02.01.16

Gemini version available ♊︎

Under Battistelli’s Regime the European Patent Office is Rapidly Rotting

Posted in Europe, Patents at 8:50 am by Dr. Roy Schestowitz

…And by trying to hide it from sight, the circle of Battistelli only makes things a lot worse

Dead tree

Summary: Technical problems, patent maximalism (in a desperate effort to artificially elevate patent-related figures) and other serious issues observed inside the European Patent Office (EPO)

AS of this morning, says the EPO's PR team, Team Battistelli welcomes another Frenchman to a top EPO position, reinforcing an observation or a trend of entyrism/coup d'état in slow motion*. It’s one among many EPO problems. “The Chief Economist unit of the EPO,” says this announcement, “was set up to provide economic insights into issues relating to patents, innovation and economic growth. It aims to contribute high-level expertise and analysis to public and expert forums and to foster well-informed debate. Its studies on the economic and societal aspects of patents in Europe have been commended as providing important evidence to the public.”

This is hogwash. The economic value of an overly permissive patent system (which the EPO rapidly became) is negative. Some people who leave anonymous comments definitely notice the decline of quality at the EPO and this morning one person wrote:

Just took a peek at the UK file to see what happened in this case. Notes state:

“04 February 2015 Application for amendment under Section 75 before the court filed on 25 September 2008 (HC07 C01905)
04 February 2015 Entry of 04 February 2015 entered in error.”

Appear the UKIPO want to be more like the EPO, making errors.

Battistelli does not even recognise such problems, including grants of invalid European patents (EP), including software patents in Europe.

With brain drain being reported to us (we covered this before on numerous occasions), a lot of things are rotting at the EPO these days, not just EPO buildings (a subject we shall leave for another day). Based on the initial tweet of the PR team (full context in [1, 2, 3]), the EPO did not even know Espacenet had been down until clients complained and a response was sent this morning. Technical incompetence such as this motivates some applicants to even consider suing the EPO, as we showed over the weekend.

Just before the weekend the EPO published an article only in German (about Mr. Fischer, who is German), “peddling patents-as-a-metric,” as one of our readers put it, citing this propagandistic article as an example. The number of patents does not say much. See how the USPTO doubled the number of granted patents in just a few years. Edison, a bogus legend, wasn’t an innovator but a businessman, an aggressor, and some say a patent troll (we covered this several times in the past). Patent offices are making a myth out of him, like Columbus (who didn’t discover anything, he merely invaded places that were already occupied by people, making him a raider).

Over at IP Kat, where many commenters are examiners and patent lawyers, there was this interesting discussion about patents as a tax. It started with this comment:

Remember that patents are a type of tax. The member states ceded this sovereign tax-raising power to the EPO on condition that the EPO render a share of the tax revenue back to them. The fact that the EPO is the first supranational tax-raising organ in Europe has largely escaped public attention so far. However, if the current bunch of misfits continues to drive the EPO into ignominy, it will only be a matter of time before the media (not least in the UK) wakes up to the fact that part of our sovereign authority is now under the control of an expensive, self-interested organisation managed by a nepotistic cabal under a despotic Enarque. The political fallout from such public scrutiny could be significant. And if it does come to this, then the Administrative Council will disown Battistelli and his cronies pretty smartly.

Here is a response to it:

Thinking about the statement “Remember that patents are a type of tax.”

I am reminded of how easy it is to twist a meme.

In this “tax” meme, who, exactly is being taxed?

Those with “anti-patent” feelings will try to twist the meme into an answer to this question being society itself – but that is just NOT the case, as the actual answer is that those being taxed are the innovators who chose to use the (optional) patent system.

There is no tax on society, given the premise that a patent right is given as quid for a certain quo.

Sorry for the interlude – now back to the “grift” of EPO leadership.

And finally there’s this:

Society at large is indeed highly concerned by the patent costs and the way patent fees are distributed to member states.
Albeit patent fees are paid directly by patent owners, it seems a bit naive to think they are not reflected in the products sold on the market: whenever we buy a smartphone or a car, a portion of the money we pay for it covers patent costs.
Society thus undoubtedly pays for patents, and its contribution actually amounts to a hidden consumer tax, which socially is far less just than an income tax.

It is nice to see that not everyone falls into the EPO’s self-deluding myth that economic value comes from patents irrespective of their scope. The EPO now operates like a corporation just trying to maximise everything (for short-term gains) and leaving the European public to deal with the externalities.
______
* Coup d’état is a French term. Very apt given the situation at the EPO these days.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  2. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  3. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  4. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  5. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  6. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  7. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  8. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  9. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  10. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  11. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  12. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  13. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  14. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  15. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  16. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  17. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  18. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  19. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  20. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  21. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  22. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  23. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  24. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  25. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  26. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  27. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  28. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  29. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  30. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023


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