Bonum Certa Men Certa

Making up Law at the EPO

Video download link



Summary: Another video about the ongoing EPO series and some news/commentary from around the Web

THE concept of "law and order" is under attack in Europe. The second-largest European institution and Europe's largest patent office is shamelessly throwing the law in the bin, in effect binning the very basis for its existence so it now operates in a legal vacuum, just like some warlords in Libya.



"Michel and Minnoye should be in retirement. They're still closely connected to the people who ruined (and sometimes still ruin) the institution, driving out the talent, lowering patent quality/legitimacy, and throwing 40 years of organisational reputation under the bus."Speaking of Libya, Benoît Battistelli's master is in prison (yes, connection to northern Africa) and António Campinos lost his father in Africa where he had fought the sort of colonialism his son now fights for. It's an act of occupation against European citizens (e.g. European software patents against European programmers like myself). It's also an act of occupation against people who wish to or need to be vaccinated. Whose interests are being served by those well-dressed warlords?

The lawlessness of the EPO is concerning or deeply worrying a growing number of people, some of whom aren't suppressed by the employer (at least not if they comment anonymously) or by some 'warlords' of blogs, such as the administrators at IP Kat. Looking at some of the latest comments in Kluwer Patent Blog, somebody has just pointed out the way in which the U.S. Patent and Trademark Office (USPTO) proudly boasts granting far too many patents, often overlooking or intentionally ignoring laws and caselaw, e.g. SCOTUS on Alice (35 U.S.C. ۤ 101). "The USPTO just issued its eleven millionth patent," said this comment, "its eleven millionth restraint of trade. Business at the EPO is confined to deciding whether to allow or cancel just another such restraint of trade, one of millions of the things."

We've recently relegated much of our patent coverage to Daily Links, where personal comments are added inline.

As far as we know, some of the worst censors at Kluwer Patent Blog no longer write there; there are other decent comments there with legitimate points being raised and regarding G 1/21, as below, it says:

With just over two weeks to go before the oral proceedings in G 1/21, it is somewhat surprising to note the complete absence in the public record of any indications that the EBA has, or will soon be, initiating proceedings under Art 24(4) EPC.

Indeed, this is quite astounding for a number of reasons.

Firstly, a party to the proceedings has (more than two weeks ago) raised formal objections under Art 24(3) EPC. This means that, under Art 24(4) EPC, the EBA has no option but to take a decision on the objections without the participation of the members concerned. Such an important decision cannot be taken lightly, or without seeking comments from the members concerned. Sorting all of this out takes time … which, if oral proceedings are to go ahead as planned, is now running very short.

Secondly, it is difficult (though sadly not impossible) to conceive that the EBA will concoct a reason to dismiss the objections against its current Chairman. Thus, a change in the composition of the EBA is likely and needs to be announced to the parties in advance of the oral proceedings.

Thirdly, objections to members of the EBA were first formally raised in an amicus filed (by epi) precisely a month ago today. The EBA has therefore had plenty of time to consider how it should go about dealing with the points raised in that amicus brief.

Lastly, it is possible that wheels are in motion behind the scenes, and that a decision on objections to certain members will issue very soon. However, if the first that the public learns of the EBA’s deliberation on the objections is their final decision, then, unless the slate is wiped clean (i.e. if all decisions taken by the current Chair are rescinded and proceedings in G 1/21 are re-started with a new composition of the EBA determined by a new Chair), this would hardly be the kind of transparency that would help to ensure that justice is seen to be done … especially when there are so many objectively well-founded reasons to doubt the independence and impartiality of the EBA in its current composition.


LightBlue responded with: "If any members of the EBA are going to consider the objection of partiality, I would expect that the external members would be the most likely candidates to do so. The question then arises as to what information is being disseminated to them. Are the formalities officers being kept on a short leash and only forwarding submissions which do not raise this issue?"

This is the case we currently deal with and the above is leading us more smoothly to Part 7 ("Calle's Strange Metamorphosis"), which we shall publish tomorrow morning or tonight.

Willy MinnoyeNotice the mention of two notorious former officials, Jacques Michel [1, 2, 3] and Willy Minnoye (we wrote about both several times over the years). They apparently still fail to see that the EPO making up the rules as it goes along isn't acceptable. Michel and Minnoye should be in retirement. They're still closely connected to the people who ruined (and sometimes still ruin) the institution, driving out the talent, lowering patent quality/legitimacy, and throwing 40 years of organisational reputation under the bus.

Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day