Bonum Certa Men Certa

EPO Under Benoît Battistelli: Nepotism, Misinformation, Poor Patent Quality, Terrible Working Conditions, and Increase in Prices

Descending to Chinese standards on integrity, quality, and human rights

EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu (even the red flags match). Credit: EPO Web site.



Summary: A look at the ugly legacy of Battistelli, who has turned an Office with international reputation into a 'factory' like the USPTO or SIPO (in China)

THE EPO has not been doing a good job preserving its reputation when it let software patents slip in (from the back door) and later, based on a leaked document, started treating patent applications in a discriminatory fashion and an embarrassing manner. "There is nothing in the EPC which allows the EPO to handle applications differently," wrote this person earlier today.



Based on a lot of sources, some of which chose to do this publicly, EPO 'results' are bunk and some rightly suggest that an external audit of these 'results' is urgently needed. As this little poem put it earlier today:

C ould it be I'm getting pendantic? O r is granting patents so romantic? O ver embellishment of the statistics K nown now for years by realistics E xternal audit,lay the books bare D oes this AC really care?


It might not be enough to do an external investigation into the union-busting activities; the Office as a whole needs to come under outside scrutiny. Moreover, verification of the so-called 'results' is desperately required. Some EPO examiners (choosing to comment anonymously for their own protection) admit that examination quality is poor now, especially under Battistelli. As one person put it earlier today (sarcastically):

Please forgive me if my post is a bit off topic. I have to tell it.

I'm one of the few "fossiles" left in The Hague. Those who started more than 30 years ago, performing searches through mountains of paper and providing both the colleagues in München and our applicants with prior art indicating the novelty destroying "X" documents and the position of the competitors.

Then came BEST, with its holy 14% productivity increase, together with the non-written rule: "Find anything against claim 1, and don't waste your time looking for the other claims." What was passed over is that following this dirty search many applicants were able to restore novelty after the first communication. And so, a new search was then required. At least for those of us having a bit of professional pride left, and of course for free. Farewell state of the art. Farewell complete searches. Cut the corners and hurry up.

Thanks to ISO 9001, the quality at the EPO improved far beyond any hope. Short ago, I've had the traditional new-year meeting with my director. Here is what I learned. Quality millesime 2016 is having no search or examination files in the red list (read "delayed"), no more than 3 published patents older than 6 months awaiting to be classified, no grants from a colleague in the examining division awaiting signature since more than 2 weeks. Highly important matters, as one can imagine. But not for inventors, not for the applicants and not for all those who pay for our work. The content of the search report/search opinion/communication interests NOBODY. Copy/paste an article of the Süddeutsche and it will reach the representative unnoticed. Like a fig leaf hiding the attributes of a horny satyr, our search strategies are now made public. Useless nonsense in terms of quality as only those who want to see can see. And being blind is so convenient for an examiner eager to reach a high productivity. How many times, as chairman, have I seen the sentence "the preparation process being novel then the product is novel too". But thanks to ISO 9001 we are the champions of the world.

Gloria in excelcis Battistelli.


"This all ends up looking less like Europe of old and more like the US," another person wrote, noting:

In my experience, ECFS has resulted in some EPO examiners becoming more and more inclined to take a superficial view of compliance with the provisions of the EPC, and to go for as many "easy wins" as possible.

The result? More patents of questionable validity and, worst of all, more patents with claims that are completely unclear. This means more (and much harder) work, and greater expense, for third parties seeking to clear the way.

This might just be acceptable if the OD was a reliable arbiter, diligently weeding out the dodgy claims that somehow made it through the coarse filter of examination. However, given the number of times that my eyebrows have been raised when reading 1st instance decisions, I don't think that the OD can be relied upon to deliver justice often enough.

This all ends up looking less like Europe of old and more like the US - with a significant percentage of dodgy patents being granted and with 3rd parties being reluctant to challenge due to the high costs and uncertainties involved. Perhaps we can live with that. However, should the management of the EPO really be the ones deciding that this is where we end up? It does not seem the most democratic way of proceeding.


Quality at the USPTO is horrible and it's not surprising that the number of patents is soaring, not because of growth in innovation. China is more or less the same. On the 1st of April (and it's not a joke) the EPO will be increasing fees, in spite of its poor service, as D Young & Co wishes to remind us right now, noting: "Not all fees are increasing and where they are, compared with past rises, the increases are relatively small (2% maximum)."

In short, EPO in its current state of affairs grants patents sparingly, distorts statistics about patents, increases patent fees, treats applications from large corporations as a matter of priority and so on. How can Battistelli tell (with a straight face) to the Administrative Council that he has done an acceptable job? As we shall show later tomorrow, Battistelli is on his way out (high probability as there are already succession plans).

Recent Techrights' Posts

Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
 
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024