07.31.17

Gemini version available ♊︎

German Media Finally Waking up to EPO Scandals?

Posted in Europe, Patents at 10:06 am by Dr. Roy Schestowitz

FAZ EPO article

Summary: Signs of change or at least a glimmer of hope as large publishers in the Federal Republic of Germany (most relevant to EPO coverage) revisit EPO scandals

SOMETHING INTERESTING happened in the German media this past week; the above article (EPO article from FAZ) aside, there is another one (titled “Den Chef nennen sie Putin”) pointed out by SUEPO this morning. A translation would be nice and maybe SUEPO is already working on it. “Finally,” one insider wrote, “the German Press starts to write about the EPO” (more in [1, 2] to that effect). There seem to also be attempts to pressure the German media to cover the Lufthansa scandals (“EPO, Lufthansa, and the German Government – Part II” will be out soon) and days ago German media mentioned German court/s forbidding the use of keyloggers (like Battistelli and his British spies — with actual connections to the Stasi through Desa — illegally did on German soil). This was covered also in the English media around the same time (it’s in our daily links). Is the tide turning? It’s too early to tell, but one can hope. Will lawlessness end? Eager to see the UPC, Maas never seemed to care about lawlessness at the EPO; he intentionally looked the other way, even when he was approached directly. The UPC now faces a serious constitutional complaint in Germany and earlier today we found the following new comment in IP Kat:

For the present:

As there is no judicial review by a national court of a member state of the EU in case of revocation of a patent or refusal of an application, we are bang in the constitutional problems which are to be discussed before the German Constitutional court.

The liability of the member states of the EU might also be at stake with the present amendment of R 27 and 28 EPC, see CIPAs observations.

Another interesting point:

Are the implementing regulations as decided by the Administrative Council always applicable to the Boards of Appeal?

The answer is no, cf. G 6/95, OJ 1996, 649. At the time of this decision, the Praesidium of the BA decided upon the RPBA, which were subsequently enacted by the AC.

With the new structure of the Boards of Appeal, the Praesidium of the Boards having been given the opportunity to comment, the RPBA are decided by the BA Committee, cf R 12c(2)EPC. It means that the Praesidium has just to be heard, but his opinion can be disregarded. I therefore wonder whether a decision like G 6/95 would still be possible.

But the perception of independence of the Boards has been increased….

For the future
And we do not yet have the UPC up and running, and are over the transitional period for opt out.

Once a patent has been granted, the UPC can only take decisions as to infringement and validity, under the control (directly or indirectly) of the CJEU, valid for its member states. It can, at a pinch, decide for member states of the EU which are not member states of the UPC, but it cannot decide for member states of the EPC, which are are neither member states of the EU nor of the the UPC.

Where is the simplification heralded by all the proponents of the UPC?

Why has the UPC not be brought in front of the CJEU?

We really live in interesting times!

The collapse of the Rule of Law at the EPO seems to have come at a very high cost: the potential death of the UPC.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  2. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  3. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  4. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  5. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  6. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  7. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  8. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  9. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  10. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  11. Links 4/12/2021: Gedit Plans and More

    Links for the day



  12. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  13. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  14. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  15. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  16. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  17. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  18. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  19. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  20. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  21. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  22. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  23. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  24. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  25. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  26. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  27. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  28. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  29. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  30. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts