Bonum Certa Men Certa

The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

A space suit
The 'suits' who run Europe's second-largest institution hate science and law; all they understand is money and power



Summary: In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)

LATELY we've covered the lies from IAM and the severe patent quality (hence invalidity) issues at the EPO, as explained by the EPO's very own patent examiners.



Benoît Battistelli and António Campinos have been pampering Joff Wild and his fellow PR operatives (advertising company disguised as "news" site). So the public isn't supposed to know what's really going on and the Administrative Council will likely just pat itself on the back/shoulder, based on poor-quality misinformation in very large quantities.

"Who does the EPO actually work for?"In a newly-circulated communication, the CSC (elected staff representation basically) shares an item on "interferences in competencies of Divisions" (targeting the Committee on Patent Law or PLC). In its own words:

The Committee on Patent Law (PLC) shall advise the Administrative Council inter alia on any legal matters concerning a revision of the European Patent Convention (EPC) and on matters concerning the harmonisation of national law in the Contracting States relating to the implementation of the EPC. The 53rd meeting of this Council body took place on 24 November 2021. The Staff Committee informed the PLC about possible consequences arising from Judgment No. 4417 issued by the Administrative Tribunal of the International Labour Organization.

The Tribunal held that decisions taken by the President with respect to the law and/or procedures applicable to patent applications are not appealable by affected examiners. In the underlying case, the competent Examining Division apparently had taken the decision to refuse a patent application. The director, however, ordered the entrusted Examiner of the Division to issue a communication under Article 94(3) EPC. The Tribunal did not examine whether said order was lawful but simply declined jurisdiction because it allegedly concerned a decision with respect to patent procedures.

Examiners can thus not approach the Tribunal about potentially unlawful interferences in their competencies as members of Divisions. Nor can they appeal before the Boards of Appeal. In conclusion, examiners have no means of legal redress against potentially unlawful orders given by someone from management outside a Division to one or all of its members.

Therefore, one may also question whether decisions in examination and opposition proceedings are always taken by the competent body as foreseen in the EPC. As this affects not only the work of examiners but possibly national invalidity proceedings as well, the Staff Committee referred in its intervention in detail to the possible legal gap and the associated potential of violations of the law. The electronic tools currently used in examination and opposition proceedings make the situation even worse, since for example authentication of communications and decisions hardly meet the standards usually foreseen in Europe. Furthermore, the tools do not guarantee the confidentiality of the debate within a Division.


Here is the accompanying document about an intervention dated a fortnight ago:



53rd PLC, 24.11.2021

Manuscript for the intervention of the Staff Representation under point any other business

Staff representation has the duty to make the PLC aware of a possible legal gap affecting examiners carrying out their duties as members of examining and opposition Divisions and which might have a bearing on the validity of EPO patents.

In a recent Judgment of the Administrative Tribunal of the ILO, Judgement No. 4417, the Tribunal held that decisions taken by the President with respect to the law and/or procedures applicable to patent applications are not appealable by affected examiners as they do not adversely affect staff members.

This is particularly remarkable since Judgment No. 4417 relates to a case, where the competent examining Division apparently had taken the decision to refuse a patent application. However, the director ordered the entrusted Examiner of the Division to issue a communication under Article 94(3) EPC instead, which eventually has been sent to the applicant.

The Staff Representation takes the view that such interferences in the Examining Divisions’ decisions amounts to a violation of several Articles of the EPC, inter alia Articles 15, 18, 94 and 97 EPC and, since the communication under Article 94(3) EPC presumably was sent for the examining Division and with the entrusted Examiner’s seal, also Rule 113(1) EPC.

Concerning the use of the Divisions’ seal the EPO Boards of Appeal decision J 16/17 may be cited wherein the Board found that Rule 113(1) EPC, according to which decisions from the European Patent Office must be signed by and state the name of the employee responsible, is not just a mere formality but an essential procedural step in the decision-taking process since the name and the signature serve to identify the decision's authors and express that they unconditionally assume responsibility for its content. This is to prevent arbitrariness and abuse and to ensure that the competent body has taken the decision. The Boards of Appeal furthermore ruled that any violation of the requirement pursuant to Rule 113(1) EPC amounts to a substantial procedural violation and renders the decision erroneous.

Unfortunately the Administrative Tribunal did not examine at all whether the order of the director was lawful but, as already mentioned, simply declined jurisdiction as it allegedly concerned a decision with respect to patent procedures.

On the other hand the Boards of Appeal are not competent to examine such cases, too.

As a result it appears that neither the Tribunal nor the Boards of Appeal can be called by examiners in such cases to examine whether unlawful interferences have taken place or unlawful orders have been given to Divisions’ members.

In conclusion examiners have no means of legal redress against unlawful orders given by somebody from management outside the examining or opposition Division to one or all of a Division’s members concerning patent procedures. Moreover, examiners even have to accept that their signature is misused and that the public as well as the patent applicants can be misled about the decisions’ authors.

It is noted, that the case dealt with in Judgment No. 4417 is not the only case of interferences with Divisions’ responsibilities and orders to Divisions, which Staff Representation is aware of.

With the electronic tools nowadays used in the examination and opposition proceedings the situation has become even worse since it is questionable whether the minimum standards usually foreseen in Europe for electronic authentication and signature are met.

It can therefore at present not be ensured that decisions in examination and opposition proceedings are always taken by the competent body. This not only affects the working conditions of the examiners but might also have a bearing in national invalidity proceedings.

In order to close the legal gap outlined here and to protect the Organisation’s far reaching immunity from national law, Staff Representation urges the Patent Law Committee

- to review the situation, - to ensure that the patent applicants and the public are transparently informed about the examination and opposition proceedings, in particular about all persons involved in each step of the patent granting procedure, as well as about all internal instructions and influences on the Divisions’ decisions, - and to ensure that there is independent jurisdiction available for examiners if they consider an interference with the responsibilities of the Divisions or a specific order to members of a Division being unlawful.


Tribunals at the EPO have long failed to function, but media controlled by patent litigation firms won't speak about it because their business depends on perpetuating the status quo instead of correcting injustices. Moreover, "the tools do not guarantee the confidentiality of the debate within a Division," the CSC says. Yes, well... confidentiality issues go much futher; Microsoft and the US government see everything, including data and interactions between Asia and Europe. Instead of tackling the issue, the Administrative Council worked hard to cover this up a few months ago (in summer and again again in autumn). Who does the EPO actually work for? ⬆

Recent Techrights' Posts

Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
 
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026