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● 05.25.20

●● The Attitude of António Campinos Toward Courts and Toward Justice Same as Benoît Battistelli’s

Posted in Europe, Law, Patents at 6:45 am by Dr. Roy Schestowitz

Summary: 6 years down the road we’re still dealing with unaccountable tyrants who laugh at the law, laugh at lawmakers and disregard law enforcers (like the Trump regime across the Atlantic)

“If you’re seeking #patent protection in one or more EPO member states,” the European Patent Office (EPO) wrote this morning, “you can choose either to follow the national procedure in each or to take the European route, which confers protection in all the member states in a single procedure.”

=> ↺ EPO | ↺ wrote this morning

They give the false impression that the UPC exists; what procedure do they speak of exactly? If you want to sue a company with a single procedure, than it’s done one state at a time. You would then need to validate in individual states and sue in each one individually, so no wonder European Patents are mostly of Germany and non-European countries (hardly a European system, except in name).

=> mostly of Germany and non-European countries

Suffice to say, António Campinos kept lying about the UPC, which Benoît Battistelli hoped to be the head of, enshrining software patents in Europe as “legal” in clear and direct violation of the EPC (like today’s USPTO casually ignores Alice/35 U.S.C. § 101).

=> ↺ António Campinos | ↺ Benoît Battistelli | ↺ software patents in Europe | ↺ USPTO

“How can a patent office lecture us on patent law and the need to obey authority when it not only breaks the law all the time but also laughs out at law enforcers?”But this is the kind of mentality that doomed the UPC; all that lying and the attacks on judges (or people attempting to uphold the EPC) backfired spectacularly. The EPO lapdog known as the “AC” was far too subservient; it’s like it became a branch or an extension of the Office, which is totally not acceptable. Notice how in direct violation of the law, exploiting the COVID-19 crisis/emergency, the Office outsourced the legal processes to Microsoft. Just over a week ago we were once again also reminded that the judges exiled to Haar lack their independence from the Office and “Kant” responded to “MaxDrei” (comment appeared this morning) to say:

=> in direct violation of the law | ↺ “Kant” responded to “MaxDrei” (comment appeared this morning)

In another place MaxDrei wrote: “So let’s zoom in on the notion of the separation of powers between the legislative, judicative and executive branches of government. The EPC’s EPO is not the legislative branch. It should confine itself to the other two pillars of the Rule of Law, right?”

The problem arises is that the AC can only amend A53(b) under A33(1)(b) by a unanimous vote, which is not required for a rule change. If the AC by means of a change of the rules is also empowered to amend the articles, this is contradictory to the wishes of the contracting states as expressed by the EPC.

So here we are more than half a decade since Battistelli imposed an illegal “house ban” on Judge Corcoran and nothing is changing, except all the judges are collectively punished and now reside or work somewhere in Haar (or home). Maybe they even do all their work over Microsoft webstreams, again in violation of the underlying rules, which the EPO is happy to simply ignore.

“The patent barons insist that patent monopolies must carry on flowing, even if they’re granted by people with pyjamas at home.”How can a patent office lecture us on patent law and the need to obey authority when it not only breaks the law all the time but also laughs out at law enforcers? What a totally bizarre institution the EPO has become; with billions in its coffers (it’s not supposed to have that money!) instead of giving staff a paid leave amid unprecedented global crisis it forces them to work at the same pace from home with kids around them and insuffifient access to necessary equipment. The patent barons insist that patent monopolies must carry on flowing, even if they’re granted by people with pyjamas at home. █

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