Bonum Certa Men Certa

One Week Since the EPO's Boards of Appeal Came to a Standstill Due to Lack of Independence and Impartiality

EPO management has said nothing at all since then

EPO further extends pilot for opposition hearings by VICO
This did not age well



Summary: EPO "hearings by VICO" may be totally illegal (no matter whose consent is given) and there's growing recognition that the Boards of Appeal cannot properly deal with such a question because the Boards of Appeal are basically controlled by those whose actions they're entrusted to assess

LAST Friday was historically significant because in G1/21 (regarding ViCo/VICO) it became apparent that EPO tribunals had been rigged. The question is, how long for? How many cases (of lesser profile) were similarly tainted by lack of impartiality? JUVE and IP Kat covered it very quickly (the same day), followed WIPR[1] and a couple of law firms yesterday[2,3] (they promoted this in Web hubs for lawyers). Much will be said for weeks if not months to come about the full ramifications. It has been one week and EPO management has been eerily quiet. The EPO's "news" section (warning: epo.org link) has been quiet since the month of May. Prior to the planned hearing the EPO wrote a lot about it and it even extended the notorious programme of dubious legality. There was an arrogant assumption the case would be a 'slam dunk' due to the stacking. ⬆



Related/contextual items from the news:
  1. EPO's G1/21 videoconf hearing postponed - World Intellectual Property Review

    The much-anticipated review into the legality of making oral proceedings by video conference at the European Patent Office compulsory has been postponed.



  2. G 1/21: hearing on using ViCo postponed for entirely non-ViCo-related reasons

    Last Friday, the Enlarged Board of Appeal (EBA) heard the case on G1/21 “Oral proceedings by videoconference”. However, the hearing was postponed for procedural reasons before there was a chance to even start discussing videoconferencing (ViCo).

    It is a shame that this case is being held-up by procedural problems, but the EBA has moved quickly and the new hearing has been rescheduled for 2 July 2021.

    [...]

    The first issue discussed was whether new partiality arguments filed by the appellant a couple of days before the hearing were admissible. This was debated for several hours (away from the viewing public).

    The hearing went back into public view after lunch and the EBA announced that the new partiality objections were not admissible. However, the appellant then complained that some documents on file had only been provided to them a few days before the hearing, meaning they had not had time to review and respond to them. In the appellant’s view, this would violate their right to be heard under Article 113(1) EPC unless the hearing was postponed.

    After several more breaks, the EBA agreed to postpone the hearing and gave the appellant one month to review and respond to the late-delivered documents.

  3. Is this the end of ViCo before the EPO without consent of all parties?

    In the pending referral before the Enlarged Board of Appeal, G 1/21, there is posed an important question for all parties involved in oral proceedings before the EPO. Namely: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?

    The referring question stems from T 1807/15 where despite both parties objecting to the use of video conferencing (ViCo) for the appeal in question, the Board held the oral proceedings by ViCo. At the oral proceedings on 08 February 2021, the appellant specifically requested that a question be referred to the Enlarged Board of Appeal (EBA) on this matter and before dealing with the substantive issues of the case, the Board considered it reasonable to seek clarification from the EBA, noting that it was “to avoid any procedural violation”.

    In 2020, oral proceedings were held by video conference only with consent of all parties. This was the EPO’s response to the coronavirus pandemic and is a change in practice that has generally been working well for those involved.

    On 15 December 2020, however, there was a Communication uploaded to the EPO’s website noting that from 01 January 2021, the Boards of Appeal may “conduct oral proceedings by VICO even without the agreement of the parties concerned”. This was followed by the introduction of new Article 15a RPBA which came into effect on 01 April 2021 relating to oral proceedings by ViCo.





Recent Techrights' Posts

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs