Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

Previously in this series:



The kangaroo judges
G 1/21 is likely to be just another pro forma rubber-stamping exercise.



Summary: Half a decade after Benoît Battistelli 'kidnapped' and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself

This time the story is connected to the "new normal" at the EPO and plans of the management to impose oral proceedings by videoconference, in particular in circumstances where the parties don't consent to the use of such a procedure.



The case is G 1/21 (warning: epo.org link) and the crucial referral question reads as follows:

"Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?"


Back in February of this year, IPKat began reporting on the case under the headline

"BREAKING: The legality of Board of Appeal oral proceedings by video conference has been referred to the EBA".

This was followed up by two further posts in March:

"BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral"; and

"Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21)".

It seemed like the blog was finally starting to show signs of awakening from its Kat-atonic torpor and recovering some of its long-lost critical faculties vis-à-vis the already deeply entrenched and ongoing erosion of the rule of law at the EPO.

"Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through."In particular, IPKat recognised that the "hasty scheduling of the oral proceedings with limited time for third parties to comment, and (…) the potential conflicts of the appointed members of the Enlarged Board" had given rise to a significant amount of legitimate public criticism.

Even the normally censorious Rose from AstraZeneca has been allowing EPO-critical comments to filter through.

Much of the criticism in the comments following the articles has been directed at Carl Josefsson.

"It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance."In his capacity as President of the Boards of Appeal, Josefsson was directly involved in the introduction of the disputed amendments to the Rules of Procedure. His involvement in the amendment procedure is foreseen under Rule 12c(2) EPC (warning: epo.org link).

It seems that Josefsson is now insisting on playing a key role as Chairman of the Enlarged Board in deciding whether or not the amendments which he himself proposed are compatible with the European Patent Convention.

It should be noted that the decision adopted by the EBA in such a case is a final decision which is not subject to review by any further instance.

As things stand, the procedure in G 1/21 is unlikely to be anything more than another pro forma rubber-stamping exercise.

"But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May."The only useful purpose which it is likely to serve is to provide a further "exhibit" in the mounting pile of evidence of a serious erosion of the rule of law at the EPO and a failure by the organisation's main judicial body to comply with even the most elementary standards of judicial independence and procedural fairness.

But even if the outcome seems like a foregone conclusion at this stage, the case has generated a significant amount of public interest and controversy and will, in all likelihood, continue to do so in the lead-up to the hearing scheduled to take place on 28 May.

In the next part we will present the composition of the judicial panel entrusted with deciding the controversial referral case G 1/21.

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
 
The Deleted Article About Mass Layoffs at IBM (April 2026)
Resurrected
Lots of Positive News Lately, Microsoft GitHub in Trouble
it's not too crazy to speculate about GitHub being the next Skype (or CodePlex)
The Register MS Has "Webinars" (Marketing); They're Promoting Ponzi Schemes or Slop But Disguised as "Intelligence"
These "webinars" are just spam displayed to people as if it contains real information
It Was Always About Freedom and Sovereignty (or Self-Determination)
About 24 hours from now Richard Stallman (RMS) will be giving a talk in Texas
Mass Layoffs at IBM Again, Just in Time for the Fake "Results" Next Week
Slopfarm will issue some chaff to give an illusion of journalism
Windows (Microsoft) in Botswana Falls to Another New Low
Botswana is a fairly large country
SLAPP Censorship - Part 47 Out of 200: British Courts Are Not Censorship Offices for Americans Funded by Affluent Third Parties
Solicitors Regulation Authority (SRA) was scrutinised by our government
More Than 6 Months After a Very Close Friend of António Campinos and EPO Official Caught With Cocaine Campinos is Cracking Down on - or Stealing From - EPO Staff
Now they go after the "Education and Childcare Allowance"
Links 14/04/2026: Data Breaches and LLM Slop in Courts
Links for the day
Gemini Links 14/04/2026: Mastodon in the Terminal and a Voxel Engine
Links for the day
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026
IBM Agrees With Microsoft That Slop is Just for "Entertainment" and "at Your Own Risk"
So what can IBM sell now?
Microsoft Windows "Market Share" in USA Down to 40% According to Government Sites or 31% Overall
The world is changing, so do Americans
SLAPP Censorship - Part 45 Out of 200: Garrett and Graveley Cases Inherently the Same, Their Legal Team Can Barely Even Distinguish (Full Timeline)
"million-dollar men"
Gemini Links 13/04/2026: Pronouns for an LLM, Fakecoins Promotion Piggybacking Iran, "Your Face is Now a Search Query"
Links for the day
Links 13/04/2026: Higher Costs Hurt Both Rich and Poor Country, a "Landslide Win to Oust Orban"
Links for the day
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day
Links 12/04/2026: Climate, Conflict, and Change in Hungaristan
Links for the day
Gemini Links 12/04/2026: Passports, Science, and Lateral Thinking with Withered Technology
Links for the day
The Energy Crisis Will Likely Carry on and Kill the Slop Industry
To the slop charlatans, "this is the end, my friend..."
SLAPP Censorship - Part 44 Out of 200: Garrett and Graveley 'Copypasta' Sunday (Copy-Paste, Add One Word, Change 'T' to 't')
recycling text
EPO on Strike This Past Friday (All Major Sites), Massive Strike Continues Tomorrow
strikes have trebled, not trembled, compared to last month (in Munich)
Links 12/04/2026: SLAPPs Against Thai Journalists Who Expose High-Level Corruption, Maharlika (Philippines/Marcos) Threatens to Lawyer Up Against GAFAM to Demand Censorship of Critics
Links for the day
Racism and IBM
at IBM and Red Hat people who are hard-working and proficient are now being fired based on their ethnicity and nationality (or either)
When Cruelty is the Point (American SLAPPs in London, the United Kingdom, Europe)
Consider the following
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site