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. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  2. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  3. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  4. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  5. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  6. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  7. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  8. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  9. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  10. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  11. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  12. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  13. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  14. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  15. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  16. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  17. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  18. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  19. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  20. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies



  21. The Patent Microcosm Keeps Attacking Every Patent Office/System That is Doing the Right Thing

    Patent 'radicals' and 'extremists' -- those to whom patents are needed solely for the purpose of profit from bureaucracy -- fight hard against patent quality and in the process they harm everyone, including individual customers



  22. Another Final Nail in the UPC Coffin: UK General Election

    Ratification of the UPC in the UK can drag on for several more years and never be done thereafter, throwing into uncertainty the whole UPC (EU-wide) as we know it



  23. Links 19/4/2017: DockerCon Coverage, Ubuntu Switching to Wayland

    Links for the day



  24. Links 18/4/2017: Mesa 17.0.4, FFmpeg 3.3

    Links for the day



  25. Patents Roundup: Microsoft, Embargo, Tax Evasion, Surveillance, and Censorship

    An excess of patents and their overutilisation for purposes other than innovation (or dissemination of knowledge) means that society has much to lose, sometimes more than there is to gain



  26. How I Learned that Skype is a Spy Campaign (My Personal Story) -- by Yuval Levental

    Skype is now tracking serial numbers, too



  27. Links 17/4/2017: Devil Linux 1.8.0, GNU IceCat 52.0.2

    Links for the day



  28. EPO Patent Quality and Quality of Service Have Become a Disaster, Say EPO Stakeholders

    Stakeholders of the EPO, in various sites that attract them, are complaining about the service of the EPO, the declining quality of patents (and the rushed processes), including the fact that Battistelli's blind obsession with so-called 'production' dooms the already-up-in-flames EPO and makes it uncompetitive



  29. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay

    The site where you get what you pay for continues to promote highly damaging agenda, which threatens to disrupt operations at a lot of legitimate companies that employ technical people



  30. An Australian Patent Troll, Global Equity Management (SA) Pty Ltd (GEMSA), is a Bully Not Just in the Patent Sense, Explains the EFF

    The mischievous troll GEMSA, which doesn't seem to get enough out of bullying real companies, is now attacking a civil rights group's free speech rights


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