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

12.04.15

EurActiv’s Puff Piece for EPO (Amid High-Budget Media Blitz) Reveals Just How Clueless and Tactless the EPO’s President Really is

Posted in Apple, Deception, Europe, Patents at 6:40 am by Dr. Roy Schestowitz

EurActiv logoSummary: A bunch of EPO puff pieces served through the Web this week, and they don’t stand up to basic scrutiny based on facts

ALTHOUGH Wikipedia calls EurActiv “independent”, we oftentimes wonder why it promotes corporate interests and all sorts of villainous ‘trade’ deals. Over the years it has also been a platform for Microsoft lobbyists in Europe. In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.

“In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.”Yesterday we noticed this article (puff piece, EPO-sponsored?) from EurActiv, complete with softball questions for Battistelli, almost staged. Why not just make it a “guest post” of Battistelli, as if he was a journalist using this platform? Questions include loaded ones like: “Will the first unitary patents be granted in 2016?”

Well, UPC is not even a reality yet. Talk about jumping the gun…

The title of the piece is click-bait (probably for more hits/traffic) and a response to it has just been posted in IP Kat, saying:

Have you seen this?

Battistelli: Many Apple patents would not have been granted in Europe

In response to a question regarding “patent war” litigation between tech companies such as Samsung (a closer-contact-with-major-applicants-pilot-project member) and Apple (NOT a closer-contact-with-major-applicants-pilot-project member), Battistelli states that the reason this ‘patent war’ is “happening mainly in the US and not Europe” is “because there are many patents in the US granted to Apple which would have not been granted in Europe because we are more rigorous and more selective than in the US. In my [Battistelli's] view, this ‘patent war’ is largely due to dysfunction of the US system.”

What a remarkable statement!

Battistelli manages – in fewer than 50 words – to appear not only to defame Apple’s patent portfolio, but also manages to pooh-pooh the US system as “dysfunctional”!

I guess Battistelli doesn’t remember that the infamous “slide to unlock” patent (EP1964022) was granted by the EPO, and only later invalidated by the German Bundesgerichtshof…
(http://ipkitten.blogspot.fr/2015/09/apples-european-slide-to-unlock-patent.html)

He probably also doesn’t recall that the reason the Apple-Samsung ‘patent war’ is fought mainly in the US is because Apple and Samsung have agreed to end all patent lawsuits outside the US between themselves.

I wonder if Battistelli would be willing to identify individual Apple patents granted in the US that would-not-be or were-not granted in Europe?

How should Apple feel about such statements..?
How should Apple investors feel about such statements?

We too were surprised that Battistelli can pretend Apple is in no way abusive in Europe (we wrote a lot about it). Has he lived up a tree for the past 3-4 years? Is he willfully misleading or just misinformed? We don’t know what’s worse…

“The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO.”The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO. We kindly ask readers to recall that the EPO is 'planting' puff pieces in the media and spends obscene amounts of money doing so right now (newly-leaked contract), so we can only make guesses about EurActiv‘s motivations. We are seeing some other pro-UPC pieces right now, in lawyers’ Web sites (no mainstream reach though). One of them has just parroted the EPO: “According to a publication on the website of the European Patent Office (www.epo.org), significant progress has recently been made towards the unitary patent. The Select Committee, which was set up by the original 25 member states participating in the unitary patent, has agreed on the distribution of income generated by the payment of the uniform renewal fees to the European Patent Office (EPO).”

We don’t know what motivated the writers to just repeat the EPO’s claims. The EPO has a very poor record on accuracy and honesty. Remember what it told The Register earlier this week about freedom of the press. It was almost hilarious.

Meanwhile, the EPO-sponsored bloggers from IAM are shaming Germany into accepting the EPO’s ambition of making UPC a reality (more injunctions, damages, patent scope), but this does not exactly surprise us. We have come to expect this from IAM, which has written virtually nothing about EPO scandals (lies by omission). It mostly did ‘damage control’ for the EPO amid these scandals.

“The EPO has a very poor record on accuracy and honesty.”Looking at IP Kat for a moment, one new article speaks about a new topic and states that “The Technical Board wanted to know whether a notice of appeal that was filed after the time limit according to art. 108 EPC was to be deemed inadmissibleor not filed (note that this question is different from the one in G2/14, where the notice was filed timely, but the fee was paid late. G2/14 was terminated because the patent in question lapsed for non-payment of the annual fee).”

Another new article speaks about the big scandal regarding discriminatory treatment of applicants. “Merpel is also a bit annoyed,” she said, “because she has heard of European attorneys being asked about the new PACE provisions by applicants in Japan, who apparently heard it from visiting Examiners well before this announcement. Merpel is not against Examiners visiting applicants, but it is unhelpful to say the least to announce changes to users of the European patent system who require representation without representatives having been given the chance to inform themselves.”

Well, imagine what would happen if everyone applied for PACE. This whole system is a sham. It’s designed to eliminate patent neutrality while maintaining the illusion that it doesn’t.

Watch this new comment that says: “Not only letters to applicants are changed.

“Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills.”“I was involved in a case where the division had decided to grant, and all members had signed. The director went to the second examiner and the chairman and stated that he did not agree, and that they should have consideration for their staff reports.

“He then went to the entrusted examiner and said that the grant would not go out and a refusal should be written.

“When the first examiner went to consult with the other two members they said that the director had already been to see them and please do the refusal (obviously in fear of reprisals).

“So what does the poor first examiner do? Write a refusal (keeping the original signed and dated grant, since Mr. Director was swiftly before pension and the examiner feared a rebuke from DG3 if the file would be appealed). Yes, strange happenings in EPONIA.”

Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills. Do these people wonder why even politicians took an interest in this wasteful media manipulation?

The protest in Munich is going on right now. We hope to find some press coverage about it as early as Monday, if not in Sunday newspapers (Germany has several of those).

Colonel Battistelli must be feeling like there’s a dire need to brainwash his staff right now.

“Religion is what keeps the poor from murdering the rich.”

Napoleon Bonaparte

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. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  2. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  3. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  4. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  5. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  6. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  7. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  8. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  9. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  10. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  11. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  12. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  13. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  14. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  15. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  16. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions



  17. IRC Proceedings: Monday, November 11, 2019

    IRC logs for Monday, November 11, 2019



  18. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  19. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  20. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  21. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  22. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  23. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  24. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  25. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)



  26. IRC Proceedings: Saturday, November 09, 2019

    IRC logs for Saturday, November 09, 2019



  27. Thick Skin Makes Strong Communities

    Learning to coexist with people who don't agree on everything is a strength and successful societies encourage that (the alternative is blind conformity on all matters)



  28. Training (Proprietary Software) Versus Teaching (Free Software)

    Education necessitates software freedom — a fact that companies like Adobe, Apple and Microsoft try hard to distract from



  29. The Linux Foundation Brought as Keynote Speakers People Vastly Worse Than Those Whom It Now 'Cancels' for Purely Political Reasons

    A lot of people are very upset about the Linux Foundation's alleged 'witch-hunt' and even press coverage has caught up with the outrage; but our position is that it distracts from vastly bigger Linux Foundation scandals



  30. An Open Letter to Richard Stallman

    "It's past the time for the official cornerstones of the Free software movement to return to their full operational capacity, and to take the gear out of neutral."


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

Recent Posts