Bonum Certa Men Certa

The EPO's Universal Patent Injustice Concealed With Polyglottic Tricks

French management, German language, English-speaking applicants?!

From left to right: Benoît Battistelli, President of the EPO; Michel Barnier, European Commissioner for Internal Market and Services; Antonio Campinos, President of OHIM



Summary: The EPO is fooling nobody; it's desperate to hide the very simple fact that Battistelli did something illegal and over the past few years every decision issued by the EPO was legally invalid (as per the EPC)

THERE are officially three languages at the European Patent Office (EPO), French, English and German. That in its own right is a controversial subject because Spanish is spoken by a lot more people and Spain is in Europe. Most member states can deal with English, some (like Belgium) feel OK with French and for 2 states as well as one to the west and several to the east German might be of some use (without fluency). But it's clear that English is the most important language. The EPO's Web site, for example, speaks English by default. As only the minority of European Patents are actually European (assigned to people of European nationality) that sort of makes sense. So how come the EPO selectively releases particularly important decisions in languages other than English? And only the spin (summary) is presented in English? It's pretty clear that the EPO is trying to bury something, as it did when that one particular case (G2/19) was going on. The EPO went out of its way to produce media noise and distract from criticism, as we noted at the time. G2/19 isn't just some ordinary case; if ruled in the particular way it could void many hundreds of prior decisions. It also concerns the crimes of Battistelli, gleefully perpetuated by his 'butler', António Campinos. This same court will soon decide on matters such as software patents in Europe. Shouldn't we know whether the court's decisions are legally valid? Considering the fact that the judges too (something through AMBA) complain about loss of autonomy? Shouldn't European people (or businesses) be permitted to see what goes on behind this veil of secrecy? How rogue is the EPO willing to become? This dam will burst one day and it won't be pretty.



"Shouldn't European people (or businesses) be permitted to see what goes on behind this veil of secrecy?"Criminals tend to go out of their way to hide their crimes. The EPO's managers are no exception. Why would they make it simpler for the public to observe their abuse? Instead of twisting, spinning, misleading etc. while making that come across as compliance with transparency policy/regulations?

The EPO's attempt to suppress publication of this case has been chronicled here for months. Media of the patent microcosm mostly played along, as we noted around the time of this case. Riana Harvey wrote on Thursday: "Rose Hughes reports on case G2/19, which the Enlarged Board of Appeal released its full reasoning for. The appeal related to a case in which a third party had submitted observations pursuant to Article 115 EPC that a patent application lacked clarity."

Go back to the original and notice the sole comment on that original: "Another possibility would be to learn German.. oh wait, what did they say about Britain? "Learning a foreign language is considered as flamboyant as wearing a crown in a bus"... well..."

"...it's very clear what the EPO is doing."How many Brits can speak German? How many people around the world in general have a grasp of the language? Maybe one percept of the world's population can speak that at mother's tongue level! Combine the population of Germany and Austria, as a fraction of about 8 billion people.

As we noted not so long ago, it's very clear what the EPO is doing. It's very clear why. To limit audience/people who are able to read the decision it was published only in German and as J A Kemp has just put it, weeks down the line there's still no English translation, month after the decision itself ("currently only available in German").

To quote "Decision From The Enlarged Board Of Appeal In G2/19" (published before the weekend):

The EPO has issued a press release (see here), which summarises the full decision (currently only available in German here) from the Enlarged Board of Appeal in G2/19.

[...]

The second answer relates to the relocation of the Boards of Appeal to Haar from Munich. Interestingly, the Enlarged Board indicated that it was only required to rule on this matter insofar as it was related to the possible infringement of the procedural right of a party. The Enlarged Board concluded that holding oral proceedings in Haar does not infringe a party’s right to be heard and that mere perceived inconvenience does not injure the right to be heard.

Although they considered it unnecessary, the Enlarged Board did nevertheless also consider the effect of Article 6(2) EPC, which states that “The European Patent Office shall be located in Munich. It shall have a branch at the Hague.” It had been argued by the appellant that Haar is not in Munich and thus locating the Boards of Appeal in Haar contravenes Article 6(2) EPC. The Enlarged Board did not accept that argument, commenting that as the main EPO body responsible for granting patents is in Munich, the requirements of Article 6(2) EPC are met. The Enlarged Board also observed that separating the Boards of Appeal geographically from the EPO administrative departments in Munich highlights the independence of the Boards of Appeal and, in view of this, it is not necessary to limit the location of the Boards of Appeal to the city of Munich itself. The Enlarged Board also noted that the Boards of Appeal in Haar are “only located slightly outside the boundaries of the city of Munich”. It therefore seems unlikely that any future challenges to the location of the Boards of Appeal in Haar will succeed.


That last sentence is key: "It therefore seems unlikely that any future challenges to the location of the Boards of Appeal in Haar will succeed."

This is the message that the EPO wanted to get out there. "We did something illegal to capture the courts; and don't dare challenge the legality of it anymore!"

Recent Techrights' Posts

Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
"We Might Save Somebody's Life"
I follow the example of my father
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
 
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day