Bonum Certa Men Certa

Time for the Boards of Appeal to Host Their Own Files, Knowing That the Patent Office is Censoring Submissions From the Public

Video download link



Summary: For the appearance and practice of independence the Boards of Appeal must immediately take control of their systems as the EPO is tampering with evidence and removing (censoring) some of it to influence the outcome of the cases

THE video above was made before writing this article. It explains why we're comparing the situation at the EPO to what happened last year (and in late 2019) in Seattle. That serves as a cautionary tale.



"Just as police departments must comply with a FOIA request in the US (within reasonable limits based around sensibilities and safety), the EPO (Organisation) must inform the judges of stakeholders' input, thoughts, general information of interest, including any conflict of interest."Pardon us, dear readers, if the analogies aren't convenient, but they're worth entertaining. On the one hand we have a police department (supplying evidence to a court, where the accused decided to plead guilty); on the other hand, on the other side of the Atlantic, we have a European tribunal that's supposed to judge the largest patent office in Europe.

Just as police departments must comply with a FOIA request in the US (within reasonable limits based around sensibilities and safety), the EPO (Organisation) must inform the judges of stakeholders' input, thoughts, general information of interest, including any conflict of interest.

But now we know that the EPO has been manipulating what judges can see and what various concerned observers can view/digest.

This is appalling. This is a catastrophic disaster, albeit don't expect European media to even mention it.

"That was around 2019, well before the media caught up with things and thereafter blasted Gates (it was also in 2019 that his wife sought a divorce, largely due to her husband's connections with Epstein, whom he had repeatedly met behind her back)."To borrow the Seattle analogy, we requested police files about the arrest at Bill Gates' home -- files that were likely hosted on Microsoft servers and thus potentially subjected to tinkering, manipulation, and censorship by Microsoft (and its co-founder, Gates). The fact that it took them months just to open their own files (they tried and failed many times) does not bode well, does it? In fact, we wrote about this many times before and directly quoted the Police Department (PD) on it. In general terms, you cannot let the subject of investigation be in control of the investigative authority and its files. Think about it for a moment; why should it take several months for a PD to open its own files?

That was around 2019, well before the media caught up with things and thereafter blasted Gates (it was also in 2019 that his wife sought a divorce, largely due to her husband's connections with Epstein, whom he had repeatedly met behind her back).

As noted in the video, several readers wrote to us regarding the revelations from EPOnia. Some were outright astounded that it hadn't (yet) become a scandal.

"Do you find normal that the registry of the EBA ("the court") is hosted (and censored/filtered) by the EPO ("the administration")," one reader asked us. "A proper independent court should have its own registry of documents, notably to avoid censorship from the administration."

"It's not a solved issue and merely the edge of a massive iceberg that's the loss of judges' autonomy (lots and lots of patent judges)."Indeed, it's a very severe abuse of power and yet more evidence of the lack of independence.

The reader continued: "Do you have any proof that the submission has been censored?"

We have it now. "I am thinking about writing a submission," the reader added, but then asked, "is the period to submit comments still open?"

Expect more to come about this. It's not a solved issue and merely the edge of a massive iceberg that's the loss of judges' autonomy (lots and lots of patent judges). Yesterday, "Congressional Committee Calls On GAO To Investigate Whether Patent Office Director Is Putting Thumb On The Scale Of Patent Reviews" was published by TechDirt. Remember what Andrei Iancu did to the Patent Trial and Appeal Board (PTAB) in sight of inter partes reviews (IPRs) thwarting lots of patents that the U.S. Patent and Trademark Office (USPTO) should never have granted in the first place. Many were software patents, invalid under Alice/35 U.S.C. €§ 101.

In any event, we now have hard evidence of the censorship, which is a form of tampering. "Censorship of third party observations by EPO confirmed," one source told us, sharing this new pair of pages [PDF]. Here they are as a GIF:

G1-21 - TPO - 4 June 2021
G 1/21 - TPO - 4 June 2021



Notice the date.

"A new third party observation which was submitted on 4 June has appeared [PDF] in the public register for case no. G 1/21," the source told explained. "This new submission of 4 June draws the attention of the Enlarged Board to a recent judgment of the French Supreme Court. According to the person who made the submission, the French Supreme Court has ruled that hearings held by ViCo without the consent of a party are not compatible with the rights of citizens as guaranteed by the French Constitution."

It's also not compatible with a lot of other things. Each such hearing is held in violation if not contempt of the law.

"The fact that this submission is visible in the public register whereas the earlier submission of 1 June is not visible confirms earlier suspicions that the EPO is censoring the submission of 1 June," our source noted. "The submission of 1 June raises allegations of cronyism against Campinos and casts doubts on his motives for supporting mandatory hearings by ViCo (i.e. without the consent of the parties). EPO management clearly wants to prevent these allegations from becoming public knowledge."

"If the media doesn't cover this scandal, maybe that says a lot about the media, not about the severity of the scandal itself."Some EPO insiders wrote to us expressing complete agreement with the observation made therein. Campinos must be shivering in his boots sneakers. What if the whole subversion of justice was designed out of personal interest? Or convenience (for himself and his cronies)?

"Art10 of the RoP of the EBOA is a joke," one reader told us this morning, as "they can do whatever they want with the 3rd party submissions, including throwing them in the bin (not publishing them), like they probably did here."

Our reader then noted: "I would not be surprised if those rules are written by the EBOA itself, we have the same problem with the UPC where the ROP are made by this ad hoc committee they created in the treaty to make those 130 pages without any parliamentary involvement."

If the media doesn't cover this scandal, maybe that says a lot about the media, not about the severity of the scandal itself.

Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025