05.24.19

Gemini version available ♊︎

EPO Strikes Further Diminish Chances of UPC Ever Materialising (in Any Shape or Form)

Posted in Deception, Europe, Patents at 9:16 am by Dr. Roy Schestowitz

Another EPO strike
Credit: MSServices Global

Summary: The EPO crumbles under the weight of its own corruption while an increasingly-insane Team UPC pretends all remains normal and a patent trolls-friendly system is ready to take off

IT IS becoming a busy week (and maybe weekend) down in Munich. SUEPO has had the final straw. We expect more to be said, maybe in light of the Kötter Group as well. Is the EPO about to become infested with thugs and goons from a firm founded inside the Third Reich? And apparently participated in the occupation and exploitation of the Netherlands?

“What we’re seeing here is a gradual shift; the public does not view the EPO as an ally or a regional protector; rather, it’s an exploitative foe that extracts money from the European public and gifts rogue entities, both contractors of the EPO (connected to EPO chiefs) and patent trolls.”Earlier today we took note of the upcoming strike (assuming staff votes for it and it’s approved), adding the above banner. As it turns out, it was made by a Dutch firm. “Sorry to bother you with this,” one reader told us, “but it seems that you used the wrong source for the published picture (“Credit: Anonymous Twitter account“); however credits go to “MSServices Global” (a Dutch registered business). I’ve heard from a reliable source (from within the Union) that this company supports the union. Many thanks in advance for correcting it.” (We’ve just corrected it)

What we’re seeing here is a gradual shift; the public does not view the EPO as an ally or a regional protector; rather, it’s an exploitative foe that extracts money from the European public and gifts rogue entities, both contractors of the EPO (connected to EPO chiefs) and patent trolls. The public is only going to suffer and Europe’s reputation too is being harmed.

Earlier today we saw this press release in PRNewswire about “Formal Requirements of the European Patent System”; which system? The one foreseen and set up by the EPC or the sordid mess we have today, operating outside the rule of law and even defying the EPC itself?

“The EPO basically violates the law; the EPC, the courts, the European Parliament…”On May 16th this long blog post was published in Spanish (Spain opposes the UPC and is no friend of the EPO in general). Benjamin Henrion had a go at translations with [1, 2]: “Where the European Parliament did have a starring role was in the rejection of the Directive on the patentability of computer-implemented inventions in 2005. [...] However, the EPO has continued to do what it has wished in this area [...] EPO has continued to do what it has wished in this area, so the rejection of the European Parliament did not result in the elimination of “software patents” and certainly leads to the EU’s inhibition in patents, leaving initiative to the EPO…”

The EPO basically violates the law; the EPC, the courts, the European Parliament…

“Putting aside illegal software patents, how about patents on life and nature?”No sane judge would ever entrust or assign anything legally-sensitive to the EPO, which also violates the privacy of stakeholders (underreported issue that corporate media did not bother covering, as usual).

Putting aside illegal software patents, how about patents on life and nature? CMS Cameron McKenna Nabarro Olswang LLP’s Robert Stephen has just published this article about Broad Institute’s CRISPR patent loss. Will the EPO’s examiners manage to defy management and patent maximalists who infest the management level? Then deny patents on life itself? (Patents in violation of EPC)

To quote Robert Stephen:

The Broad Institute of MIT and Harvard owns several key patents related to the CRISPR technology. One such patent is EP2771468 (“EP ‘468”), which relates to a fundamental aspect of the CRISPR technology in eukaryotic cells. EP’468 was granted in February 2015 and opposed by nine opponents. Following an oral hearing in January 2018 the Opposition Division of the EPO revoked the patent due to lack of novelty over two pieces of intervening art, i.e. documents published after the earliest priority date. These two documents became part of the state of the art after it was decided that the application was not entitled to its earliest two priority dates.

The Broad Institute has appealed the Opposition Division’s decision. Their grounds of appeal rely on attacking the EPO’s current approach to determination of priority entitlement.

The EPO applies an “all applicants” test for priority. The right to claim priority belongs simultaneously and jointly to applicants when there is more than one. The right to claim priority to the two earliest applications belonged simultaneously and jointly to Mr Zhang, Mr Cong, Ms Habib, and Mr Marraffini, yet neither Mr Marraffini nor his successor in title (Rockefeller University) were named as applicants on the PCT, and neither had assigned his right to claim priority to any of the named applicants. The PCT could not, therefore, validly claim priority to the two earliest applications, and thus EP ‘468 was deemed to have a priority date of 30 January 2013.

At the moment, with referrals and appeals impending, all sorts of European Patents are just ‘hanging in the air’ (great uncertainty over their fate). The FCC in Germany is certainly aware that EPO judges lack independence (the judges themselves say so), so we very much doubt the UPC can get off the ground. To make matters worse, there’s an imminent meltdown at the Office because staff will revolt.

“They’re dressing up corpses or embalming dead bodies.”What do the bullies/litigators think of the UPC? Well, they live in another universe. Team UPC’s Vanessa Rieu (who describes herself as “experienced litigator specialised in all areas of intellectual property” [sic]) makes it pretty obvious that Bristows were the ones writing this latest UPC propaganda in Kluwer Patent Blog (albeit anonymously). Just compare the texts. One says: “The latest development shows preparations are going on despite the uncertainty about the future of the UP system due to the German constitutional complaint which was filed against the UPCA in 2017.”

That’s similar to their obsession over/with robes. They’re dressing up corpses or embalming dead bodies. In their official blog they said: “The building that will, at least initially, host the UPC is located on the Quai de la Mégisserie, overlooking the Ile de la Cité, and it is reported that a few years after the Court opens (and there are more cases) the Court may move to the Palais de Justice on the Ile de la Cité.”

“Bristows continues to discredit itself each time it tries to reattach these clipped wings to their ‘fallen angel’.”Haha, they said something similar about venues in the UK up until Brexit. “The Paris offices of the future Unified Patent Court have been disclosed,” writes the anonymous person in Kluwer. Guess who…

Bristows continues to discredit itself each time it tries to reattach these clipped wings to their ‘fallen angel’. They must be in a lot of pain. Battistelli is meanwhile ‘hiding’ in CEIPI, presumably praying for a UPC (which he’s hoping to head while António Campinos brings him back to the Office as a judge!).

Bristows EPO

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. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  2. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  3. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  4. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  5. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  6. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  7. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed



  8. [Meme] Living as a Human Resource, Working for Despots

    The EPO has become a truly awful place/employer to work for; salary is 2,000 euros for some (despite workplace stress, sometimes relocation to a foreign country)



  9. Links 20/10/2021: New Redcore Linux and Hospital Adoption of GNU Health

    Links for the day



  10. IRC Proceedings: Tuesday, October 19, 2021

    IRC logs for Tuesday, October 19, 2021



  11. Links 19/10/2021: Karanbir Singh Leaves CentOS Board, GPL Violations at Vizio

    Links for the day



  12. [Meme] Giving the Knee

    The 'knee' champion Kratochvìl and 'kneel' champion Erlingsdóttir are simply crushing the law; they’re ignoring the trouble of EPO staff and abuses of the Office, facilitated by the Council itself (i.e. facilitated by themselves)



  13. Josef Kratochvìl Rewarded Again for Covering Up EPO Corruption and the EPO Bribes the Press for Lies Whilst Also Lying About Its Colossal Privacy Violations

    Corrupt officials and officials who actively enable the crimes still control the Office and also the body which was supposed to oversee it; it's pretty evident and clear judging by this week's press statements at the EPO's official Web site



  14. [Meme] Sorry, Wrong Country (Or: Slovenia isn't Great Britain)

    Team UPC is trying to go ahead with a total hoax which a high-level European court would certainly put an end to (if or when a referral is initiated)



  15. How Denmark, Iceland, Finland, Norway and Sweden Voted on Patently Unlawful Regulations at the EPO

    We look back and examine what happened 8 years ago when oppressed staff was subjected to unlawful new “regulations” (long enjoyed by António Campinos, the current EPO autocrat)



  16. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc

    We start our investigation of how countries in northern Europe ended up voting on the unlawful “Strike Regulations” at the EPO and why



  17. Proof That Windows “11” is a Hoax

    Guest post by Ryan, reprinted with permission



  18. Firefox Becomes as Morally Reprehensible as Apple, Facebook, or Uber

    Guest post by Ryan, reprinted with permission



  19. Links 19/10/2021: GNU dbm 1.22 and Godot 3.4 RC 1

    Links for the day



  20. [Meme] [Teaser] GitHub an Expensive and Dangerous Trap (Also: Misogyny Hub)

    The ongoing Microsoft GitHub exposé will give people compelling reasons to avoid GitHub, which is basically just a subsidised (at a loss) trap



  21. Norway Should Have Voted Against Benoît Battistelli's Illegal (Anti-)'Strike Regulations' at the European Patent Office

    Benoît Battistelli‘s EPO faced no real and potent opposition from Norwegian delegates, who chose to abstain from the vote on the notorious and illegal so-called ‘Strike Regulations’ (they’re just an attack on strikes, an assault on basic rights of labourers)



  22. Links 19/10/2021: Sequoia PGP LGPL 2.0+, Open RAN Adoption

    Links for the day



  23. [Meme] [Teaser] Benoît Battistelli, King of Iceland

    Later today we shall see how the current deputy of the head of the EPO‘s overseeing body was in fact likely rewarded for her complicity in Benoît Battistelli‘s abuses against EPO staff, including staff from Iceland



  24. IRC Proceedings: Monday, October 18, 2021

    IRC logs for Monday, October 18, 2021



  25. Links 19/10/2021: MyGNUHealth 1.0.5 and Ubuntu 22.04 Now Developed

    Links for the day



  26. [Meme] [Teaser] Thrown Under the Bus

    Tomorrow we shall look at Danish enablers of unlawful EPO regulations, Jesper Kongstad and Anne Rejnhold Jørgensen



  27. The World Needs to Know What Many Austrians Already Know About Rude Liar, the Notorious 'Double-Dipper'

    Today we publish many translations (from German) about the Austrian double-dipper, who already became the subject of unfavourable press coverage in his home country; he’s partly responsible for crushing fundamental rights at the EPO under Benoît Battistelli‘s regime



  28. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper

    Friedrich ‘Rude Liar’ Rödler is notorious in the eyes of EPO staff, whom he was slandering and scandalising for ages while he himself was the real scandal



  29. Links 18/10/2021: Porteus Kiosk 5.3 and Ventoy 1.0.55

    Links for the day



  30. [Meme] [Teaser] More to Life Than Patents

    Greedy sociopaths oughtn’t be put in charge of patent offices; this is what’s dooming the EPO in recent years (all they think about is money


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