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

03.29.16

Crisis Deepens at the European Patent Office, General Strike Planned for Next Thursday

Posted in Europe, Patents at 3:12 pm by Dr. Roy Schestowitz

Title of the strike will be “Lawfulness at the EPO”

Willy Minnoye caricature

Summary: The European Patent Office (EPO), where Battistelli continues to serve (at least until June), continues to lose whatever is left of the reputation which took many decades to earn

Dr. Hans-Joachim Frieling from Munich blasts the EPO today. I’m far from fluent in German, but it’s clear that the EPO‘s lawlessness is becoming common knowledge in Bavaria. Even Bavarian politicians now take action against that [1, 2].

How did the EPO become a laughing stock and increasingly synonymous with abuse? Well, just look at EPO management. A fish rots from the head down, starting from Battistelli and further down to his confidants (mostly French), scandalous people such as Željko Topić, and people who take pride in being above the law (Willy Minnoye).

“How did the EPO become a laughing stock and increasingly synonymous with abuse?”Having watched some EPO-related matters over the long weekend (Easter), we found that an EPO patent on “sensoric imprinting [...] had been opposed at the EPO after grant,” which means that the examination process went awry. Well, speeding up examination for particular companies can’t help, can it?

“The EPO Boards of Appeal recently decided a case involving food products for infants,” said this article, “where it considered that the requirement “up to the hilt” in relation to prior art equated to “beyond reasonable doubt” rather than “absolute certainty”.”

Remember that Battistelli not only wishes to crush the boards but also breaks the rules in an effort to scare them all. “Three cheers for the stabilising effect on patent law in Europe,” wrote one patent lawyer today, “of the enormous accumulated specialist wisdom of the Enlarged Board of Appeal of the EPO. Long may it reign.”

“Battistelli just keeps lying to the media about the situation (unless he’s in total denial about it, in which case he’s wrong, not lying).”Battistelli’s messengers in Twitter carry on as if nothing is wrong, even though the Board says there is a crisis and a staff survey serves to confirm/reaffirm this. “We understand EPO staff are likely to strike on April 7,” MIP (Managing IP) told me this morning (citing Techrights too).

Expect the EPO to say nothing at all about this, either in Twitter or in its own site. Battistelli just keeps lying to the media about the situation (unless he’s in total denial about it, in which case he’s wrong, not lying). Here one can see the EPO repeating discredited figures [1, 2, 3] over at Twitter during Easter and right afterward. Well, “the absence of usable EPO statistics makes it difficult to see what is going on,” one comment said earlier today. Another person wrote: “Simply sad to see how the EPO is going into the wall. [...] quality standard that made the reputation of the EPO…”

“Judging by the EPO’s push towards UPC, maybe Europe will have its own Eastern District of Texas pretty soon.”One recent tweet from the EPO said, “Ask yourself the vital question: “Is there enough evidence to justify taking my idea any further?””

The term “taking my idea any further” just means paying tens of thousands of euros (or hundreds of thousands if the process doesn’t go smoothly, as per stories we covered before), plus renewal fees, for a patent that’s probably a waste of time and money. Companies that say they need patents to attract investors must be looking at the wrong places for investors (maybe in Texas).

Judging by the EPO’s push towards UPC, maybe Europe will have its own Eastern District of Texas [1, 2] pretty soon. We shall cover the UPC separately in our next post.

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. It Matters a Lot What You Call the System

    Why the best name for the best operating system would be "GNU", not "Linux" (media has twisted the words so as to marginalise GNU and its politics/philosophy)



  2. Only the EPO Goes as Far as Bribing Publishers (the Media) to Promote Software Patents and Publish Fictional Stories

    The world’s patent offices are growing tired of granting software patents which courts later toss out (because these patents are not valid); not only does the EPO advocate such patents — typically using a bundle of buzzwords — it’s also bribing the media to help



  3. EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

    Judging by the EU’s nearly blind and unconditional support for the management of the EPO — no matter how abusive and corrupt it has gotten — one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe’s businesses — the productive firms to which patent maximalism often represents far more risk than opportunity



  4. Guest Article: The Free Software Movement Should Come Out From the Box

    "From now onwards we have to think from a user’s rights perspective and mobilise users of Free software. They should know what rights they ought to get."



  5. IRC Proceedings: Friday, December 13, 2019

    IRC logs for Friday, December 13, 2019



  6. Links 13/12/2019: QEMU 4.2.0, GNU Guile 2.9.7

    Links for the day



  7. Links 13/12/2019: Zorin OS 15.1, Vim 8.2

    Links for the day



  8. Linux Foundation Has Outsourced All the Licence Compliance Stuff to Microsoft, a Serial GPL Violator

    OpenChain Specification/OpenChain Project and Automated Compliance Tooling (ACT) are yet more examples -- the latest of many -- of the Linux Foundation being outsourced to Microsoft, not only for code but also documentation and hosting



  9. IRC Proceedings: Thursday, December 12, 2019

    IRC logs for Thursday, December 12, 2019



  10. Copyleft: Keeping Code Free

    Now that news about "Linux" is dominated by promotion of proprietary software we ought to remember what perpetrators of such a strategy seek to eliminate



  11. Plans That Worked, Plans That Failed

    "I am still looking for good news, but the more good I try to find, the more nastiness I uncover. This is by far, Free software's worst year ever. 2019 Sucks!"



  12. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  13. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  14. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  15. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  16. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  17. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  18. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  19. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  20. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  21. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  22. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  23. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  24. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  25. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  26. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  27. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  28. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  29. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019



  30. Demonstration Against Unitary Software Patents, Thursday 12 Dec in Brussels

    FFII's call to demonstrate against the UPC


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