Bonum Certa Men Certa

Haar is Where EPO Justice Came to Meet Euthanasia

The patents being granted due to that injustice also cause deaths

Killing angel



Summary: Justice remains absent in Munich (or Haar, which we're supposed to believe is part of Munich); this means that invalid European Patents (which courts will deem invalid) may be granted for years to come and there's a considerable human toll that large law firms are indifferent/apathetic towards

Earlier today IP Kat allowed (after moderation) this new comment. Occasional commenter The Convention (EPC) watchdog wrote about the European Patent Office (EPO) breaking the law or the EPC, noting that "nobody in and around Munich would agree that Haar is part of Munich, including the inhabitants of Haar."



The comment in full:

As annonymous correctly states, comparisons are imperfect. This also applies to the City of London comparison. The City of London together with the 32 Boroughs is part of Greater London which is a common administrative unit and presumably it is the one competent for the essential local matters. There is no common unit for Munich and the Landkreis, the next higher level of administration is the district of Upper Bavaria, one of 7 districts building the Land Bavaria. More important may be the common understanding of the terms. No Londoner and no foreigner would think Westminster could be outside London. However, nobody in and around Munich would agree that Haar is part of Munich, including the inhabitants of Haar.


Further up in this thread they argue that the EPO's corrupt President wasn't allowed to send all the judges to Haar (after one of them had allegedly passed information about corruption -- as a moral person should). This President's 'son', António Campinos, has done absolutely nothing to fix this. Nothing. Hardly even lip service...

Why is this so major a problem? Well, the judges in question are being asked to deal with interpretation of the EPC (which was violated when they were sent to 'exile') as it relates to patents on algorithms (mathematics), nature and life. As long as they're governed by wrath/fear of the Office, how can they do their job properly? There are empty rooms at the EPO's main building in Munich while millions of euros get wasted each year renting space in Haar for these judges. This isn't about independence but threats and collective punishment.

Patent maximalists, deep inside perhaps, couldn't be happier. The last thing they want is a bunch of judges telling the EPO to its face, so to speak, that the EPC is being violated and many European Patents are bunk (as SUEPO claims).

Looking at the so-called 'news' over the weekend (all of this 'news' is composed by law firms, not journalists), we're seeing Andrew Bentham of J A Kemp, a firm that aggressively promotes patents on nature. Bentham is moaning that the European Commission does something right, for a change, by banning patents on life and nature. This is what he wrote earlier this month (it has just resurfaced again): "Recent weeks have seen important developments in the debate on patent-eligibility of plants in Europe, with the EPO's Boards of Appeal and its President, Administrative Council and member states pulling in opposite directions. The President has now referred questions, published today, to the Enlarged Board of Appeal, but the admissibility of the referral is uncertain, so it is unclear how or when the Enlarged Board will react. Applicants in this field will therefore face further delay and uncertainty. More generally, this is also a highly unusual, polarised situation that highlights the potential for conflict between different branches of the European patent system. Fortunately, however, this issue only directly affects some plant-related applications, not all that generally relate to plants in some way."

Bentham also published today: "As reported recently, the President of the EPO has in the last few days referred questions to the Enlarged Board of Appeal on the controversial issue of patent-eligibility of plants obtained by essentially biological processes. The referral is now pending as case G3/19 but it is uncertain at present whether or not this referral will be admissible in the absence of any clear conflict in the case law on this point. The Enlarged Board could do anything from rejecting the referral entirely to accepting it and reversing its "Broccoli and Tomatoes II" (G2/13 and G2/12) decisions from 2015, in which it held that, although essentially biological processes for the production of plants are patent-ineligible according to Article 53(b) EPC, the products of such processes are not ineligible just because the processes could not be patented. As a reaction, Rule 28(2) EPC was introduced in 2017 and has since then been used to reject claims "in respect of plants or animals exclusively obtained by means of an essentially biological process". In December 2018, EPO Technical Board of Appeal decision T1063/18 then held Rule 28(2) invalid as in conflict with Article 53(b) in light of Broccoli/Tomatoes II. This was then reinforced in case T2734/18. The President's referral is held out as an attempt to clarify the law but in fact seeks to reverse this and demonstrate that Rule 28(2) is valid, such that plants obtained by breeding are not patent-eligible."

Also mind Watchtroll's "Accelerating Generic Entry: A Proven Solution to the Problem of Prescription Drug Pricing" (yesterday) and Amy Crouch's (Simmons & Simmons, Team UPC) coverage of generics coming under attack from patents. We remind readers that almost each time this is done the net effect is very simple: poor ill people become casualties of corporate greed. Here's the situation in Germany, as opposed to Britain (the UK Supreme Court recently threw out another European Patent):

Klaus Grabinski (Federal Court of Justice, Karlsruhe) started the discussion by outlining infringement of second medical use patents in German case law. An important difference from the approach taken by the UK Supreme Court in Warner Lambert v Generics is that in Germany second medical use claims (whether Swiss form or EPC 2000 form) are always purpose-bound product claims, rather than method claims.

Recent case law of the Düsseldorf Court of Appeal has extended the protection to forms of use beyond “manifest arrangements” when the use can be related to the protected purpose of the substance. This requires (i) that the substance is suitable for the protected second medical use, (ii) the use is of some significance and (iii) the implementer knows about it or “blinds himself” and in this way takes advantage of circumstances that allows the substance to be used for the protected purpose. In the recent Fulvestrant case it was found that there was no expectation of a future infringing use and therefore no injunctive relief was granted.

Unrestricted injunctive relief is not available when such an order would not only cover the second medical use but also use not protected by the patent. So how can the injunction be tailored to the second medical use alone? It is a controversial legal issue whether inclusion of a statement that the product must not be used for the second medical use in the patient information leaflet is compatible with EU law on the authorisation of medical products. Alternative injunctive relief that has been requested is only allowing marketing of a product after alleged the infringer has contacted professional associations of doctors or pharmacists, although at the moment there is no legal basis for requiring associations to comply and it entirely depends on their willingness to cooperate.


Amy Crouch (Simmons & Simmons), writing from this echo chamber of patent maximalists, in her next part talked about patents covering recipes of nature, as well as attempts to work around these 'magic' monopolies. It's noteworthy that each and every one of these so-called 'panels' are stacked (patent maximalists only). To quote:

Moderator John Lee asked if life is simply much harder for a biosimilar? Brian thought that it is, yes, because so many of the relevant patents are process patents which makes the situation more complicated. After the dance is over, sometimes 30 different patents are listed – and that is in a normal situation rather than the even more extreme Humira patent thicket. The BPCIA is complicated, allowing patentees to assert so many patents and ultimately may be slowing down the uptake of biosimilars in the US as compared to Europe. A statutory fix may help but it is unclear what such a fix should be.


Biosimilar patents were covered here before; these aren't necessarily patents on lifeforms but they are problematic as they cover things that can save lives (of lifeforms) and thus become a barrier to life itself.

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
 
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025