EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.15.15

Amid EPO Scandals, Call to Dissolve the EPO and Start All Over Again (With New Management and New Direction)

Posted in Europe, Patents at 7:40 pm by Dr. Roy Schestowitz

Benoît Battistelli

Summary: The European Patent Office (EPO) under the tyranny of Benoît Battistelli is losing credibility and lacking consent from European citizens, who are becoming better informed of the real motivations and the civil rights violations

IN this increasingly global patent system, where software patents in Europe are on the verge of becoming an undisputed reality, we must fight back to contain the out-of-control patent monopolies (protectionism) system. The EPO is now interfering with non-EU members too (even some in north Africa) and it is organising events in an effort to legitimise its activities, despite its disturbingly tyrannical nature. The sad thing is that the European Union is now moving closer to software patents, whereas in the US, the breeding ground of software patents, the highest court, having been wrestling some of with biggest cases like Bilski and Alice, finally got the US patent office to demote software patents.

“The EPO’s management is pushing hard for a sloppy process that devalues EU patents and enables bad actors to take advantage, potentially causing a lot of financial damage to law-abiding and honest actors.”We know from our sources that Benoît Battistelli and his cronies are truly desperate amid calls to demolish (or dissolve) the EPO and start all over again (this one call is from Dr. Glyn Moody, who is widely known across Europe for TPP opposition these days). Benoît Battistelli is trying to manufacture positive publicity even if by essentially bribing publications (a very unscientific thing to be doing).

Over the past few months we have shown how Boards of Appeal were being put in the firing line of Battistelli after he had abolished other independent mechanisms of overnight. Current and past Boards of Appeal members are fighting back, highlighting that fact that the European Patent Convention (EPC) is being violated by Battistelli.

Merpel’s series about the EPO carries on with preparatory post about “meeting of Board 28 and the future of the European Patent Office Boards of Appeal” and then some bits and pieces about the meeting, including the following important observations about the EPO:

Remaining with SUEPO for a moment, this moggy is aware that the union is concerned, as its recent release mentions, that the EPO is seeking to drive up productivity. There is a view that forced increases in productivity targets for patent examiners will inevitably lead to “bad” patents being granted. This moggy thinks any examiner, when required to deal with a case under pressure of time, would rather refuse a “good” patent than grant a “bad” one (to use the terminology employed by SUEPO). There is a danger in being pressed into refusing good patents: this is that the number of appeals will increase and that a truly independent Board of Appeal will not hesitate to send the case back to the examining division, irrespective of the latter’s productivity targets. However, reducing the independence of the Boards of Appeal inevitably makes them more sensitive to any political pressure not to push the output of a hasty and perhaps defective examination process back on the examiners; indeed, the Boards may face pressure themselves to dispose of their own cases with less detailed scrutiny. Accordingly any push by management to bring the Boards into line, if it works, should have a real pay-off in terms of getting everyone, willingly or not, onto the same message of increased productivity and clearing away any awkward oversight of examination standards.

There are some very interesting anonymous comments in there. The EPO’s management is pushing hard for a sloppy process that devalues EU patents and enables bad actors to take advantage, potentially causing a lot of financial damage to law-abiding and honest actors. This isn’t what Europe needs and since EPO is tied to all member states — with or without consent — a complaint should be made either as a petition or local action (National Delegations) by any EU citizen.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  2. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  3. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  4. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  5. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  6. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  7. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  8. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  9. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  10. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  11. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  12. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  13. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  14. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  15. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  16. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  17. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  18. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  19. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  20. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  21. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  22. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  23. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  24. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  25. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  26. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  27. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  28. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  29. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  30. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts