Bonum Certa Men Certa

Team UPC Throws Vienna Convention Out the Window/Under a Bus and Vienna's EPO Branch (in EPC) Discarded by EPO Management

In the same away BoA was illegally cast away/thrown into Haar for the mere pretence of EPC compliance (not that BoA has any real independence)



Summary: Staff of the EPO is smart enough to see what EPO management has up its sleeve (see "The EPO is Silently Shrinking in Vienna"); it's neither legal nor acceptable, which is why the strikes are back and SUEPO envisions a year of conflict ahead

AS we noted just over a day ago, many workers of the EPO in Vienna went on strike, seeing that the boss of António Campinos (no, not a Czech guy from the Council) continues the war on the EPC and on EPO staff. While studying the history of it I stumbled upon this old article from Ingrid Marson; even in 2006 a concern was raised that EPO managers failed "to enforce the quality standards set by the European Patent Convention". Here are some portions, or the two closing paragraphs:



This is not the first time patent examiners have raised the issue. In a 2004 survey of 1,300 EPO patent examiners, three-quarters of staff claimed productivity demands from managers did not allow them "to enforce the quality standards set by the European Patent Convention".

Campaigners against software patents have also criticised the quality of patents issued by the EPO. In particular, they have been frustrated that the EPO has continued to grant software patents despite last year's rejection of the software patent directive.


This mentions software patents in Europe; those should never be granted. That's the kind of thing that got us 'fired up' in the first place (chastising the EPO).

While recording the above video (first take, no scripting) I realised, in hindsight, that it was worth bringing up this latest post from Kluwer Patent Blog (apparently Bristows again). The Unitary Patent (UPC) post is highly misleading, but this latest comment stands out:

Of “If no complaints are filed, two more countries will have to ratify (or otherwise consent to) the PPA for the provisional application phase to come into force”, what does the Vienna Convention on Treaties say?

Vienna Convention on Treaties, Article 24, Entry into force says:

24.1. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.

● But, the requirement for UK ratification, that the UPC Agreement provides, has not been satisfied.

24.2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States.

● But, all the negotiating states, which include the UK, have not given such consent.

● Could the UPC Agreement be amended to allow entry into force without UK ratification? Article 39 allows amendment?

Article 39: A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except insofar as the treaty may otherwise provide.

● It requires agreement between the parties. That includes the UK.

● Is there such an agreement?


As readers may have noticed, we barely mention the UPC anymore, just as we promised over a month ago. It's not getting anywhere, but lots of faked 'news' from Team UPC would tell people otherwise; we mention those pieces in Daily Links along with remarks to debunk them (it's relegated to that because it's just not worth the mention anymore). As we wrote back in July, citing or directly quoting an EPO insider: “There is No Longer a Legal Context and No One Left to Implement It and Nothing to Be Rescued.” Weeks ago we were given an insider story about ‘Fraudlinger’. It's really sad that Europe's second-largest institution is run by a bunch of liars and frauds.

Recent Techrights' Posts

What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
 
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025