture thei own vaccines. As if people in those countries are brutes and animals or something...

Recent Techrights' Posts

Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
 
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day