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

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026