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

06.04.16

Battistelli is Destroying the European Patent Office and Wasting a Lot of Money Hiding This Fact

Posted in Deception, Europe, Marketing, Patents at 2:58 pm by Dr. Roy Schestowitz

EPO Frame Breaking

Summary: Too busy paying journalists, PR firms, so-called ‘research’ firms (funded by EPO budget to the tune of millions per year) and other actors that help distort the reality (a rapid EPO decline), Mr. Battistelli has now become a huge liability to the entire Organisation and EPO staff should fight to save the EPO

SOME big stories about the EPO are coming next week and they’re nothing to do with the charade that’s now known (at least internally) for promoting frauds, not just those which the EPO falls for (yesterday it laughably enough warned others about fraud). The EPO keeps promoting the charade which wastes millions of euros of EPO budget and does not want the public to know that it pays the media for puff pieces relating to this charade, amongst others. The latest ‘survey’ of the EPO’s BFF, which the EPO now inevitably brags about, is one such example of paid media.

The EPO would like to make examiners at the EPO redundant (replaced by algorithms) and pretend there’s still potent examination, not just patent filing/registration. That’s the ‘ENA way’. Yesterday the EPO promoted a prelude to this. We are already seeing a reduction in patent examination quality and Battistelli is demolishing the Boards of Appeal little by little (understaffing and now fee hikes). The EPO is collapsing and while this collapse is happening Battistelli spends millions of euros on PR agencies and media companies, as well as commissioned 'studies' which attempt to distort this reality (that’s their job).

Looking at recent IP Kat comments, we come to realise that more and more people inside and outside the EPO (those who interact with examiners) come to grips with the above reality. It’s pretty grim. As one person put it:

What is kind of shocking about the proposal to have a self-financed DG3 because of self-financed UPC-courts is that it shows an utter lack of understanding of the function of DG3 and the UPC-courts by BB [Battistelli] and his freaks.
DG3 is a judicial instance, there to correct/review 1st instance decisions … such a correction mustn’t cost a lot of money for the appelant(in particular SMEs).
DG3 should be regarded as a futher liability of the EPO(rg) … similar to the AC – I do not think that they are self-financing.

… but well, what could one expect from BB …

Battistelli’s latest puff piece and masterpiece (warning: epo.org link) does not show him with violent tyrants, for a change. Why not show him with the people whom he habitually hangs out with rather than pseudo-royalty from Britain?

“An appeal fee of 7.350 Euro is insulting,” one person noted. “I am surprised that nobody so far mentioned that such a fee is a clear disincentive to file with the EPO in the first place.” Here is the full comment:

An appeal fee of 7.350 Euro is insulting. I am surprised that nobody so far mentioned that such a fee is a clear disincentive to file with the EPO in the first place.

For that amount of money, you can get your application translated into French/Dutch, file it as national application, and you get the search report together with an opinion from the EPO. After that, you pick just the two or three countries you are interested in and go there directly. Go for Germany – biggest market, no translation needed for filing and search, France/Netherlands – you already have the application, and Great Britain. That will secure two additional search reports (DE, GB). With some luck you will have a good overview of the relevant prior art. Infringement in Düsseldorf (DE), period. No hassle with EPO appeal fee, UPC, etc. All things considered, you are likely cheaper even without an appeal.

Sure, that strategy is not fit for everybody. As alternative, go EPO for the search, either with an EP or a PCT, and then proceed on national level, again completely sidestepping EPO examination and appeal. Going PCT will also avoid the nasty exchange of search results, making sure that the EPO does a proper search instead of considering mainly the national search report. The EPO did not lower the search fee when that exchange was introduced, although it is supposed to save time.

Poor guys who want 4 or more countries:)

reply to the above

The goal is to destroy/eliminate if not just marginalise the appeals process. Goodbye to EPO quality!

As another person put it:

Be careful with France. A direct French regional phase from a PCT filing isn’t possible; the application will have to go through the EPO. So you will need a FR either a FR first or second filing. As a bonus, a first filing will give you an EPO Search and opinion. Mais pour ça, il faut rédiger la demande en français.

Let’s not talk about the utter idiocy of the “PCTdirect” thing currently peddled by the EPO, where applicants are encouraged to amend their second filing in order to overcome objections of the authority who handled the first filing. If you like endangering your Paris priority and finding new reasons to go all the way to the EBoA, this one’s for you…

My suspicion is that through impossibly high work quotas, the EPO examiner will have no other practical option but to rubber stamp whatever is filed, without looking at it too closely, unless he feels suicidal and/or wants to end up a homeless wino sleeping under the bridge. But everything is fine, since the EPO is ISO 9001 certified.

Here is a reference to neoliberalism in relation to this:

As Lord Darlington observed, more than a century ago, a cynic is a person who knows the price of everything but the value of nothing.

Do we have more cynics in the world today? I think so. Everywhere one looks (as a patent attorney) one sees Administrative Council members, business people, economists and politicians monetarizing everything, as fast as they can, putting a price on everything, with nary a thought about the value that they are destroying.

But there are a few straws in the wind (politicians take note). In particular, the economists heading up research at the IMF have started to put out Papers that argue that neoliberalism is routinely destroying more value than it creates. It is easy to price everything, very hard to quantify “value”. Measuring what you can measure and dismissing any thought about anything else might be excusable in a professor of economics but not for a politician or business person.

So perhaps it’s not too late for the AC, first to see the error of BB’s Master of Business Administration ways, and second to do their F-ing job, namely exercise some control over their attack dog, and curb the beast. In 40 years since the creation of the European Patent Convention, it has come to be the world’s premier (go to) corpus of rational patent law, thanks to DG3 at the EPO. Europe has precious little “soft power” in the world today, but here is a jewel in its soft power crown.

Meanwhile BB, in what seems to be a bizarre and ever-more emotional fit of pique, is bent on wiping it out, regardless of the cost. In my opinion, a disgrace, a tragedy, and deeply lamentable.

The following last comment on this subject is referring to the attack dog of Battistelli, who faces criminal charges in Croatia:

Just two quick points.

As far as I was aware, it’s not BB who claims to be an MBA but the one who signed off on this.

http://www.dziv.hr/files/File/go-izvjesca/godisnje_izvjesce_2010.pdf

Apropos exercising control over the attack dog, haven’t you ever heard the old adage “Don’t bite the hand that feeds you”. The guys to exercise control are the ones in the ministeries. Refer to Article 4a EPC. Long overdue by now.

Our goal is not to destroy the EPO but to save it. The one destroying the EPO right now is Battistelli, along with his team which has blind loyalty to him. Battistelli ought to be sacked this month in order to save the EPO.

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

A Single Comment

  1. Dr.Guinness said,

    June 5, 2016 at 2:28 pm

    Gravatar

    Its my opinion that it is ridiculous that politicians say that their coutries have only one vote in the AC and can therefore do nothing. For France, Germany, United Kingdom, The Netherlands , Switserland and Italy patents are very important. In these countries many applications are filed. For most of the smaller countries patents are not very important. There are only relatively a few patent filings and a very poor IP know how in these countries. For them the money and ¨presents¨ they get from the EPO and BB are more important. What politicians of countries with many patent applications should do is tell BB that he has to arrange a diplomatic conference as meant in the EPC. In the mentioned six countries are enough patent specialist with know how who can deliver an important contribution to come to a good result for eventually necessary changes. Now only BB and a weak AC are taking decisions and planning changes leading to the end op the EPO. A situation with only loosers.

What Else is New


  1. Techrights Can Figure Out Source Protection/Anonymisation Whilst Operating Very Transparently

    We're still quite radically transparent whilst at the same time enjoying 100% source protection record; we're also improving the software we use to publish more quickly and efficiently



  2. IRC Proceedings: Monday, June 01, 2020

    IRC logs for Monday, June 01, 2020



  3. This is How GNU Finally Dies

    "Brace for when GNU falls the way that OSI, FSF, FSFE, Mozilla, and the Linux Foundation did."



  4. Latest Microsoft Layoffs Spun as 'Innovation' (There's Always a Positive PR Angle)

    The public is expected to simply ignore the fact that Microsoft is laying off employees (again); instead we're expected to think it's all about Microsoft being very brilliant and innovative



  5. Microsoft Playing the Victim, Irrationally 'Hated' by Victims of Its Abuse

    We're meant to believe that those whom Microsoft bribes against are the opinionated 'haters' and Microsoft is a victim of 'hate'



  6. Links 1/6/2020: Linux 5.7, FOSSlife Born, LibreOffice 7.0 Beta1, Linux Mint 20 Making Early Promises

    Links for the day



  7. Linux Without Linus

    The Linux Foundation seems to be acting like Linus (Linux founder) is somewhat of a liability (forcing him to take a ‘break’ from his own project) while taking even the most notorious proposals from corporations, including those that called Linux a “cancer”



  8. What It Would Take for Linus Torvalds to Leave Linux Foundation Without the Linux Trademark and Without Linux

    It's nice to think that the founder of Linux can just take his project and walk away, moving elsewhere, i.e. away from the Microsoft-employed executives who now "boss" him; but it's not that simple anymore



  9. The Past Does Not Go Away, Except From Short-Term Memories

    People who are drunk on power and money (sometimes not even their own money) like to portray themselves as the very opposite of what they are; but in the age of the Internet it's difficult to make the general public simply forget the past and "move on..."



  10. IRC Proceedings: Sunday, May 31, 2020

    IRC logs for Sunday, May 31, 2020



  11. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  12. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    What's wrong about Microsoft isn't its size; what's wrong with Microsoft is its behaviour, which isn't just illegal (crimes are the norm) but also hugely unethical



  13. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  14. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners



  15. First They Bribe the Employer, Media Lynch Mobs May Follow

    The 'cancel culture' lynch mobs, which leverage social causes (or marginalised groups), remain a convenient means by which to oust one's political/business opposition; but money too is a massive contributing factor and the more one has of it, the easier it is to control media narrative and subversive focus



  16. Upcoming Series Teaser: The Bribery Operation of William Henry Gates III

    Bribery goes a very long way when it comes to the megalomaniac who pays the media to portray him as the world's most generous person



  17. Windows Ransomware Must Not be Unspeakable When People Die in Large Numbers Due to That (and Windows Has Intentional Back Doors)

    Loss of electronic patient records, ransom and downtime among the severe consequences of deploying Microsoft inside hospitals; yet the media rarely names the real culprit (manslaughter charges theoretically possible) and nobody gets punished except those who offer real solutions



  18. IRC Proceedings: Saturday, May 30, 2020

    IRC logs for Saturday, May 30, 2020



  19. Burning the House That Richard Stallman (RMS) Built: An Open Letter to GNU Maintainers Who Opposed RMS

    An open letter to people who petitioned RMS to step down and who outsource GNU projects to Microsoft (GitHub)



  20. Links 30/5/2020: Godot Editor Under Web Browsers, Alpine Linux 3.12.0 and EasyOS 2.3

    Links for the day



  21. EPO's Illegal Patents and Massive Corruption Go Unnoticed by Corporate Media and Sites That Cover Patent News

    Very major corruption scandals still emerge in Europe's second-largest institution and illegal patents get granted as well as promoted; somehow, perhaps miraculously, this no longer seems to bother anybody in the media (corruption and radical policies have been gradually 'normalised')



  22. Never Mind If GNU/Linux Works Better Inside Hospitals and Free Software Not Only Safer But Vastly More Efficient...

    With lives on the line one might expect hospitals to choose what's most secure and generally works best; but in practice there seems to be a leaning towards what bribes best



  23. Sick Alexander Ramsey is Using a Public Health Crisis to Lie About the Unitary Patent, Whose Fall Made Him Redundant and/or Obsolete

    Weaponised media continues to manufacture utterly ridiculous puff pieces for Team UPC, containing intentional lies from beginning to end



  24. IRC Proceedings: Friday, May 29, 2020

    IRC logs for Friday, May 29, 2020



  25. They Came, They Saw, He Died

    Microsoft is an inherently sociopathic company; today's story of AppGet is an important reminder that Microsoft has not changed and isn't changing (Maui is another week-old example of trademark-hijacking tactics by Microsoft)



  26. Microsoft-Connected CloudGuru Doesn't Care About GNU/Linux and Now It's Gradually Killing the BSD/Linux-Centric Jupiter Broadcasting (Bought by Linux Academy)

    Assuming Docker is being 'killed' by Microsoft (or at least hijacked to push Windows, Azure and so on) while the GitHub-hosted (Microsoft) CloudGuru, whose co-founder comes from Microsoft, ‘finishes the job’ with Linux Academy and its assets, it’s time to take stock of a pattern/trend that ruins the media too



  27. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  28. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  29. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  30. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020


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