Bonum Certa Men Certa

The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)



Put It Somewhere Else Patrick: You take all these fake patents. Then make sure independent counts don't touch them.



Summary: Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug

ANY TIME European Patent Office (EPO) presidents promote software patents and demote/punish judges who can put an end to these illegal patents they merely reinforce the idea or the "perception" -- a word they habitually use -- of institutional lawlessness. President António Campinos is happy to crush perfectly legitimate challenges to President Battistelli's illegal attacks on judges, which likely render years of rulings legally invalid (remember what ILO-AT said about hundreds of cases involving disciplinary actions against EPO staff as well).



Jane Evenson and Ella Wells (CMS Cameron McKenna Nabarro Olswang LLP) have put in Lexology their new article about the "Revised Rules of Procedure of the European Patent Office Boards of Appeal, which are due to come into effect from 1 January 2020."

It's quite long, there's nothing new or exciting in there (we wrote about that countless/dozens of times before, stressing that nothing was done to restore independence), and it says:

The Rules of Procedure of the Boards of Appeal are the rules that govern the way appeals are conducted at the European Patent Office (EPO). The EPO has recently approved changes to these rules, which are due to come into effect from 1 January 2020. The new rules (known as "RPBA 2020") can be found here. The EPO has said that the aims of the revisions are to increase (i) efficiency, by reducing the number of issues to be treated, (ii) predictability for the parties, and (iii) harmonisation.

[...]

In addition to the changes listed below, a list of appeal hearings expected to be heard by each Board will now be published at the beginning of every working year, allowing parties to more effectively budget and plan for hearings.


How many hearings? With a backlog of 10,000+ cases (appeals) justice itself is clearly not a priority at the EPO, only mass-granting operations. And speaking of such operations, Bart van Wezenbeek has just highlighted this case of Bayer, highlighting the limits of oppositions as well (under pressure to hurriedly decide):

Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently been found.


So an actual court found a patent that even EPO oppositions had upheld to be likely invalid. Regardless of it, embargoes were attempted by Monsanto's owner with its notorious past. This is the kind of problem caused by EPO injustice -- a problem that isn't at all being addressed by EPO management. The avalanche will come one day.

Recent Techrights' Posts

'Stochastic Parrots' is a Good Description of a Passing Fad
We did several series explaining what they are and why they won't (or can't) work as advertised
An Important Goal Has Been Accomplished Already
Stubborn activists need to insist on a future where computer users actually control the computers they own
GNU/Linux up to 5% in Ireland, Not Counting Chromebooks
statCounter is an Irish
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
 
A Record Week and Another Historic Day Next Monday
7 days from now the sister site turns 20
What GAFAM-Funded Organisations Tell You About Mr. Pocock is Untrue
Pocock, like Julian Assange, isn't the bad guy here. But some powerful people want you to think that he is.
Mr Pocock for Midlands-North-West (Ireland)
Mr Pocock has been vilified by those whom he exposed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 02, 2024
IRC logs for Sunday, June 02, 2024
Egypt: GNU/Linux Exceeds 6%, Windows Down to All-Time Low of 5%
Not counting ChromeOS
Gemini Links 03/06/2024: Maturity and Tenstorrent
Links for the day
In the Month of May 2024 the OSI's Blog Was Almost 100% Microsoft Lobbying, Microsoft Staff, Microsoft Proprietary Software, and Microsoft Events
Entryism complete. RIP, OSI.
Gemini Links 02/06/2024: Delayed Disappointment
Links for the day
statCounter: GNU/Linux on More Than 1 in 5 Desktops/Laptops
Desktop Operating System Market Share Norway
Reminder: The First CEO of IBM (Owner of Red Hat) Was "Convicted on Extortion" (According to Edwin Black, Author of "IBM and the Holocaust")
Red Hat is not a liberal company
GNU/Linux Market Share in Turkey Now Exceeds 10%, According to StatCounter
StatCounter (or statCounter) shows considerable increases
GNU/Linux in Germany: The Seven Percent
The historical data shows that it wasn't always like this
Slovenia: Windows Becomes Minority Market Share This Month
It finally happened. Android is now measured as bigger than Windows.
statCounter: Bing Has Lost Market Share Since the Chatbot Hype, in Europe Yandex Nearly Exceeds Bing Now
Bing also had many layoffs (not that the media bothered covering that); we must debunk Microsoft's baseless claims and deliberate lies/hype
Microsoft Windows Falls Below 10% in Africa, Down to About 20% in Asia
The future isn't Windows
Taiwan Can Defend Its Autonomy Better by Avoiding Microsoft (Back Doors)
Maybe it's just a coincidence that GNU/Linux "took off" when Hong Kong lost its perceived independence from China
The War on Free Software Reporters - Part IV - Impersonation and Menacing Behaviour, Defamation Under One's Own Name
Such serial defamation (that went on for a very long time) is coordinated and relentless
Links 02/06/2024: Workers' Strikes and a Warming World
Links for the day
Microsoft Falls to All-Time Low of 25% in Operating Systems
If Android is counted, Windows is in trouble as it's down to all-time low of 25%
Steam Survey: GNU/Linux Up, But Canonical's Ubuntu Declining
big increases for GNU/Linux, Arch Linux gaining at Ubuntu's expense
Guardian Digital, Inc (linuxsecurity.com) Leveraging Microsoft Chatbots to SPAM for Microsoft (Googlebombing "Linux")?
Welcome to the Web in 2024. Search for "Linux" news, get Windows garbage.
Smallest Number of New Debian Developers in More Than 2 Years
Maybe Debian should recognise there's a problem instead of trying to censor - at humongous expense - those who speak about the problem
Slashdot's "Linux" Section is Reposting Press Releases for Red Hat
Is this being paid for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 01, 2024
IRC logs for Saturday, June 01, 2024
Links 01/06/2024: Microsoft Chaffbot Broken Out of Control
Links for the day
The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day