Bonum Certa Men Certa

No Patent Quality and No Independence for EPO Judges (Cautionary Tale About Patent Maximalists in UPC Rota)

Deposed as Chairman May 2021; Not how EPO was made



Summary: Europe's largest patent office continues to be "Shambles Defined" in terms of quality and in terms of justice; why doesn't the mainstream media raise awareness of this? (Likely political reasons and heavy lobbying, not to mention bribery of large publishers like the Financial Times)

THE EPO's staff union, SUEPO, has just highlighted this new article. "The EPO met again with in-house counsel who are concerned that patent quality standards are slipping in favour of speedy grants," says the introduction, but it's behind a paywall. Benoît Battistelli and António Campinos have done great damage to promote European software patents and inflate a bubble. A source has meanwhile shared with us the way patent attorneys leverage the "Hey Hi" (AI) hype to push software patents. Bastian Best sent a message yesterday, full of tracking inside the message, entitled "Software patents in Europe (presentation slides)" (he's shamelessly promoting such patents for 15+ years already). He says: "It's all about the technical contribution, but what exactly is "technical" at the European Patent Office? Is it "technical" when engineers solve hard industrial problems with AI?"



Totally meaningless junk. The rest speaks of "Statistics on AI patent filings in Europe". This also mentions "A checklist for structuring software patent claims" and "A checklist for structuring software patent claims"...

So the EPO has opened itself to such abuse, bolstered further by buzzwords.

Where do the Boards of Appeal stand on the matter? Well, they clearly have no independence or a mind of their own. Not anymore...

This happens to have been the subject of discussion in blog comments lately. "The damage has been done," the latest comment says. Right next to it we have this new rant about Calle Josefsson [1, 2, 3, 4, 5], the notorious judge who is a "yes man" of corrupt EPO managers. These people make a career out of sucking up to the most corrupt establishment. Prepare for Klaus Grabinsky, another opportunist who grabbed the chance to serve the abuses. Although there are plenty of comments there (we've archives most of them in IRC), some better than others, here's the latest one on "BREAKING: In-person proceedings are still the "Gold Standard" - Boards of Appeal start to diverge on ViCo (T 2432/19)" (post by IPKat): "A good question about objections under Article 24 EPC. Indeed, that question is highly pertinent to every petition for review that, at least in part, is based upon the imposition of VICO as the format for oral proceedings. And yet the President of the Boards has no problem appointing himself to the EBA in respect of such petitions. For example, see the composition of the EBA for R12/22, which has not changed since it was first set almost 1 year ago [...] Arguably, the participation of the President as a member of the EBA for cases concerning the validity and/or interpretation of Art 15a RPBA falls foul of Article 24(1) EPC. It is a shame that the EBA in G 1/21 failed to consider that point. However, given that the President was excluded under Article 24(3) EPC from EBA for G 1/21, there is no doubt that, for the same reasons, he MUST be excluded from all other cases concerning Art 15a RPBA. Any other outcome would cause (yet more) serious damage to the perception of independence of the EBA."

The European Patent Register is cited above. One can see that the patent microcosm itself is openly admitting that this system is out of control. Will they go a step further and suggest that the UPC would be a disaster for the EU's reputation unless it was stopped in its tracks? SUEPO ought to speak a lot more often against the UPC. FFII seems a little upset that SUEPO isn't doing enough in that area. The UPC is, among other things, a Trojan horse for software patents. The appointment of Grabinski is a shining clue to that effect.

Recent Techrights' Posts

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026