06.09.21

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Why We Fight for Real Justice at the European Patent Office

Posted in Europe, Law, Patents at 6:13 am by Dr. Roy Schestowitz

Our lives begin to end the day we become silent about things that matter.
“Our lives begin to end the day we become silent about things that matter.”

Summary: European citizens need to join us and demand that the judges who assess patentability (w.r.t. public interest, the EPC, and common sense) do the right thing, not just based on career objectives (which at the EPO means loyalty to patent maximalists with little or no scientific background)

THIS morning we started the series about the EPO‘s kangaroo court, set up or stacked up by António Campinos and his cohorts a few months ago. The motivations of the stacking aren’t hard to guess; EPO insiders and stakeholders are very well aware of them (it does not take a law degree or a degree in science to understand what a conflict of interest is).

“I’m not the only person concerned about what goes on with these so-called ‘kangaroo courts’ — actually not a new problem at all!”Over the coming fortnight, on a daily basis, we intend to publish follow-ups (subsequent parts). So one can expect the series to end around June 23rd, which gives us another 10 days before hearings resume.

Some people ask seemingly reasonable questions like “why are you doing this???”

Well, “you” is a plural; I’m not the only person concerned about what goes on with these so-called ‘kangaroo courts’ — actually not a new problem at all!

The EBA, or the elevated/elated (and enlarged in the sense of size) court/tribunal, has long been problematic. In this particular case, Campinos and his cohorts got greedy and went too far; their intervention and their stacking became far too obvious (more so than the 'Haar question' and software patents on ‘simulations’). It’s time to fight back and not only change the composition of the EBA but also give the EBA back its independence. The judges should be rewarded for justice, not for obedience to coup plotters.

Patent systems here in Europe and elsewhere have long been subjected to entryism (or infiltration attempts). To remove such corrupting force from the courts (i.e. the last recourse) we’ll need to be a little assertive (not combative or strident). We need to insist that something went wrong and demand a solution, not a mere compromise. Otherwise, justice won’t prevail in Europe, the perception of legitimacy will erode, and EU-type unity will crumble (we already had ‘brexit’ and there can be more EU exits).

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