Bonum Certa Men Certa

The EPO in Violation of the EPC and Nobody Holds Anyone Accountable for Such Violations

Video download link | md5sum b8da83957e1ea46ad2b8acf1ec3f439f EPC Assassinated Creative Commons Attribution-No Derivative Works 4.0



Summary: Violations of the foundational document of the EPO have become so prevalent that one has to gasp and wonder if EPOnia is basically the EU's Kremlin (the dictators do anything they want, even in clear violation of the constitutions, with post hoc justifications and cover-up)

The Central Staff Committee (CSC) of the EPO has just circulated a latter dated yesterday, coming about 24 hours after the greenwashing of a likely illegal practice from Team Campinos. They bragged about not giving anything physical for a patent, as if this was about saving the planet or something, ignoring all sorts of laws as well as common sense.



Benoît Battistelli made violations of the EPC very routine (he also promoted European software patents using all sorts of lies, just as he did with the UPC), so why can't Team Campinos continue this tradition? Breton doesn't mind, so the EU is basically in their pockets. Illegality is being declared "legal" with no actual explanation or rationalisation.

To quote the CSC's message to EPO staff: "With the current implementation of the Patent Work Bench it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner and approved by all members of the division is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.

"It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the Patent Granting Process. It is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned.

"In this open letter, we therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC."

As promised when I recorded the above video (I always do the videos before any of the articles), we're converting the full text of the letter into simple HTML, which will be archived as text, then become richer plain text and GemText:

centralSTCOM@epo.org Reference: sc22025cl Date: 10.03.2022

European Patent Office | 80298 MUNICH | GERMANY Mr Steve Rowan Vice-President DG 1

By email

OPEN LETTER

Formal deficiencies in the fully electronic Patent Granting Process

Dear Mr Rowan,

Since 2020 the Office has developed, with impressive speed, tools to implement a fully electronic Patent Granting Process (PGP). One of the core tools to achieve this goal is the Patent Work Bench (PWB). The conversion to a fully electronic PGP must meet certain standards to be acceptable to both public and staff. We have concerns that the PWB currently fails to meet such standards, in particular as regards its compliance with the EPC.

Among other processes, PWB replaces the paper file flow within the Examining Division to authorise decisions to refuse an application, intentions to grant a patent, or summons to oral proceedings. The EPC requires that each of these actions be signed by all members of the division (Article 97(1) and (2) EPC, Rules 111 and 113 EPC).

However, the PWB is inadequate to meet the requirements of the EPC.

With the current implementation of the PWB it is for instance possible that an action (such as a decision to refuse an application under Article 97(2) EPC) sent by the first examiner of the division and approved by the second member and the chair is later amended by the first examiner without the amendment having to be approved by any other member of the division. Comparing this to the paper file flow, this is equivalent to the first examiner changing the text of the decision after all three members of the division have signed, without informing the other members of the division of the change.




It may become a serious issue for the reputation of the Office and the perceived integrity of its decisions in the PGP, should the public become aware of the unsatisfactory authorisation of electronic actions by the Examining Division. This situation is regrettable because it is easily possible – making use of proper digital signatures for all actions requiring the signatures of the members of the examining division – to provide legally sound proof of both the authenticity of the content of the signed documents as well as the identity of the undersigned, and to avoid embarrassing decisions and judgments (as, e.g., decision J16/17 or AT-ILO Judgments Nos. 1344 and 2417).

We therefore request the Office to swiftly develop a working solution for a truly electronic file flow that meets the requirements of the EPC.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee


It's too easy to lose count of the number of times (and ways) the EPO violates then EPC. Who will be held accountable for it? If nobody ever gets punished for it, why will that ever stop? Why does the world not sanction the EPO? Carte blanche for dictators and narcissists encourages them to do more of the same.

Recent Techrights' Posts

[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
 
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Sharing Code and Recipes
It helps explain the triviality of software freedom
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025