Bonum Certa Men Certa

No Justice at the EPO, Whose Underlying Purpose Was (Originally) to Do Patents Justice

Those who will suffer the most are investors in EPs that no longer have a high perceived (or even practical) value

Sign



Summary: People correctly point out that the institutional crisis at the EPO extends to aspects other than fake trials against staff and affects actual stakeholders, who have pumped billions of Euros into the EPO only to see EPs turn to dust (or their value diminish considerably)

THE EPO has been rather quiet after the latest meeting of the Administrative Council, but union-busting attempts are still being made, even a week or so before Christmas.



At IP Kat, writers are still publishing friends' and colleagues' pieces. First it was Bristows that 'hijacked' IP Kat for UPC propaganda (to reach a broader audience and promote an agenda); now it's EIP that sort of does the same with Darren Smyth having a colleague over, at least with disclosure ("This Kat is grateful to his colleague Andrew Sharples"). As a reminder, Smyth too is part of the UPC echo chamber and this article about the EPO was mentioned here briefly earlier this week. We will cover this today because the comments are noteworthy, more so than the article itself. As nearly everyone points out, the EPO behaves irresponsibly, as usual, probably in preparation for spin about patent quality at the EPO.

"One could argue that there is no provision in the EPC to deny applicants the patent they are entitled to by staying the proceedings and that the EPO is therefore acting "contra legem"," one person wrote. Here is another take on it:

It is outrageous that the EPO is staying proceedings, whilst presumably still collecting renewal fees. I would love to know the legal basis for doing this.

The staying of opposition proceedings is perhaps even more absurd. This will simply mean that opposed patents will remain valid and enforceable unless and until a national court decides on their validity. If the EPO thinks the patents aren't valid the indefinitely staying opposition proceedings is achieving the exact opposite as it has completely removed an Opponent's opportunity to invalidate a granted European Patent.


"I can understand the EPO carrying on with searches for first applications and PCT filings but for other EP application," another person insisted, "it does not make sense. If the EU guidance finds its way into the EPC, applicants might wish to withdraw their application and the search fee will only be refunded if the search has not yet started. Further, with publication of the search report, the applicant would be required to respond to the objections raised, for which they would not have the benefit of knowing how the rules were to be changed."

"Jurisprudence is not highly esteemed in the EPO These days," noted another person. "The EU-Commission, responsible for the BioT Directive, the model for Rule 26 EPC, can dictate how Article 53b and Rule 26 EPC are to be applied. Separation of Powers?"

Well, that is long gone! Look at the EPO itself. It's a clusterfunk [sic]. Another person wrote that "the evidence, moral argument or even legal basis for "Patent protection is not appropriate for such procedures and their products" appears nowhere. Wish I could say that this surprised me."

Lack of respect for actual laws is now a hallmark of everything that happens at the EPO, including so-called 'disciplinary procedures'. A comment from another thread claimed that the attack on actual "independent" judges (collective punishment) whom Battistelli does not like "is mere retaliation, not only from the president but also from the AC." Here is the full comment:



By no means I approve the transfer to Haar. But one thing has to be clear: it is mere retaliation, not only from the president but also from the AC.

Both have never accepted that the EBA has not acted in the way they wanted in the case of the suspended member.

It therefore remains a disgrace if the legislative and the executive try to interfere with the judicial. Separation of powers is a fundamental guarantee which should not be tampered with.

One of the members of the EBA who participated in the decision Art 23 has retired. Normally when a chairman of a BA retires, there is an article in the internal journal of the EPO (the Gazette). For this chairman, there is nothing. Is this a mere coincidence? I doubt it.


And going back to the other thread, another comment along the same lines:

It would be very interesting to read or watch an interview with the Administrative Council members presenting their vision(s) on the implementation of rule of law at the European Patent Office.

In particular, how the cornerstones of rule of law are seen by the Administrative Council:

Legality, i.e. legislative powers belonging to a representative body;

Balance/separation of powers, i.e. balance of legislative, executive, and judicial powers;

Independent judiciary, i.e. review of decisions and interpretation of law by an independent body.

The European Patent Office is in charge of taking generally binding decisions for the territory of 38 European countries, which implies adherence to rule of law as a fundamental principle of governance.


"The European Patent Office is in charge of taking generally binding decisions for the territory of 38 European countries," says the key part, yet not many people -- certainly not the German media -- ever bother reporting about the many scandals. A comment posted in The Register offered the following advice to EPO staff (similar to advice from Florian Müller):



Find alternative work?

Those who really matter, those who scrutinize patents, are highly skilled. Surely they would be warmly welcomed in almost any tech company. When the EPO just grinds to a halt that should concentrate a few of those flabby minds.


Leaving the EPO can actually make things worse in the sense that it lets Team Battistelli replace veteran staff with temporary, clueless, inexperienced "rubber-stampers", fulfilling what seems to be his awful vision for the EPO (replace the "P" with an "R" for Registration).

Recent Techrights' Posts

Dictatorship Formalised: Python Software Foundation Violates Its Very Own Code Of Conduct (COC) or Code Of Censorship
Incoming Python Software Foundation Executive Director, Deb Nicholson, allegedly uses COCs to get ahead while violating COCs
It's FOSS? No, It's SPAM.
Another sellout
Another Massive Blow to the Web
This is awful news and it neatly relates to topics that we covered this morning
All the Latest Five Blog Posts at OSI's Blog Are Written by a Microsoft Operative Salaried by Microsoft
"Open Source" no longer means anything
 
Czech Republic: GNU/Linux Jumps Above 4%
data from the Czech Republic for 2024
IBM Engagement Surveys "Are Usually Useful for the Executives So They Know Which Things to Ignore"
This impacts Red Hat as well
Did Microsoft 'Write' (by Chatbots) This 'Article' About WINE?
The Web is drowning in garbage
[Meme] 'Self-Checkout' (and Banking 'Apps'): Passing All Accountability to the Customers
Stealing
Gemini Links 07/12/2024: Leasehold and NNTP
Links for the day
Fun Statistics About Techrights (Almost a Quarter Million Files)
Here are some raw numbers
PIP (Performance Improvement Plan) as an Instrumental But Largely Hidden (From the Public) Extra Layer of IBM's Workforce Reductions
The morale at IBM is really bad
Microsoft Money: From Bribing Bloggers to SLAPPing Bloggers
Microsoft money, different strategy?
Belgium: Windows Falls to Quarter of the Market, Mobile Devices Outsell or Overtake Desktops/Laptops on the Web
Microsoft has no operating system for 'smartphones'
Links 07/12/2024: CALEA Back Doors Backfiring, Fentanylware's (TikTok) U.S. Ban a Step Closer
Links for the day
statCounter: GNU/Linux Rises Sharply to All-Time High in Republic of South Korea
Notice how sharp the rise is!
Legacy of a Dying World Wide Web
Many people truly believe they're "stars" in social control media
Google Does Not Have a Search Engine Anymore
Google wants to "retain" users for more "screen time" and influence over their minds; it does not save you time, it's manipulating you
[Meme] Automattic: Host With Automattic, We'll Handle Our Own Complexity for You
The RHEL modus operandi (more so with systemd)
Finding Peace With Less
There seems to be a growing consensus (speaking to other editors helps confirm this) that the Web is going in a very bad direction
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024
Links 06/12/2024: Meal Changes and Internet Nostalgia
Links for the day
Brittany Day (linuxsecurity.com) Reposing Linux Foundation/Microsoft FUD Using LLMs, Probably Controlled by Microsoft
Plagiarised FUD by LLMs
Three Months
Next week on Tuesday our sister site turns 20.5
Links 06/12/2024: Promotion of Fake and Illegal Patent 'Court' (UPC), South Korean Strikes, and More Bailouts at Taxpayers' Expense
Links for the day
Links 06/12/2024: Alarm Raised in EU Over Meddling and Destabilisation by TikTok, Strong Criticism of 'Open'AI
Links for the day
In France, Android Skyrockets to 52%, Windows Falls to 26%
even in rich countries across Europe Windows is rapidly losing "market share"
When News Sites Become Shopping Catalogues Disguised as 'Reviews' or 'Articles'
Sometimes Fagioli uses HEY HI (AI, LLMs actually) to make 'articles' about HEY HI
[Meme] Hit and Run with SLAPP
Microsoft staff versus Techrights
[Meme] When You Go Against Corporate Front Groups and Shills of Moneyed Interests (EDRi is Microsoft-Compromised Now)
The "golden rule" is, follow the gold
The Register Exposed Many IBM Scandals, Lawsuits, and Secret Layoffs. Now IBM Pays The Register.
Hush money?
IBM Told the Media the Secret Mass Layoffs Would Carry on Till End of November, But They Still Happen This Month
"My team of 9 people had 4 regulars and 5 contractors. All contractors gone."
All the Red Flags in New Linux Foundation Report
How telling...
Gemini Links 06/12/2024: Shrinkflation and Working at Google
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 05, 2024
IRC logs for Thursday, December 05, 2024
[Meme] Shooting the Messenger
"you needn't refute the message, just take out the messengers"
Software Freedom Conservancy (SFC) Associate Sued Us for Publishing Perfectly Accurate Article About SFC; We Sued Them for Harassment
SFC and its associates aren't nice people
Fantastic Journalism by Brian Fagioli
A lot of today's Web, even "news" sites, is spam
Techrights Does Not Forget
Techrights has many anti-censorship mechanisms
Windows Has Fallen to All-Time Low in India
In India, only about 1 in 8 Web requests comes from Windows
Microsoft Criminals: Law Enforcement is the Real Problem
deflecting the issue and resorting to projection
[Meme] They Dropped the L (Libre and Law)
SFLC, could I borrow 75% of your letters?
Companies That the Software Freedom Conservancy (SFC) Will Censor the Community for, Using Their Very Large CoC
also exploiting poor (and sexually abused) women from eastern Europe
Software Freedom Conservancy (SFC) Has Asked a Blogger to Delete This Page About the SFC, So We Reproduce It in Full Here
Censored article
The Free Software Foundation (FSF) Has Raised More Than Three Times More Money Than the Software Freedom Conservancy (SFC), Which Mostly Gets Money From Corporations, Including Microsoft
Do not donate any money to copycat organisations. It's worse than money down the river because your money might get spent attacking and even defaming the originals.
Increasing Productivity With Less Hardware, Little Power, and Fewer CPU Cycles (and Far Less Digital Waste in General)
A lot of people who glance at our PCs (as they visit us) act a bit baffled, as much of what we're using is a bunch of terminals and some text editors
Gemini Protocol Keeps Getting Better (Less and Less Reliance on Centralised Certificate Authorities)
Reliable systems do not depend on third parties, only themselves
Why We Moved to Perl and Dumped PHP Last Year
Elongating the lifetime of the underlying stack
Links 05/12/2024: Explaining the South Korea Chaos and French PM Barnier's Government Already Disintegrating
Links for the day
Gemini Links 05/12/2024: Domain Changes, Griping With Haskell
Links for the day
Links 05/12/2024: Mass Layoffs at Microsoft's PR (Bribery of Media) Agency, UnitedHealthcare CEO Shot Dead
Links for the day
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.