Bonum Certa Men Certa

The EPO is Breaking the Law and Its Employees Cannot Speak About It (Updated)

Like popes who suppress information about abuse

Benoît Battistelli at UIMPSummary: A truly extraordinary situation at the EPO, where laws are being violated in the name of so-called 'production' and truth is treated as "defamation" and attacked vehemently

SUEPO has just, for the first time in fact, mentioned denial of holidays by the EPO. We have been writing about it since early September and now there is this text about it in German [PDF].



SUEPO refers to it in English as "Abolishment of German National Public Holidays at the European Patent Office. Kurzgutachten zu den Rechtsfragen - For more information, read here. (German) The Europea [sic] Patent Office above national law." It says this while referring to this page from the site of the EPO. (warning: epo.org links may be a privacy risk)

Surely the staff is extremely upset about this. Some people thought about actions they might take, such as not showing up or demanding double pay for that day. Since the EPO cannot be sued (immunity), Battistelli will quite likely get away with it. He intends to do this again and again (3 times at least) and not because it's some critical situation like missed deadlines; his right-hand bulldog has already admitted that this is all about increasing so-called 'production' (i.e. granting more low-quality patents, faster). But perhaps what's most horrible about this is that staff is unable to speak out against it. The media isn't listening and when comments are posted they get deleted. As someone (John) put it in our comments a few minutes ago:

The ipkat article reads (cite): “The overwhelming majority of comments were purely libellous ad hominem attacks on a man that has not even taken office.” The man who has not even taken office can only be Campinos. I don’t remember any particular comments about Campinos in the comments, do you?



There is a similar comment about it in Kluwer Patent Blog. To quote:

We now know that the deletion of comments on the IPKat thread was deliberate: http://ipkitten.blogspot.co.uk/2017/10/ipkat-comment-moderation-policy_25.html

We are reminded that EPO-related comments on IPKat must follow strict rules. However, it is immensely disappointing (to say the least) no attempt was made to remove only those comments that transgressed the rules.

As to whether it is correct for Merpel to assert that “The overwhelming majority of comments were purely libellous ad hominem attacks on a man that has not even taken office”, readers can judge for themselves: http://techrights.org/wp-content/uploads/2017/10/censored-by-ipkat.pdf

By my count, a total of 3 (out of 34) comments could reasonably be characterised as referring to “the character, motive, or other attribute” of Mr Campinos. Of those, only two go in any way beyond mere mention of facts regarding his background… and, in any event, seem pretty mild by the standards of blog posts even in the civilised world of IP. So, not quite an “overwhelming majority” of problematic comments, then? Unless, of course, you believe that a 6% level of (mild) “opinion-based” comments qualifies as such.

So, it seems that we are back to my initial comment – that strange things are indeed afoot in the world of (reporting on) the EPO.



"Amazing indeed," Dr. Thorsten Bausch called it. Bausch has been brave enough to say the truth, using his own real name.

The above is based on a PDF of a printout, which we published before IP Kat was forced to admit that it had censored all the comments. Watch this comment from yesterday (posted in another context in IP Kat): "My comment was not really that serious, as it was really intended to establish whether all of my comments (as opposed to just those relating to the EPO) were getting "censored"."

The context of this comment was a discussion which involves the EPC -- something which Battistelli neither respects nor follows (just as he flagrantly violates national laws and disregards holidays). The latest comment mentions the EPC explicity:

Well, I read the decision, and it appears logical, but have one overrding question, and I hope somebody can answer it.

In 3.1.1.3 it says 'The successor in title ....must prove that it indeed owned...'

It is especially the requirement TO PROVE that bothers me. Where does this come from. What is its basis under the EPC? I don't see it.

If both the original owner and the successor in title certify that the transfer was effected on date X, to their satisfaction, and in a form which they found acceptable, what is the basis for a third party, or EPO, to doubt an effective transfer, and where is their basis to require proof.

As a summary this decision is nice...but still, I'd like to have seen a legal basis for the right of others to demand PROOF.


Well, lawlessness is the new norm and lawfulness at the EPO is a thing of the past. Get used to it or do something about it. It's the EPC which granted the EPO powers to give (and profit from) patents; these powers are now being grossly misused. Revoke it.

As a lot of the media has been compromised (using money and threats) it's hard to know what's true about the EPO and UPC. Using soothing terms like "balance", professional journalists (i.e. salaried to follow their publisher's agenda) they often repeat lies from the EPO and habitually ignore the voices of EPO employees. This has been going on for years. This is why we have been so eager to write about the subject.

Update: SUEPO has just self-censored the above (could be due to threats or something else), so we are making a local copy of the PDF.

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024