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

02.13.16

The European Patent Office, Aloof/Apathetic to Inventors and Human Rights, Simply Cannot be Trusted With the Unitary Patent (UPC)

Posted in Europe, Patents at 6:08 am by Dr. Roy Schestowitz

More legal power, but whose?

Trojan horse

Summary: The European Patent Office (EPO), once a source of great pride for increasingly-unified Europeans, not only wants to enjoy impunity but also wants to attain new powers, despite demonstrating that its interests are anything but European and are often detrimental to Europeans, not just to European inventors

THE image of the EPO was tarnished a long time ago because of staff protests, press articles, and so on. These protests and press articles were the outcome of something, not the cause of that something. It’s not a made-up scandalisation (as EPO management so often tries to frame it with help from its buddies in the German media, notably Süddeutsche Zeitung); it’s very much deserved, and EPO management deserves all the blame. Never before was the EPO a Pariah in the eyes of Europe. The EPO was once internationally regarded as one of the best; now it’s renowned (or notorious) as the biggest human rights violator, more so than SIPO (both the State Intellectual Property Office in Croatia and in China).

Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates. Did he not expect any backlash? EPO management basically became a clique. It’s tribalism. People generally know that the EPO is as scandalous an entity as FIFA, even if there are not (yet) disciplinary measures taken against management. Yesterday the President of the FFII told the EPO it’s “time for the European Parliament to step in to stop patent maximalism. They will be powerless with the non-EU Unitary Patent Court.”

“Things took a turn for the worse when Battistelli, who tries hard to improve his image this month, took over and brought his mates.”The term “patent maximalism” — a term that we believe we sort of coined here — is gaining widespread use. The above person now writes regarding language barriers (obstructions to UPC) as well — a subject we covered here a lot recently, mostly in relation to Spain and to Sweden. Glyn Moody, who wrote a detailed article about the EPO at the beginning of this month (criticising both the EPO and the UPC), responded by asking, “do you have a link for that? I think this is going to become a hugely important issue for UPC…”

“In my twitter history,” the President of the FFII. “I already mentioned about the fact that the Court will be running in English only. Let me dig.”

We already covered this subject quite frequently and heavily here, as far back as more than half a decade ago (when UPC wasn’t yet known as or referred to as “UPC”).

We kindly remind readers that EPO-funded pro-UPC events are to take place (including one in the US later this month). The EPO wants to take it international. We also wish readers would pay attention and consider who promotes the UPC. A so-called ‘news’ site that helped the EPO with pro-UPC propaganda (recently with a softball questions Battistelli ‘interview’) now promotes so-called ‘free’ ‘trade’ deals, again with other such ‘interviews’. Media presence isn’t hard to accomplish; there are always those who are gullible or corruptible, some with an operational Web site and a budget.

“Is the EPO serving inventors or is it looking after patent lawyers?”Remember that EPO managers allocated a massive budget for media positioning. They even hired a US (yes, US!) PR firm to handle the task, which makes one wonder who’s so crazy about the UPC anyway. Maybe the patent trolls lick their lips….

“Save this info,” the EPO wrote yesterday about presence/positioning of EPO at CeBIT, liking to a page whose contents is little more than software patents lobbying. Maybe the proponents of software patents lick their lips too….

Also (re)posted yesterday by the EPO was this photograph showing patent lawyers sharing a room with EPO staff. Is the EPO serving inventors or is it looking after patent lawyers? We suspect the latter, not to mention large corporations that are the main source of these lawyers’ income (and EPO revenue). The EPO only needs to maintain the illusion/perception that this isn’t the case, but any such cross-pollination (large corporations, patent lawyers, and EPO bureaucrats) serves to reinforce the idea that they’re all colluding for money and power. It’s protectionism. They want more for themselves and less for everybody else. To quote an interesting new comment from yesterday:

By the way it the decision at stake is T 339/13:
http://www.epo.org/law-practice/case-law-appeals/recent/t130339eu1.html

It is interesting to note that the Board of Appeal finds it inventive to mimic the purring of a cat. I would have thought that it is notorious that cats purr, especially when being stroked.

It is difficult to see what can be inventive in moving a cursor on a virtual cat and in response thereto receiving a gentle purr.

In other news about the EPO, watch how generic medicine comes under attack by EPO patents. To quote yesterday’s news: “In the fourth quarter of 2015, a generic competitor unilaterally withdrew its appeal in the case regarding the validity of the Alimta vitamin regimen patent before the Technical Board of Appeal of the European Patent Office (EPO). In view of the withdrawal of the appeal, the decision of the Opposition Division of the EPO finding the patents valid is final, and there cannot be further validity challenges to the vitamin regimen patents for Alimta centrally before the EPO.”

“Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli.”What would be the effect of this decision on the general European population? Consider what the European Cancer Patient Coalition wrote two years ago to Battistelli.

IP Watch also published this article yesterday, covering what the EPO’s spinners did to seed PR (positive coverage) about seeds and plants. To quote IP Watch: “The issue of the interplay between patents and plant variety rights heated up last year when the EPO Enlarged Board of Appeal upheld patents for plants or seeds obtained through conventional breeding methods, throwing plant breeders’ position into question.

“Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn’t just a Trojan horse serving foreign corporations under a .org domain and the misleading “European” label.”“The rulings prompted the European Parliament to ask the European Commission to investigate the matter, and the Netherlands, which holds the EU Presidency from 1 January – 30 June 2016, to promise to address the imbalance between the two systems (IPW, Biodiversity/Genetic Resources/Biotech, 19 January 2016). The EPO and CPVO said they wanted to increase their exchange of information on the subject.”

Judging by how things have progressed as of late, it won’t be long before the EPO is as much a lobbyist of Monsanto as the USPTO already is. Before any more powers are passed to the EPO (e.g. the UPC) there needs to be assurance that the EPO isn’t just a Trojan horse serving foreign corporations under a .org domain and the misleading “European” label. One needs to also ensure that the EPO actually obeys the law. At present, it obviously does not.

“The trouble with fighting for human freedom is that one spends most of one`s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.”

Henry Mencken

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. In the European Patent Office, One Gets Rewarded for Mentally Torturing ('Interrogating') Staff

    Elodie Bergot and her "Gestapo" have both enjoyed spectacular promotions, broadening the reach of Battistelli's "police state" culture



  2. IP Kat Participates in Deletion of Information About EPO Scandals

    IP Kat has just deleted nearly 40 comments (some of them very detailed); we bring these back to life for the sake of history and preservation



  3. Links 23/10/2017: Wine Staging 2.19, GNOME 3.27.1

    Links for the day



  4. SUEPO Has Just Warned That Patent Quality at the EPO is About to Get Even Worse

    The staff union of the EPO (SUEPO) speaks of increasing "production" pressure, which is certain to result in low-quality European Patents



  5. The EPO No Longer Measures Quality of Patents; Instead It Publishes Fake Statistics

    The decline in patent quality at the EPO is a long-known issue and suppression of information about it merely enabled several more years of questionable patent grants, thereby putting at risk the perceived value of EPO services



  6. Speaking of “Social Democracy” While Suffering Extreme Democratic Deficiency

    The EPO represents an even broader assault on democracy in Europe (implicating ILO, Team UPC, national delegates, and national governments), but Benoît Battistelli is unique in the sense that he's disguising it or lying to himself about it



  7. Management by Intimidation Has Caused Deaths at the European Patent Office (EPO)

    An accurate diagnosis of the conditions created at the European Patent Office (EPO) by Benoît Battistelli and his cronies, who have essentially hijacked the Organisation -- not just the Office -- then attacked every 'enemy', either real or perceived



  8. The Difference Between Alain Pompidou and Benoît Battistelli as EPO President

    The different approaches adopted by Pompidou and Battistelli; one pursued amicable mediation and training, whereas the other resorted to vindicative witch-hunts, kangaroo courts, and a culture of terror which resulted in many suicides



  9. The Darker Past of the Next President of the EPO - Part IV: Links Between CGD (Former Employer of António Campinos) and the INPI

    More information about connections between CGD and the Portuguese Intellectual Property Office (INPI)



  10. Links 21/10/2017: Purism Against ME, Pop!_OS Ready

    Links for the day



  11. US Patents Appeal Board Attacked by the Patent 'Industry', Defended by Federal Courts, and Dodged by Patent Trolls

    PTAB, the branch or the 'court' responsible for eliminating bad patents, is coming under attacks from those who rely on poor patent quality and receives praises from everyone else, as usual



  12. In the United States, the Patent 'Industry' is a Dying Breed and China Adopts This Destructive Force

    The decaying patent microcosm, or the pipeline of low-quality patents and frivolous lawsuits these entail, loses its grip on the US; China, much to the astonishment of people who actually create things, is attempting to attract that ruinous microcosm (which preys on real, producing companies)



  13. Microsoft and Nokia's Patent Trolls by Proxy: First Conversant, Now Provenance Asset Group Holdings LLC

    Microsoft's shell game with patents (passing Android-hostile patents to trolls) carries on and publishers funded by these trolls offer the details, albeit vaguely and with obvious spin



  14. Anonymous Professionals Speak of Benoît Battistelli's Destruction of the EPO, But Why Does the Media Turn a Blind Eye?

    Everyone in the circles of EPO staff and EPO stakeholders knows that dysfunction has become the norm; European media, however, remains suspiciously silent about what otherwise would be a major European scandal (bigger than FIFA or Dieselgate)



  15. The Darker Past of the Next President of the EPO - Part III: More Details About Caixa Geral de Depósitos, Former Employer of Campinos

    The side of Campinos which he prefers to conceal, or rather his association with a rather notorious Portuguese bank



  16. UPC Looks Like More of a Distant Dream (or Nightmare) as Germany Adds Another Two Months' Delay

    The likelihood that the UPC will be altogether scuttled is growing as delays keep piling up and more complaints are being filed by public interest groups (as opposed to Team UPC, which hoped to shove the UPCA down everyone's throats behind closed doors)



  17. Patent Trolls Roundup: BlackBerry, Dominion Harbor, IPNav, IP Bridge

    A quick review of recent news regarding patent trolls or entities which resemble (and sometimes feed) these



  18. Battistelli's Destruction of the EPO is Bad for Everyone, Even Patent Attorneys

    The collapse of the European patent system, owing primarily to Battistelli's totalitarian style and deemphasis on patent quality, means that "the war is lost," as one professional puts it



  19. Links 19/10/2017: Mesa 17.2.3, New Ubuntu Release, Samsung Flirts With GNU/Linux Desktops

    Links for the day



  20. Some of the USPTO's Most Ridiculous Patents Are Scrutinised by “Above the Law” While Dennis Crouch Attempts to Tarnish Alice

    Controversies over patent scope and level of novelty required for a patent; as usual, public interest groups try to restrict patent scope, whereas those who make money out of abundance of patents attempt to remove every barrier



  21. Microsoft's Software Patents Aggression in Court (Corel Again)

    Microsoft's tendency to not only abuse the competition but also to destroy it with patent lawsuits as seen in Corel's case



  22. The Spanish Supreme Court Rejects the EPO's “Problem and Solution Approach” While Quality of European Patents Nosedives

    European Patents (EPs) aren't what they used to be and their credibility is being further eroded and even detected as such



  23. Europe is Being Robbed by Team Battistelli and the UPC/PPH Would Make Things Worse

    The European Patent Office (EPO) has put litigation at the forefront, having implicitly decided to no longer bother with proper patent examination and instead issue lots of patents for judges and lawyers to argue about (at great expense to the public)



  24. Team UPC Continues to Promote Illusion of UPC Progress Where There's None

    The core members of Team UPC in the UK spread obvious falsehoods in the media, probably in an effort to attract 'business' (consultation regarding something that does not exist)



  25. António Campinos: A True EPO Reformer or More of the Same?

    More unfortunate reminders that Campinos and Battistelli don't quite diverge on the big issues, they're just more than two decades apart in age (but the same nationality)



  26. Juve Has Confirmed That António Campinos is French

    The relationship between Campinos and Battistelli has a nationality aspect to it, not even taking into account the interpersonal connection which goes a long way back



  27. The Darker Past of the Next President of the EPO - Part II: António Campinos at Banco Caixa Geral de Depósitos

    A look at the largely-hidden banking career of the next President of the EPO and the career of the person who competed with him for this position



  28. SUEPO to the Media, Regarding Campinos: “No Comment, It’s Too Dangerous”

    António Campinos, who is Benoît Battistelli's chosen successor at the EPO, as covered by German media earlier this month



  29. Staff Union of the EPO (SUEPO) Willing to Work With Campinos But Foresees Difficulties

    New message from SUEPO regarding Battistelli's successor of choice (Campinos)



  30. Links 18/10/2017: GTK+ 3.92, Microsoft Bug Doors Leaked

    Links for the day


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