Bonum Certa Men Certa

Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

Patent terrorism



Summary: The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)

WE are generally pleased to see/read news about patents in the US because 35 U.S.C. €§ 101 endures many challenges (another one reported on yesterday; it's in Daily Links). USPTO-granted software patents won't withstand scrutiny. Moreover, the USPTO can be sued (as habitually happens). But as long as software patents are being granted in Europe and Team Battistelli/Campinos tries to swap European courts with something that the European Patent Office (EPO) better controls there remains a real threat. Campinos recently pressured judges at the EPO to allow software patents. It's really that crude and blatant. Is the President of the EPO also the chief judge? Or a whole panel of judges? That would of course be a serious violation of the EPC at every level*.



"Is the President of the EPO also the chief judge? Or a whole panel of judges? That would of course be a serious violation of the EPC at every level."We are grateful to each and every patent examiner who participated in the recent strike ballot. We imagine that virtually all of them voted for a strike. To quote the couple of comments from RIP Kat (Märpel's anonymous blog), "Anonymous" said: "Not really correct: 54% participation and 83,2% of the participants in favour of a strike. About 3000 epo staff voted in favor of a strike. In view of the enormous efforts by Campinos to convince staff of the non- existence of the alleged gap, this shows that he clearly did not convince a big part of epo staff and shows a clear failure of his so-called transparent communication strategy."

"Anonymous Concerned examiner" said (with our emphasis added): "Märpel could also have written that only 417 voted against the strike and for Campinos project. That is little more than the top floors of the Isar building.

"As an examiner, however, I like that the figure is presented as "83". It reminds me of Article 83 EPC, the one we use when an application document is so unclear that we can't do anything with it. Maybe it is a symbol of Campinos financial studies?"

Well put, well framed. So we know that technical people at the EPO aren't happy. They want things to change. From those we've spoken to we always learn that examiners also oppose software patents. But they're under pressure to grant some, even if they know it's in violation of the EPC (like the EPO's guidelines themselves).

"The EPO continues to lie about its impact on SMEs, denying the fact that in reality they’re discriminated against and barely get/pursue patents.""What are the latest trends in self-driving vehicle innovation? This EPO study reveals the most-active companies too," the EPO tweeted yesterday.

"Way to frame software patents as "Cars" -- one of several tricks ("Hey Hi", "Blockchain", "IoT") for painting illegal patents as ground-breaking," I responded. They also tweeted their usual nonsense about "SMEs". The EPO continues to lie about its impact on SMEs, denying the fact that in reality they’re discriminated against and barely get/pursue patents.

Our FFII friends at Brussels are meanwhile preparing action on the ground. As Benjamin "NO Software Patents" Henrion put it yesterday, quoting Richard Stallman: "The volunteer activists drifted away, thinking the battle won, but the corporate lobbyists for software patents were paid to stay on the job. Now they have contrived another sneaky method: the "unitary patent" system proposed for the EU..."

"Demonstration against Unitary Software Patents" is planned, Henrion told me yesterday, setting the time and place as follows: "thu 12dec@12h00, Brussels regional parliament (PRB)" (the same time Brits are voting).

"We are calling for a demonstration against the UPC this thursday at noon," he said, "in front of the Brussels Parliament. UPC is on the agenda the day after."

This didn't happen overnight, as he first told me about it last week and yesterday he tweeted: "We are preparing a demonstration against the Unitary Patent Court (UPC) and its patent trolls, stay tuned!"

Henrion is still preparing this protest (same day as British election) and needs to interact with those who attend. There's lots at stake and having just earned television coverage in Belgium (an event he organised), one can hope the UPC protest can accomplish something similar. _____ * Incidentally, Rose Hughes (AstraZeneca UK litigation team) has just published this 'Katty' post about T 2037/18. The 'Kats' used to write a great deal about the fact that judges had come under attack and lost their independence. But not anymore. From the EPO's Boards of Appeal that totally lack independence:

T 2037/18 is an EPO Boards of Appeal case that considers how much an opponent needs to prove in the Notice of Opposition itself. The case related to a dispute between Bombardierand Siemens regarding Bombardier’s EP patent (EP2619063) for a train carriage. Siemens cited a train (the TDR Series 460) as prior art against the patent, alleging prior use by Bombardier’s customer Transregio Deutsche Regionalbahn (TDR). The case centred around whether the transfer of the train from Bombardier to TDR could be considered to have taken place under conditions of confidentiality. Crucial questions in the case were a) on which party the burden of proof should be laid and b) whether this burden was on the opponent in the Notice of Opposition. Another key question was whether the burden of proof placed on Siemens in opposition had been the equivalent of asking them to prove a negative (or more philosophically speaking, had it been like asking the opponent to prove the existence of the philosophical "celestial teapot").

The Opposition Division (OD) did not consider the information provided by Siemens on the TDR 460 train to be enough to substantiate the opposition. The OD particularly considered that the process of transfer between Bombardier and TDR should be considered as having taken place under conditions of implied confidentiality. The OD thus found that the burden of proof had been on Siemens to demonstrate the lack of such conditions of confidentiality between Bombardier and TDR in the Notice of Opposition. In the absence of any such proof the opposition was considered inadmissible.

The appeal case explored the issue of whether the burden of proof really should be viewed as resting with the opponent in such a case.


There's more in there on what was decided on "existence of confidentiality agreements"; as usual, Hughes conveniently ignores the fact that the decision may lack legitimacy due to judges lack of autonomy -- an issue they themselves have repeatedly complained about.

Recent Techrights' Posts

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026