Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

Previously in this series:



The kangaroo judges
G 1/21 is likely to be just another pro forma rubber-stamping exercise.



Summary: Half a decade after Benoît Battistelli 'kidnapped' and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself

This time the story is connected to the "new normal" at the EPO and plans of the management to impose oral proceedings by videoconference, in particular in circumstances where the parties don't consent to the use of such a procedure.



The case is G 1/21 (warning: epo.org link) and the crucial referral question reads as follows:

"Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?"


Back in February of this year, IPKat began reporting on the case under the headline

"BREAKING: The legality of Board of Appeal oral proceedings by video conference has been referred to the EBA".

This was followed up by two further posts in March:

"BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral"; and

"Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21)".

It seemed like the blog was finally starting to show signs of awakening from its Kat-atonic torpor and recovering some of its long-lost critical faculties vis-à-vis the already deeply entrenched and ongoing erosion of the rule of law at the EPO.

"Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through."In particular, IPKat recognised that the "hasty scheduling of the oral proceedings with limited time for third parties to comment, and (…) the potential conflicts of the appointed members of the Enlarged Board" had given rise to a significant amount of legitimate public criticism.

Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through.

Much of the criticism in the comments following the articles has been directed at Carl Josefsson.

"It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance."In his capacity as President of the Boards of Appeal, Josefsson was directly involved in the introduction of the disputed amendments to the Rules of Procedure. His involvement in the amendment procedure is foreseen under Rule 12c(2) EPC (warning: epo.org link).

It seems that Josefsson is now insisting on playing a key role as Chairman of the Enlarged Board in deciding whether or not the amendments which he himself proposed are compatible with the European Patent Convention.

It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance.

As things stand, the procedure in G 1/21 is unlikely to be anything more than another pro forma rubber-stamping exercise.

"But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May."The only useful purpose which it is likely to serve is to provide a further "exhibit" in the mounting pile of evidence of a serious erosion of the rule of law at the EPO and a failure by the organisation's main judicial body to comply with even the most elementary standards of judicial independence and procedural fairness.

But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May.

In the next part we will present the composition of the judicial panel entrusted with deciding the controversial referral case G 1/21.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
 
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day