Bonum Certa Men Certa

The EPO's Systematic Attacks on Justice and on Judges Have Likely Played the Biggest Role in the Death of Unitary Patent (UPC)

Recent: Another Victim of Corrupt Benoît Battistelli (a judge)

Fair trial



Summary: The issues associated with lack of independence for European patent judges are totally unsolved; this means that any decisions about European Patents may, in the meantime, be subjected to substantial doubt and it harms the perception of justice

THE EPO's judges still lack independence under António Campinos. It certainly seems like Campinos doesn't intend to fix anything and maybe this is why he's so afraid to meet SUEPO officials, who are growing impatient with him by the looks of it.



"Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years."An article just published by Leythem A. Wall (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, one of the biggest patent maximalists out there) may be short, but it basically repeats somewhat old news from the EPO when it says: "In one of his last acts as President of the European Patent Office (EPO), Benoît Battistelli has referred a question to the Enlarged Board of Appeal concerning appeal fees and the interpretation of Article 108 EPC. The case is now pending under the reference G1/18."

Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years. What is going to happen next? We're not optimistic. Remember that the Enlarged Board of Appeal, due to decide on matters including this, is not independent. It spoke about it again not too long ago.

"Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC."The media barely mentions any of these issues. Joff Wild, for example, has just mentioned "President Benoît Battistelli" again (at IAM). This can become a serious reputational liability if Battistelli gets arrested some time in the future (not his extremely violent bodyguard). After Benoît Battistelli wrote articles for IAM and was given a keynote slot by IAM they still treat him as some sort of champion with a "legacy". What exactly is his legacy? Corruption? Construction site? Serious brain drain? The death of the UPC? Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC.

There's no "Future Unified Patent Court". We're pretty certain of that. But pro-UPC propaganda blogs such as Kluwer Patent Blog now give the platform to "Intellectual Property Rechtsanwälte" Thomas Musmann, whose biases are revealing. From yesterday's blog post:

IIAs are treaties under public international law that are not specific intellectual property (IP) agreements, such as TRIPs. Rather, they generally protect property rights against state interference. To date, arbitral tribunals have rendered decisions in four IP-related international investment disputes. Whereas the Eli Lilly v. Canada award pertained to a dispute involving decisions of state courts, arbitral proceedings based on an IIA may also be considered as a special appeal mechanism concerning IP-related decisions of international organizations, e.g. the European Patent Office (EPO) or the future Unified Patent Court (UPC). Thus, they could represent an alternative to other extraordinary remedies which have already been used for challenging EPO decisions, e.g. constitutional complaints before the German Federal Constitutional Court or applications submitted to the European Court of Human Rights (ECHR).


This is the same ECHR where SUEPO lodged a serious complaint. We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes. The UPC hopefuls too will move on with their lives.

"We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes."Team UPC has in general been very quiet for months and not because it's summer. Bad legislation dies in the midst of inaction, not because its death is announced (it 'hibernates'). The UPC is dead. Even if Britain decided to can Brexit and remain in the EU, the UPC would still be dead. It's no longer the UK that acts as a barrier; there are several constitutional issues, EPO corruption and a lot more.

Recent Techrights' Posts

Links 23/01/2025: More Overt Constitutional Violations and "TikTok Executive Order" (White Flag to CCP)
Links for the day
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
 
CDN Giant: Microsoft Bing and Skype Collapsed Since the LLM Hype, Same as Other Metrics Show
No wonder Microsoft managers suffer anxiety and there are several waves of layoffs even on the same month
Gemini Links 23/01/2025: Experience With Outer Wilds and Gifting a Site
Links for the day
Slopwatch: Fake 'Articles' About Linux by Brian Fagioli and by Brittany Day in BetaNews and linuxsecurity.com (LLM Slop Sites That Are Online Leeches or SEO Operations Working Against Free Software Journalism)
Two new examples for today
Status of New Year's Resolutions
3 weeks later
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025