05.20.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 14: Nemo Iudex in Causa Sua?

Posted in Courtroom, Deception, Europe, Law, Patents at 12:24 am by Dr. Roy Schestowitz

Previously in this series:

A partiality issue
According to well-informed commentators, the majority of the panel are under suspicion of partiality.

Summary: After Benoît Battistelli had put Carl Josefsson in charge at BoA António Campinos decided to make him the ‘New Normal’ rubber-stamping apparatus, in effect serving to normalise clear violations of the EPC

At the time of writing, the EPO‘s file register (warning: epo.org link) for case no. G 1/21 contains around ten anonymous “third party observations” [1] and an impressive number of amicus curiae briefs (warning: epo.org link) – 47 in total.

The amicus curiae briefs come from a wide range of sources, including individuals, patent attorney associations and large multinational corporations with a great deal of skin in the patenting game, for example Bayer (Monsanto), Siemens, BASF, Philips International B.V., Hoffmann-La-Roche AG and Philip Morris Products.

The contents of these submissions have been the subject of analysis and comments both on IPKat and on the Kluwer Patent Blog.

“The amicus curiae briefs come from a wide range of sources, including individuals, patent attorney associations and large multinational corporations with a great deal of skin in the patenting game, for example Bayer (Monsanto), Siemens, BASF, Philips International B.V., Hoffmann-La-Roche AG and Philip Morris Products.”Many of the comments concern suspicions of partiality relating to the internal members of the panel entrusted with the case.

Much of the criticism has centred on the Chairman of the Enlarged Board, Carl Josefsson.

It needs to be recalled here that, 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 of the Boards of Appeal. The involvement of the President of the Boards of Appeal in this amendment procedure is foreseen under Rule 12c(2) EPC. (Warning: epo.org link)

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

As pointed out by Thorsten Bausch on the Kluwer Patent Blog, this would appear to be in flagrant disregard for the fundamental and generally recognised principle of natural justice, nemo iudex in causa sua, according to which no person should be entrusted with the task of judging a case in which they have an interest.

“Much of the criticism has centred on the Chairman of the Enlarged Board, Carl Josefsson.”One pseudonymous amicus curiae brief submitted under the name Schauinsland [2] provide a neat summary of the issues in Josefsson’s case:

Manifest partiality of the president of the boards of appeal in case G 1/21

The president of the boards of appeal, Mr Josefsson, has decided to put himself as chair in G 1/21.

The succession of facts mentioned above would impose that Mr Josefsson deports himself in G 1/21. Not only he is chairing the case, has contributed to the drafting of Art 15aRPBA2020, but at the same time he has contributed in rushing the whole affair by abiding to the bare minimum foreseen under R 115 when summoning to oral proceedings. In view of his attitude, there is not even the perception that Mr Josefsson would be not prejudiced, he actually is.

The criticism of the composition of the panel is not limited to Josefsson but also includes the other internal members.

In the case of Ingo Beckedorf, it has been claimed on IPKat that he was personally responsible for drafting the text accompanying the proposal for the new Article 15a RPBA [3].

Another commentator pointed out that Beckedorf had already acted as Chairman in an appeal case where the Board responsible for the decision ruled that an oral hearing could be held by videoconference despite the absence of consent from a party.

“The criticism of the composition of the panel is not limited to Josefsson but also includes the other internal members.”The implication here is that Beckedorf has already expressed an opinion on the issues under consideration in G 1/21 thereby effectively disqualifying himself from participating in this referral case.

On IPKat, Flopsy the Bunny made the following comment casting doubts on the impartiality of the majority of internal members of the panel entrusted with case no. G 1/21:

At the meeting where the BOAC “consulted” with users on the new Art 15A, the BOAC was strongly urged to amend the text of the article to make enforced attendance via VICO a purely temporary provision during the pandemic. These submissions were completely ignored on the basis (according to the notice published on 15 December 2020) that new Art 15A “merely clarifies an existing possibility” and thus is already compliant with the EPC. Present on behalf of the Boards at that meeting were the following members of the panel selected for hearing this appeal:

C. Josefsson
I. Beckedorf
G. Eliasson
A. Ritzka

So that’s a majority of the panel who have the appearance of partiality.

Josefsson chairing the panel is beyond a joke.

It really does look like the Enlarged Board of Appeal has a serious problem with the composition of the panel in this case.

We will return to this topic later, but first of all we will turn our attention to what has become known as the “missing signatures” affair of December 2014 and its potential implications for two individual EBA members in the present case.

Documents cited in this article:

  1. G 1/21 – Third Party Observations [PDF]
  2. A. Schauinsland amicus curiae G 1/21 [PDF]
  3. CA-5-21_en [PDF]
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. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  2. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  3. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  4. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  5. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  6. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  7. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  8. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  9. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  10. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  11. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  12. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  13. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  14. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  15. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  16. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  17. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  18. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  19. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  20. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  21. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  22. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  23. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  24. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  25. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  26. Links 16/1/2022: Tsunami and Patents

    Links for the day



  27. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  28. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  29. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  30. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day


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