Bonum Certa Men Certa

Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

Keep out, journalists...

Orange cone



Summary: The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout

NOT a single patent blog is writing about G 2/19 at the moment. Nothing. We've checked. We're not surprised, either.



It's like media access is being obstructed (it isn't, as we clarified earlier this week and I've urged some local bloggers to attend) or media is instructed not to deal with it anymore. IP Kat was sanctioned by the European Patent Office (EPO) after it had covered the attacks by Battistelli (and now António Campinos) on judges. How can these judges stop European software patents later this year? They cannot. We don't expect a 'European Alice' or 35 U.S.C. €§ 101.

"Will EPO bring patents on life and nature to the UK as well?"A new comment from IP Kat (posted in the blog by Kant) said: "Apparently, Haar is indeed in Munich." So says a rigged panel? We shall see. We are going to publish the final part of our series in a moment (see Part 1, Part 2 and Part 3).

It is meanwhile being reported that the UKIPO is cooperating with the EPO. Is this the effect of Rowan? Recall "Stephen Rowan: From UK-IPO to Operation Coverup of Team António Campinos" (published recently).

Ben Wodecki (IPPro Magazine) wrote: "The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018."

The 'Rowan effect'? Will EPO bring patents on life and nature to the UK as well?

To quote Wodecki:

The European Patent Office (EPO) has agreed to conduct some biotechnology patent searches for the UK Intellectual Property Office (UKIPO) to help tackle its large backlog of applications.

UKIPO said it has recruited and trained patent examiners in this area, but “remain[s] unable to deliver the timeliness that we want for our customers, particularly in relation to searches”.

The EPO is able to help under its bilateral cooperation agreement with UKIPO, which entered into force in July 2018.


IP Kat is meanwhile reporting on Richard Arnold's promotion in "Mr Justice Arnold to become Lord Justice Arnold: congratulations!"

"...external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part of our series is about it and will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes."So British courts will soon have a connection to the EPO as well. Wodecki (IPPro Magazine) noted: "In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO)..."

As we shall show in our next post, external members of the Enlarged Board of Appeal can be problematic and help form a biased, rigged, stacked panel of judges. The final part our series about it will be out soon. External members of the Enlarged Board of Appeal of the EPO can be hand-picked for 'favourable' (to Office management) outcomes.

From Wodecki's article:

Her Majesty Queen Elizabeth II has approved the appointment of judge Richard Arnold to the UK Court of Appeals. Arnold served as a High Court of Justice judge in the Chancery Division from 2008 and was appointed to be judge in charge of the Patents Court in April 2013.

In March 2016, he was appointed as an external member of the Enlarged Board of Appeal of the European Patent Office (EPO).

During the high profile patent dispute between Warner-Lambert and Mylan/Actavis, it was justice Arnold’s rejection of Warner-Lambert’s arguments on the basis of lack of an inventive step that the Court of Appeal’s ruled as correct.


Going back to IP Kat, earlier this week Rose Hughes write about a Board of Appeal decision, but still said not a word about the more important Haar case that started yesterday and had a seemingly stacked panel of judges to render the case inadmissible. Hughes wrote about T 0439/17 instead:

In T 0439/17 (published online 1 July 2019), the Board of Appeal of the EPO considered the circumstances under which a third party may intervene in an opposition. In general, a third party may intervene in opposition proceedings, after the opposition period has expired, if infringement proceedings relating to the patent have been started against the third party (Article 105(1)(a) EPC). The meaning of "infringement proceedings" under this provision has presented some difficulties, given the diversity of potential "patent infringement" related court proceedings (civil and criminal) throughout EPC member states.

[...]

KCC also argued that the admissibility of the accession need not necessarily be assessed at the precise time of the submission. Other subsequent events (e.g. the bringing of an infringement action), should also be taken into account. KCC pointed to Rule 89 EPC as providing the possibility for ex tunc assessment, in particular the wording "the [statement to initiate proceedings] is only deemed to have been made when the [fee] prescribed has been paid". The Board also dismissed this argument (r. 13). The Board commented that the wording used in Rule 89 EPC was used throughout the EPC and was not considered to have a retroactive legal effect. The appeal was dismissed.

T 0439/17 therefore confirms that pre-infringement evidence procurement procedures in national courts are not considered sufficient to allow a third party to intervene in opposition proceedings. The Boards of Appeal maintain that the intervention under Article 105(1)(a) EPC is to be considered "a procedurally exceptional situation, which is justified only by a substantial legitimate interest of the assumed infringer to enter the opposition proceedings" (T 1713/11, r.2.2). The BA thus seeks to prevent the definition of "infringement proceedings" in Article 105(1)(a) EPC from being elaborated to encompass national procedures beyond an infringement action per se. The onus is thus on potential infringers wishing to avoid lengthy and expensive national revocation proceedings to pay close attention to newly granted European patents, such that they can file timely oppositions of their own. The BA stresses that there can be no benefit of hindsight.


T 0439/17 and every other decision very much depend on G 2/19, which questions the legitimacy of all decisions issued in recent years, just like one single ILO-AT judgment rendered perhaps hundreds of others 'invalid' (Battistelli ignored that anyway).

We don't suppose the EPO will say anything at all about G 2/19; it hasn't mentioned it for a long time (probably months) and yesterday it wrote: "The EPO’s #SocialReport2018 is out! Our multinational staff, based in 4 amazing cities is what makes the EPO such a success story! Read all the facts and figures here: http://bit.ly/2Sgn3Hw pic.twitter.com/p2aoSf8mui"

As we explained before, the EPO bombarded with puff pieces the very moment G 2/19 started, painting itself with "ethics" and "peace". These puff pieces were perfectly timed to distract... or to divert attention away from the violation of the EPC (and stacked panel chosen to thwart justice). It is abundantly clear that the location of the judges is outside the EPC's geographical scope:

Haar



The EPO's PR people keep dictating to European media what to do/say about the EPO (or avoid covering). Not too hard a task when there's so much bribery money at their disposal and they indeed use it all the time to bribe publishers in creative, "innovative" ways...

The UPC Preparatory Committee and Alan Johnson (Bristows LLP) are once again desperately trying (yes, again!) to create an illusion of UPC 'progress' as they recently admitted to FT (they admitted they try to create a false impression). How can they justify advertising false job ads almost 4 years ago? For jobs that will never exist...

"For the 2016 applicants," Johnson wrote, "the Preparatory Committee stated in a Press Release of 19 December 2018 that ‘Those that have applied for judicial positions in the Unified Patent Court are being contacted separately’ to enable applications to updated or withdrawn, as necessary."

Put that on bus, Johnson! What liars and charlatans. As we've said many times over the years, how is it not an offense to publish false/fake job ads?

Recent Techrights' Posts

Technology: rights or responsibilities? - Part IX
By Dr. Andy Farnell
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
 
Techrights is Officially an Adult
this site's eighteenth anniversary
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
It's FOSS? No, It's SPAM.
Another sellout
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)
A Cult of Fake Security
It's almost as if there's a coordinated effort to weed out and drive away people who are passionate about security for the users, as opposed to the financial security of companies like Google and Microsoft
Why Your Web Site Should Also Support HTTP (Without 'Secure')
sites which force everybody to use HTTPS have an inherent accessibility problem
Gemini Links 02/12/2024: Long Hair and Spirituality, Technology and Nature
Links for the day
Windows Not Even a 'Thing' Anymore... in North America (Where It Originally Came From)?
StatCounter shows Windows isn't even listed as a leading platform in any country in North America
Links 02/12/2024: Obesity Crisis to Worsen, Syrian Coups Rebound
Links for the day
Months After Mass Layoffs at Microsoft Nigeria Windows "Market Share" Collapses (Now Measured at 5%)
Of course the winner is Android (new all-time high of 77.3%)
Microsoft Windows is Technically at 0% in Some Countries
It's not an important platform to target anymore
Windows Measured at 5.7% 'Market Share' in Philippines, GNU/Linux Rose to 5%
It was 3.62% last month
South America Has Made It (Android Majority Everywhere) and in North America New Records for GNU/Linux Usage
Windows monopoly rents cannot be salvaged
Windows Down to Only One in Six Internet- or Web-Connected Devices in Asia
it's not looking good for Microsoft
Microsoft Windows Market Share in the United Kingdom Has Fallen to About 20%
Microsoft knows the true numbers, but it would rather not tell
statCounter: GNU/Linux Up to 4.6%, Windows Down Sharply This Month (Almost 22% Worldwide)
Let's see it the figures stay stable throughout the month
Figures of Note: Tesla's Debt Has More Than Doubled in Two Years and It's a Symptom of a Fake Economic Order
Cash infusions by taxpayers can create "billionaires" who aren't "job creators" (see what happened to Twitter) and bring no benefits to these taxpayers, only poverty
Linux Foundation Let Linux.com Rot for Two Months and Now It Posts Ridiculous Spam
Mindless shopping site
Links 02/12/2024: Journalists Arrested, Tesla Factories Destroying the Planet and Public Health
Links for the day
Gemini Links 02/12/2024: Adventures With Bevy, Google Very Evil, Jumping Into Gemini
Links for the day
BetaNews is Still a Shrine of Microsoft, and Casually Also an LLM Slop Factory
Fake articles, anti-Linux FUD, and Microsoft propaganda make a sound "business model"?
[Meme] Cyber Monday is Not a Thing; There's No Such Thing (It's a Corporate SPAM Campaign Plaguing the Web)
Enough with these fake 'holidays' that billionaires (business oligarchs) keep inventing to make more money at other people's expense (debt)
Software Freedom Conservancy (SFC) and Linux Foundation: Same Mentality of Revisionism and Plunder
Lie about history and then 'cash in'
[Meme] Software Freedom Conservancy (SFC) Begs You for Donations
How does one even spend 20,000 dollars per month???
Why Software Freedom Conservancy Does Not Deserve Money (Karen Sandler is Already a Millionaire and Her Organisation Attacks Free Software Leaders)
These people speak for "Big Money" interests, not for freedom
On the internet [sic] (Lowercase), They Spread Misinformation About the Internet
Hugh Grant remembers what happened before he was born
Richard Stallman Was Getting Honorary Doctorates Almost Every Year Until 'Cancel Culture' Stepped in, Distracting From Jeffrey Epstein's Ties to Bill Gates
This finally ended... earlier this year (October)
Self-Deprecating Attacks on RMS
Drew DeVault seems to have deleted all of his social control media accounts
When Bills Are Rising, Whereas the Demand Isn't (OpenAI is Insolvent)
Latest month on record shows traffic fell about 3 times lower than earlier this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 01, 2024
IRC logs for Sunday, December 01, 2024
Links 02/12/2024: Climate, Sportwashing, and Software Patents
Links for the day
Gemini Links 02/12/2024: Words and Apologies, Being Rude, and Geminauts 0.1.0 Release
Links for the day