Bonum Certa Men Certa

The EPO in Violation of the EPC and Nobody Holds Anyone Accountable for Such Violations

Video download link | md5sum b8da83957e1ea46ad2b8acf1ec3f439f EPC Assassinated Creative Commons Attribution-No Derivative Works 4.0



Summary: Violations of the foundational document of the EPO have become so prevalent that one has to gasp and wonder if EPOnia is basically the EU's Kremlin (the dictators do anything they want, even in clear violation of the constitutions, with post hoc justifications and cover-up)

The Central Staff Committee (CSC) of the EPO has just circulated a latter dated yesterday, coming about 24 hours after the greenwashing of a likely illegal practice from Team Campinos. They bragged about not giving anything physical for a patent, as if this was about saving the planet or something, ignoring all sorts of laws as well as common sense.



Benoît Battistelli made violations of the EPC very routine (he also promoted European software patents using all sorts of lies, just as he did with the UPC), so why can't Team Campinos continue this tradition? Breton doesn't mind, so the EU is basically in their pockets. Illegality is being declared "legal" with no actual explanation or rationalisation.

To quote the CSC's message to EPO staff: "With the current implementation of the Patent Work Bench it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner and approved by all members of the division is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.

"It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the Patent Granting Process. It is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned.

"In this open letter, we therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC."

As promised when I recorded the above video (I always do the videos before any of the articles), we're converting the full text of the letter into simple HTML, which will be archived as text, then become richer plain text and GemText:

centralSTCOM@epo.org Reference: sc22025cl Date: 10.03.2022

European Patent Office | 80298 MUNICH | GERMANY Mr Steve Rowan Vice-President DG 1

By email

OPEN LETTER

Formal deficiencies in the fully electronic Patent Granting Process

Dear Mr Rowan,

Since 2020 the Office has developed, with impressive speed, tools to implement a fully electronic Patent Granting Process (PGP). One of the core tools to achieve this goal is the Patent Work Bench (PWB). The conversion to a fully electronic PGP must meet certain standards to be acceptable to both public and staff. We have concerns that the PWB currently fails to meet such standards, in particular as regards its compliance with the EPC.

Among other processes, PWB replaces the paper file flow within the Examining Division to authorise decisions to refuse an application, intentions to grant a patent, or summons to oral proceedings. The EPC requires that each of these actions be signed by all members of the division (Article 97(1) and (2) EPC, Rules 111 and 113 EPC).

However, the PWB is inadequate to meet the requirements of the EPC.

With the current implementation of the PWB it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner of the division and approved by the second member and the chair is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.




It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the PGP, should the public become aware of the unsatisfactory authorisation of electronic actions by the Examining Division. This situation is regrettable because it is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned, and to avoid embarrassing decisions and judgments (as, e.g., decision J16/17 or AT-ILO Judgments Nos. 1344 and 2417).

We therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee


It's too easy to lose count of the number of times (and ways) the EPO violates then EPC. Who will be held accountable for it? If nobody ever gets punished for it, why will that ever stop? Why does the world not sanction the EPO? Carte blanche for dictators and narcissists encourages them to do more of the same.

Recent Techrights' Posts

EFF Still Uses and Relies on Donald Trump's Friend (Elon Musk) for Campaigning and It Gets No Response (Except From FFII's President)
...He reminds them the issue isn't just "bad patents" or "patent trolls"
OpenSource.net, Which OpenSource.org (OSI) Said Would Continue OpenSource.com (IBM/Red Hat), Has Been Dead for a Month
Open Source Initiative is not an ally; it's a Microsoft front group
Latest in OSI's Blog Affirms Its Status as Microsoft Front Group, Sponsored by Microsoft to Promote Microsoft Agenda and Lobby for GPL Violations
Even the staff is paid by Microsoft; they hardly hide this anymore
OpenAI: If OpenAI Survives Another 2 Years, It'll be About 30 Billion Dollars in Cumulative Losses/Debt
So if Microsoft cushions those losses (to delay the bubble's implosion; Microsoft uses the bubble to fake its "market cap", as does NVIDIA), its debt will skyrocket
Perils for Patent Eligibility Restoration Act (PERA) and PREVAIL (Efforts by the Litigation 'Industry' to Bring Back Software Patents and Crush Challengers at PTAB)
The EFF and FSF seem to have caught up with it
 
One of the Largest B2B YouTube Channels?
It makes the Linux Foundation look rogue; it plays along with all this
Free Software is for Everybody
today's Linux Foundation shamelessly and recklessly promotes discrimination
Coming Soon: More Reports About the European Patent Office (EPO)
EPO corruption has made Europe a lot poorer
Filipinos Love GNU/Linux
Philippines as seen by statCounter
[Meme] Poverty Not an Issue
To know who the EFF fronts for, check who's funding the EFF
EFF Stories For Next Year
The EFF isn't what it seems
Windows 10? No, Windows at 10% (in Angola)
That's how statCounter sees things anyway
Wintertime in Techrights
2025 should be an exciting year for us and we look forward to spring
About 80% of Red Hat Blog is the 'Hey Hi' Nonsense (Ponzi Scheme)
The official Red Hat RSS feeds have been drowned out by "AI" nonsense
[Meme] If This is How Wall Street Really Works, People Should be Terrified
"OpenAI worth $150 billion with a $15 billion loss"
Red Hat Has Become a Buzzwords Vendor, Not a Linux Company
Red Hat is quickly becoming a joke of a company or "90% marketing"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 14, 2024
IRC logs for Thursday, November 14, 2024
Phoronix Did Not Cover This...
1,000 people fired at AMD is not news
Links 15/11/2024: LF Talks About Patent Trolls, Advancing a Warning About "Buy Nothing Day"
Links for the day
Alexander Wirt (formorer), Wayward people & Debian censorship
Reprinted with permission from Daniel Pocock
Gemini Links 14/11/2024: Infocalypse and "Multiple Monitorings"
Links for the day
Links 14/11/2024: The Web We Lost Coming Back, X/Twitter Crashing
Links for the day
Links 14/11/2024: Politics, Climate, and Instability
Links for the day
Links 14/11/2024: EmacsConf and Flounder
Links for the day
Links 14/11/2024: Science and the Demise of Microsoft-Connected USPTO Director
Links for the day
For "X" to Die the Media and Politicians Will Need to Quit (Then, Advertisers Will Lose Interest, Even for Political Ads)
Fewer people are still there anyway
Debian GNU/Linux and Free Software Developer Daniel Pocock in Irish Elections This Month (Dublin Bay South)
Polling day in 15 days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 13, 2024
IRC logs for Wednesday, November 13, 2024
Bob Should Tell Alice About What GitHub (Which Linux Foundation Outsources Code to) Does to Entire Nations, Following Donald Trump's Policies
"What's next, preventing access to Linux from non-NATO countries? Putting NSA backdoors in the kernel?"
Layoffs as Happy Stories in the Corporate Media
It's based on a longstanding pattern
It Took The Guardian More Than 2 Years of Musk to Realise What Twitter Was and It Took Twitter 4 Years of a President Trump to Realise What Trump Was
Trump was deplatformed only a fortnight before Biden became president anyway
[Meme] Google 80%, Windows 2%
"I'm going to f---ing bury that guy, I have done it before, and I will do it again. I'm going to f---ing kill Google."
Microsoft's Market Share Falls to 2% in Haiti
Throw in Android (now 80% of "the market") and Windows is down to 2%
Gemini Links 13/11/2024: Magic of Walking and Lest We Forget
Links for the day
Links 13/11/2024: USPTO Director Kathi Vidal ('Former' Microsoft Rep) Resigning, Censorship After Car Ramming Attack in China
Links for the day
Microsoft: Layoffs, Outsourcing, and R.T.O. as Cover for Mass Layoffs Without Severance Pay
Microsoft had mass layoffs pretty much every month this year
[Meme] The Addicted Lolicon Throwing Stones
"They've found my RMS attack site"
Jonathan Carter & Debian betrayed Joel Espy Klecker
Reprinted with permission from Daniel Pocock
Links 13/11/2024: Red Tape War and Programming Experiences
Links for the day
Links 13/11/2024: "Make Your Laptop Last FOREVER" With GNU/Linux, 23andMe Mass Layoffs, Intel 'Resignations' Layoffs Loophole
Links for the day
In Switzerland, GNU/Linux Reaches Record Highs, But What About the Corruption?
Pocock is a disappointed citizen of Switzerland
More Than 3 Years After Vista 11's Release More Chinese Computer Users Still Use Vista 7 (Than "11")
it was "officially" released October 5, 2021
At BetaNews, "Most Commented Story" Is Not a Story But LLM Slop! (Readers Talking to Bots)
They make fake stories with provocative headlines and then boast that these get many comments
[Meme] Swiss Lawyers/Attorneys Who Fake Qualifications and Rob People
Switzerland mostly guards its reputation by censorship of media
Just How Slow Has the News Industry Become?
We're drowning in garbage from fake publishers
Things That Still Work OK (But We're Being Shamed for Using)
Using old stuff is nothing to be shamed of (or afraid to do)
Free Software is About Collaboration
WordPress limits it
Even the Managing Editor of BetaNews is Doing Slop and Spam
A Fish Rots From The Head Down
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 12, 2024
IRC logs for Tuesday, November 12, 2024
PERA Bill in US Senate Strives to Crush Caselaw, Making Patents on Mathematics and Algorithms 'Great Again'
Follow the money
BetaNews is Beta-Testing the Site as LLM Slop With Microsoft Propaganda Thrown In
Many of the people there are Microsoft boosters and they use slop as "filler" (for marketing)
Evolution of euthanasia & WIPO UDRP similarities exposed by W. Scott Blackmer
Reprinted with permission from Daniel Pocock
Gemini Links 13/11/2024: Phasing Out 3G, Brian Kernighan Books, Tcl/Tk, Time to Ditch x86
Links for the day