tag:blogger.com,1999:blog-5574479.post198493692512007933..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: Viennese waltz may be the last dance for Board membersVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-5574479.post-25162327416484492382015-10-15T16:33:05.240+01:002015-10-15T16:33:05.240+01:00A summary of the contributions to the user consult...A summary of the contributions to the user consultation on the structural reform of the Boards of Appeal is now available online ... epo.org -> wesite updates<br /><br />Any body missing their contributions? I bet.<br /><br />SurfBoard<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-79553508674726812732015-10-09T16:57:42.193+01:002015-10-09T16:57:42.193+01:00A DG3 asylum seeker says…
@Blatterinni
Nope, it...A DG3 asylum seeker says…<br /><br />@Blatterinni <br /><br />Nope, it will not be the empty Sijthoff building beside the EPO Shell building in Rijswijk (The hague), because the Rijswijk community council has recently decided that this is not an option for refugees from Munich. VP1 tried very hard to make this work and he felt really bad after that decision... <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18800886788655421612015-10-09T12:37:56.528+01:002015-10-09T12:37:56.528+01:00The Office spares no effort to save Staff from the...The Office spares no effort to save Staff from the Baddies of SUEPO:<br /><br /><br /><a rel="nofollow">http://postimg.org/gallery/1jtws5d46/</a><br />Respectfullynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1074286443296899412015-10-09T09:29:25.118+01:002015-10-09T09:29:25.118+01:00the President should go.
Perish the thought !
At...<br /><i> the President should go.</i><br /><br />Perish the thought !<br /><br /><b><i>At the name of Benoît<br /> SUEPO’s host doth flee;<br />On then, investigative soldiers,<br /> On to victory!<br />BoA’s foundations quiver<br /> At the shout of praise:<br />Brothers, lift your voices,<br /> Loud your anthems raise!<br /><br />Like a mighty army<br /> Moves the "apparatus" of BB:<br />Brothers, we march onwards<br /> Aided by "Immuniteeeeee";<br />We are not divided,<br /> All one Body we —<br />One in faith and Spirit,<br /> One in ENArchie !<br /><br />Crowns and thrones may perish,<br /> Kingdoms rise and wane;<br />But our mighty President<br /> Constant will remain.<br />SUEPO hordes can never<br /> ’Gainst his will prevail;<br />Staff has VP4 and VP5's promise,<br /> Which can never fail.</i></b><br /><br />Songs of Praisenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90032256288959217922015-10-09T08:00:25.687+01:002015-10-09T08:00:25.687+01:00The very moment that the AC overrules the decision...The very moment that the AC overrules the decision of the EBA, the decision will be leaked to the public and it will be the end of the trust of the public in the EPO.<br /><br />Btw, in the last years the President has consistently overruled every single decision made by the disciplinary boards.<br /><br />If the EBA issues a decision in favour of the member of the BOA and the AC accepts it, the President should go.<br /><br />Naturheilkundenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-32906762820373469882015-10-09T07:28:22.288+01:002015-10-09T07:28:22.288+01:00Last Tango
Before the Boards start a Viennese Wal...Last Tango <br />Before the Boards start a Viennese Walz, there might well be a last Tango to be danced at next week´s session of the AC, either by the Boards or the President.<br />Consistent rumours indicate that the dubious operation launched in December against a board member for alleged misconduct might turn out as a disaster for the President. He is said to be pressing the delegations to overule (!) a decision by the EBA which he considers wrong.<br />This is a very dramatic move because it now faces the AC delegations with their responsabilities: either they publicly denounce the President´s action and he is virtually dead, or it supports him and it is the end of the Boards of Appeal as an independent judicial authority.<br />Les paris sont ouverts. Rien ne va plus, as you say, Monsieur le Président.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37121713986837138982015-10-08T17:46:55.982+01:002015-10-08T17:46:55.982+01:00Can Rule extrapolate? What if BB's game is in...Can Rule extrapolate? What if BB's game is indeed to shift the patent revocation business out of the EPO in Munich and into the UPC in Paris? And what if, in engineering that shift, he is doing the bidding of Brussels. You know, have a real court to do the patent validity work in Europe, rather than a mere Patent Office.MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22378190446172577252015-10-08T17:33:25.227+01:002015-10-08T17:33:25.227+01:00Blattertini
Inside sources conveyed to me that th...Blattertini<br /><br />Inside sources conveyed to me that the boards are moved to a place called "Ryswick" or "Rysiwik" or so ... i couldn't find out where that is. They get a transparent building and a VW for free, regular software updates included.<br /><br />To come back to the beginning of this thread: ServRegs 53(1)a could be invoked, when the first memberstates cease to be party to the Convetion as they see coming that the party is in fact over, or at least realize they are not invited. NL could be first as the EPO rendered void the seat agreement unilaterally with CA/D 10/14, or did they not? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-54880654113797964322015-10-08T17:30:02.263+01:002015-10-08T17:30:02.263+01:00They quite explicitly pointed out that the point c...<i>They quite explicitly pointed out that the point could well come up in a real case concerning the status of Board of Appeal.</i><br /><br />By then BB will be safely retired so he hardly cares about that !Cynicalnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12895236900128278462015-10-08T17:13:11.248+01:002015-10-08T17:13:11.248+01:00Moving the boards to Vienna without a previous dip...Moving the boards to Vienna without a previous diplomatic conference would be outside the legal frame of the EPC and, as a consequence, further weaken the independence of the boards. As Sir Robin and the European judges observed in their letter concerning the house ban, threatening the judicial independence of the Boards of Appeal would “call in question the guarantee of an independent and impartial review of the European Office's decisions by a judicial body. Not tolerating that should be the common interest of all Member States of the European Patent Organisation.” They quite explicitly pointed out that the point could well come up in a real case concerning the status of Board of Appeal.<br /><br />Let´s hope that the members of the AC are wise enough not to put at risk the future of the EPO and of the unitary patent.<br />Rule of Law v. BBnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41275537106936931142015-10-08T16:33:06.896+01:002015-10-08T16:33:06.896+01:00
During his recent visit to Rome BB was only recei...<br />During his recent visit to Rome BB was only received by an Under Secretary of State.<br />Sadly, the Minister was not available ...<br /><br />https://www.epo.org/news-issues/news/2015/20150910.htmlPaolonoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-329142049380262002015-10-08T16:30:10.829+01:002015-10-08T16:30:10.829+01:00As H. Bosch noted, Art. 23(1) EPC has precedence o...<i> As H. Bosch noted, Art. 23(1) EPC has precedence over the service regulations.</i><br /><br />BB does not care a fig for Article 23(1) EPC.<br />He will soon show the Enlarged Board of Appeal their place.<br />They refused to submit voluntarily to his will.<br />They shall now learn the price of disobedience !<br />El ángel exterminadornoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-81654135007903965682015-10-08T14:35:41.392+01:002015-10-08T14:35:41.392+01:00Henri, thanks for your 11:58 comments.
Brussels w...Henri, thanks for your 11:58 comments.<br /><br />Brussels was all set to issue worthwhile auto emission controls until, at the very last minute, Angela Merkel got on the phone to the relevant EU Commissioner and acquainted him with the deeply-held wishes of the German auto industry. The controls went no further.<br /><br />Think of the notorious cases when DG3 has found a blockbuster patent (pharma, telecoms) invalid. Blown away, throughout Europe, in one fell swoop. What does that do to the blood pressure of the CEO of the patent owner? Who do they think they are, at the EPO, the Big Boss fumes. They should know their place, It is me, not some scrivening Patent Office jobsworth, who drives my business.<br /><br />Yes, other things being equal, BigCorp wants its patent applications through to issue. But are other things equal? If I were a CEO, I might be just as happy paying annuities to the EPO for ever, on tens of thousands of not yet examined WO publications, as long as I can quickly take through to issue and then enforce the ones it turns out I need quickly, to stamp on a troublesome upstart. In fact, for bringing the upstart to a settlement, it might even suit me better that my ten thousand WO publications have not yet come under the blowtorch of substantive examination at the EPO. I can say to the upstart's legal advisers: read the claims of all those WO publications and imagine what I'm going to do to you when I get them all to issue. <br /><br />So Henri, what say you to that? I'm looking for an explanation why those serving on the AC are so craven. I'm sceptical it is because BB is paying for private dental treatment in Munich, or for slap-up dinners. I think they are followiing the line given them by their ministers. So why do their ministers behave like that? Because they are under somebody's thumb or because the EPO is not important enough to appear on their radar screens?MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-6706120127194606192015-10-08T14:26:43.592+01:002015-10-08T14:26:43.592+01:00Meldrew, nope, just a minor talent for making very...Meldrew, nope, just a minor talent for making very bad rhymes very quickly.<br /><br />Prague would be an unfortunate choice. A defenestration of the Board in Munich strikes no particular chord, but one in Prague started off a minor skirmish some time back. Lulubelle H. MacTavishnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31441803985788227762015-10-08T14:10:39.886+01:002015-10-08T14:10:39.886+01:00As H. Bosch noted, Art. 23(1) EPC has precedence o...As H. Bosch noted, Art. 23(1) EPC has precedence over the service regulations.<br /><br />It is difficult to imagine that the EBA would propose dismissal of a member refusing to be permanently transferred to Austria, given that the EPC does not allow the boards to be located in Vienna.<br /><br />I suppose reappointment of members could be made conditional on a transfer to Vienna. That would give a 5-year transitional period in which many boards might hardly be functional.<br /><br />But that would not solve the problem of the illegality of the boards operating in Vienna. The question whether it is legal to hold oral proceedings in Vienna (or do any appeal work there at all) will be put before the boards and it is hardly conceivable that the boards will defer to the president and ignore the EPC.<br /><br />BB does not care about such subtleties and the AC does not care full stop, so the relocation exercise is going to be another nail in the coffin of the European patent system.nailnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-87306981227103464892015-10-08T14:09:36.555+01:002015-10-08T14:09:36.555+01:00Lulubelle H. MacTavush clearly has plenty of time ...Lulubelle H. MacTavush clearly has plenty of time to spare: and on National Poetry Day their comment is timely. <br /><br /><br />But in the spirit of conspiracy theory I ask whether the pastiche of Bohemian Rhapsody is a hint that a move to Prague is in prospect.Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-51050980953063315702015-10-08T13:24:29.460+01:002015-10-08T13:24:29.460+01:00I think that readers should keep in mind that it i...I think that readers should keep in mind that it is not just President Putin who has a hit squad of anonymous blog spoilers busy countering postings adverse to the presidential line. Why? Bbecause it works!<br /><br />So, take every posting here (including mine, of course) with a large pinch of salt and ask yourself "What's his Agenda? Why is he saying that?". A large dollop of intelligent scepticism is called for. MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-57135776456504355992015-10-08T13:06:58.852+01:002015-10-08T13:06:58.852+01:00FormerEx does seem rather out of touch. If he or s...FormerEx does seem rather out of touch. If he or she cares to check, he or she will spot that the kats all have very demanding day jobs but give generously of their own time to promote news of ip matters. <br /><br />If you don't like it, why not shove off to another blog or start your own and see if you can do better?katlovernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72952179974452921552015-10-08T12:59:55.946+01:002015-10-08T12:59:55.946+01:00@MaxDrei, 11:58:00:
You may be right about your c...@MaxDrei, 11:58:00:<br /><br />You may be right about your chain of command, with CEO's (almost) at the top of the chain of command. And we have TTIP in preparation to confirm.<br /><br />Yet, I cannot imagine this is the background of this game. <br />Multinational companies want to have their patents granted. That can be resolved by working the examining division. The patent will be granted without too much issues and appeal is never an option.<br /><br />So in my opinion, it is a game only between BB and the Board members. The AC never was a problem (or was it? some members, perhaps...). And the highly respected members of national judicial institutes have spoken out clearly for the just case. Some time ago - and I have not seen communications from their addresses anymore for a long time. Have they gone underground or did they give up. I do hope it is the first option.<br /><br />Because if they have given up, indeed, it is open season for the Board and BB will have Board members for breakfast, lunch, dinner and desert.Henri le Sagenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15227927927298712332015-10-08T12:54:22.056+01:002015-10-08T12:54:22.056+01:00Reykjavik ain't good enough.
French Guyana wo...Reykjavik ain't good enough.<br /><br />French Guyana would be a far better candidate:<br /><br />1) It's in France;<br /><br />2) it has adequate <a href="https://en.wikipedia.org/wiki/Devil's_Island" rel="nofollow">facilities</a> currently standing idle; <br /><br />3) and the air fare and malaria shots will dissuade anyone except fools from requesting or attending oral proceedings.<br />Wagnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13708434105627974232015-10-08T12:50:51.456+01:002015-10-08T12:50:51.456+01:00Is this the real life?
Is this just fantasy?
Is ca...Is this the real life?<br />Is this just fantasy?<br />Is causing landslides<br />My escape from reality?<br />Open your eyes<br />look how things lie and see<br /><br />I'm just a rich boy, I need some sympathy<br />Because I’ve big income, like it so<br />So the Boards had to go<br />That’s the way the wind blows, long as they are far away from me,<br />from me<br /><br />Mama, just moved the Boards<br />Put a gun against their head<br />Said you move,or else you’re dead<br />Mama, life has just begun<br />Because I’ve gone and moved those salauds all away<br />Mama, oo-o-o-o-oo<br />Didn't care if they did cry<br />Means I don’t have to look at them tomorrow<br />They’ll no doubt carry on, doesn’t really matter<br /><br />Too late, their time has come<br />Sends shivers down my spine<br />Full of pleasure quite divine<br />Goodbye, all you Board folk – you just had to go<br />Gotta go away from here and face the truth<br />Namely, I am le Chef - (that’s the way the wind blows)<br />The local Grande Fromage<br />I sometimes wish you’d never been there at all...<br /><br />I see a little silhouetto of a Board Far away, disarray, never more shall we tangle Wiener Valse and Strudel, reduced to my poodles, oui! Hallelujah, hallelujah Hallelujah, hallelujah Hallelu-go figure, oh, Magnifico-o-o-o-o Je suis le Grand Chef, all AC loves me (Il est le Grand Chef, de la ville de Louis L’État, c’est lui, la loi ce qu’il écrit!) Easy come, easy go, Boards just had to go Won’t miss them, no! So glad to see them go – let them go! Won’t miss them, no! So glad to see them go – let them go! Won’t miss them, no! So glad to see them go – let them go! Glad to see them go! Glad to see them go! Ho, ho, ho, ho,ho, ho, ho Tous ces cochons, rapid fashion, without passion let them go They tried too hard to be independent folk from me, from me from meeeeeeeeee<br /><br />So you thought you’d ignore me and spit in my eye<br />You could be independent and thus me defy?<br />Oh, baby - can't do this to me, baby<br />You just gotta get out - just gotta get right outta here<br /><br />You don’t really matter<br />Anyone can see<br />You don’t really matter<br />Only thing that matters...<br />Is meeee<br /><br />(That’s the way the wind blows)<br />Lulubelle H. MacTavushnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-25107618823078448062015-10-08T12:29:17.718+01:002015-10-08T12:29:17.718+01:00This site is farcical. The kats should get a day j...This site is farcical. The kats should get a day job, or join and evening knitting class.FormerEx.noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-32495411038524606622015-10-08T12:21:19.943+01:002015-10-08T12:21:19.943+01:00I think A23(1) EPC trumps the service regulations ...I think A23(1) EPC trumps the service regulations though.<br /><br />Write H. BoschAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20541084428114185452015-10-08T11:58:29.330+01:002015-10-08T11:58:29.330+01:00We are asked to suppose that the reason for requir...We are asked to suppose that the reason for requiring the judges of DG3 to move to Vienna or face the sack is:<br /><br />"...showing this group of ungrateful judges who's really the boss, who's in control of their careers"<br /><br />At first sight, it seems ridiculous, that the AC can allow the President to behave like this, and destroy the fount of the highly respected and intellectually sound and coherent jurisprudence on the substantive law of validity of patents in Europe. But is it? <br /><br />Elsewhere in the blogosphere, we read that what suits the power users of the patent system, in their struggles to hold down the upstarts of this world, is legal UNcertainty. The judges of DG3 have upset not only the ego of the EPO President but also the egos of quite a few CEO's of giant corporations. There are no Champions of the EPO amongst their ranks. These CEO's (it is thought that many of them are in fact sociopaths) are the masters of the universe whose minions and lobbyists explain to ministers in national governments where their duty lies. Ist so. And these governments in turn explain to their delegates on the EPO's AC how to vote. In being responsive to the minions and lobbyists, BB is only doing the bidding of his masters. Ist so.<br /><br />But what of the public? Is legal uncertainty good for it? Is a coherent pan-European body of caselaw on patent validity a Good Thing for the public? <br /><br />Remember "What's good for GM is good for America"? When it comes to patent law, is "What's good for VW" (for example) good for Europe?<br /><br /><br /><br />MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-63595181428746383102015-10-08T11:56:45.029+01:002015-10-08T11:56:45.029+01:00Reykjavik? I would have thought he might send the...Reykjavik? I would have thought he might send them to Coventry.SMRnoreply@blogger.com