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

01.17.16

Unitary Patent (UPC) Highlights Reality Behind the EPO’s Management and Its Multinational/Overseas Bosses

Posted in Europe, Patents at 1:13 pm by Dr. Roy Schestowitz

The Banana Republic which is Eponia best illustrated as follows…

Reunión of Pinochet and Kissinger
Source: Archivo General Histórico del (Ministerio de Relaciones Exteriores de Chile)

Summary: A survey of news about the Unitary Patent Court, the driving forces behind it, and who will actually benefit from it if/when it becomes a reality

THE EPO is not a European body but an international organisation above European law — one that may even break international law as long as it feels immune enough from local law enforcement (whatever the locality might be). Over the years I was approached by whistleblowers who had suffered reprisal for purely political reasons. One of them was from the UN. I saw in her a lot of what I see now in Elizabeth Hardon. She angered the ‘wrong’ people by daring to help expose their abuses. She was in for a surprise. The legal system was not present (except show trials); there was lawlessness everyone and it took a considerable toll on physical health, mental health, etc. Public perception around international organisations needs to change because these organisations are often assumed to be benevolent by virtue of having no borders or loyalty to one particular nation/ethnicity/religion. What many people easily overlook is the inclination of such organisations to serve power, or class. This can mean lenience or favouritism for large international corporations, too. Plutocrats live a life void of fear from the courts and they travel without borders (many have their private jets). They exercise power and coerce international bodies, where the currency (not a commodity) is power. That’s just an essential point that EPO employees sooner or later learn from experience. The I.L.O. is far too slow (and thus weak) to protect them. Protecting the weak from the powerful isn’t quite the goal because such systems were put in place by the powerful. Those who speak truth to power should watch out, or else they’re end up hiding in some embassy in London or somewhere in Moscow.

“It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.”The madman who now runs the EPO, Mr. Battistelli, has just been mentioned by the press in Korea, which was used as an excuse to provide inexcusable favouritism to large multinational corporations such as Microsoft. We’ve heard that south America is next on Battistelli’s itinerary. Eduardo, who provides Techrights and equips us with all the Spanish translations, originally came from south America and he is not happy about Battistelli going there. “Once you mentioned,” he said, that “this guy will go to Chile to visit Augusto Pinochet’s grave.”

Well, all we know is that Battistelli will go to south America, based on an online source. It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.

“I did remember something my great uncle regarding a military dictator,” Eduardo added, “who expropriated a lot of lands to our family. I will apply it to Pinoccio Battistelli: ‘I hope when he dies they will make a coffin in the shape of a (soccer) football. So we can take it to the cemetery by kicking it all the way to it’” (it’s a crude joke, no doubt, but a lot of people are now very angry at Battistelli, even people outside the EPO).

Last month we wrote about James Nurton giving Battistelli a platform at a patent lawyers’ site. He said that Battistelli had answered all the questions passed to him, but he excluded the question that I asked his publisher to ask. Nice bias by omission there. The interview that James Nurton did with Battistelli (probably subjected to strict rules and conditions imposed by the aggressive PR team) was filled with UPC promotion, despite the fact that the UPC is not yet a reality and might never become a reality. Here is Nurton again with “Some practical questions about the UPC” (more like talking points in favour of the UPC and self-fulfilling prophecies).

“He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them.”
      –Anonymous
“As the clock ticks down to the launch of the Unified Patent Court,” Nurton wrote, “interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe” (people are already applying for such jobs in the UK, as we recently learned, even though the large majority of such jobs would be in Germany).

Nurton’s piece is totally void of any criticism of the UPC. He is speaking to patent lawyers, not Europeans (more than 99% of them are not patent lawyers) to whom the UPC brings nothing but harm.

As one comment put it today, “most attorneys are not at all in favour of the Unitary Patent.” To quote this in context (the EPO scandals):

Somebody further up asked why Merpel in particular and attorneys in general should worry about a case which appears to deal with disgruntled trade union members?

Well, do you really think somebody who respects his employees so little and treats them with such a contempt for legality would be anymore lawabiding when it comes to his clients.

He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them. But indeed, most attorneys are not at all in favour of the Unitary Patent. They won’t be treated any better when it turns out there is a conflict of interest between huge overseas multinationals and local economic entities.

Indeed, the biggest beneficiaries here are big multinationals. A company like Apple is said to have estimated that a lawsuit in the whole of Europe (e.g. banning Android devices in the whole continent over a petty patent dispute) would cost ‘just’ $1 million under the UPC. Does that sound like something that can help poor European SMEs? Total poppycock.

The FFII’s President, Benjamin Henrion, says that he is “Sick in bed reading UKIPO long PDFs over Unitary Patent ratification, have a hard time to understand their software exception” (software patents).

“It’s not because of the sickness,” I told him, “it’s vague and confusing (as such) by intention and design.” This way he’ll need to hire a lawyer for about 400 euros per hour.

“The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”
      –UK-IPO
Is the British UK-IPO becoming more like a vassal of the Battistelli regime? Seems so. “Government Response to Technical Review of UPC implementing legislation published today,” they wrote on Friday, having published “Secondary Legislation Implementing the Unified Patent Court”.

To quote the page (not the PDFs): “This government response gives a full analysis of responses to the Technical Review and Call for Evidence and outlines the direction that government will be taking. The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”

UK-IPO, says Henrion, “mentions the average legal cost for a dispute over an UPC patent will be 1M pounds” (he aptly labels this “SME killer”).

He has asked UK-IPO, “what is this software exception in UK law?” He later added that “this would imply that software patents exist in the first place.” They obviously should not. For all we know, the UK-IPO is not even responding. UK-IPO never responded to me. They’re stonewalling. They don’t care about the public and they definitely snub public voices. There was going to be an EPO protest in front of a diplomatic British office in Germany (February 2015), but the British government stepped in to intervene, along with Battistelli. The powerful politicians are revolting against scientists.

It looks like UK-IPO is preparing to surrender to the EPO some time very soon (with the UPC). Multinational corporations are getting their way rather quickly thanks to the Battistelli regime. EPO staff should know by now who Battistelli is loyal to; he has no loyalty to his staff, whom he merely views as an enemy (most of them signed a petition against the EPO's recent actions). Is Battistelli acting like a European politician or like a corporations’ (clients’/applicants’) lobbyist?

“He does not possess wealth; it possesses him.”

Benjamin Franklin

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. EPO Loses More Than 80% of Cases at the International Labour Organisation (ILO)

    The International Labour Organisation (or Organization) helps show just to what degree the European Patent Office (EPO) violates the rights of workers



  2. To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

    Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections



  3. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  4. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  5. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  6. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  7. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  8. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  9. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  10. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  11. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  12. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  13. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  14. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  15. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  16. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  17. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  18. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  19. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  20. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  21. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  22. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  23. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  24. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  25. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  26. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  27. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  28. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  29. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  30. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers


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