06.29.16

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Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

Posted in Europe, Patents at 1:33 pm by Dr. Roy Schestowitz

Unless lawfulness is restored, the EPO will sink fiscally and perish

A photo from EPO Vienna

Summary: Battistelli’s EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents

MULTI-BILLION or even small companies regularly pursue patents (e.g. granted by the EPO) in order to be able to follow a potebntially lengthy legal process and collect fees, unless an agreement is reached or settlement is arranged outside the courtroom (usually when there’s little doubt about the potency of the said patent/s). But what happens when the EPO itself stomps on its own staff (examiners) and spits at the face of legal processes? What happens when the examination process itself is dubious (likely to be discovered only at the court when astronomical fees are spent on prosecution lawyers)? These are very important questions that every single EPO worker must consider in light of decline in patent quality and demolition of the appeals process. Watch this morning’s tweet from the EPO. It gives the illusion of outside input being taken seriously (“Want to submit third-party observations? Our online form will help you do so concisely”). It would probably be a total waste of one’s time now that Battistelli rushes EPO examiners to just grant (lax/inexistent prior art searches) and crushes the appeal judges.

The circle of Battistelli, or Team Battistelli as we like to call it, is still attacking judges. What message does that send to stakeholders who process, prepare, submit and get granted patents? As this one comment put it today, “hope that the AC [Administrative Council] realises that thanks to its recent reforms it can now suspend the President” (he regularly breaks his own rules). Here is the full comment:

Let us hope that the AC realises that thanks to its recent reforms it can now suspend the President for up to two years pending an independent investigation into the reign of terror which he and his cronies have been conducting against EPO staff.

I am sure that they will take whatever action is necessary to restore order at the EPO.

Here is a response to an earlier comment:

“If next time they will be able to hold proceedings in public and hear the witnesses of the IU, there should be no reason why they will not be able issue a decision on the merit of the accusations.

Why do you think that their decision precludes another attempt by the AC – i.e., Battistelli?”

Do you seriously think that BB [Battistelli] is going to tolerate a public hearing and the questioning of witnesses which might expose the misdeeds of “his” investigative unit ?

Yes, as we noted here before, there seems to be an element of fabrication and/or exaggeration, just like in Laurent Prunier's case (SUEPO The Hague).

Here is another comment on this matter (Battistelli’s abuse of legal processes):

the whole of the introductory part might be interesting too

it reads (with one word omitted) in English: When, …, do you mean to cease abusing our patience? How long is that madness of yours still to mock us? When is there to be an end of that unbridled audacity of yours, swaggering about as it does now?

to whom might that apply ?

And from another thread we have this comparison to Juncker:

President Juncker has now officially stated that when Britain appoints a new Prime Minister they must invoke Article 50 within 24 hours if they are part of the ‘leave’ campaign, or 2 weeks if they are part of the ‘remain’ campaign.

I cannot find the legal basis for this in the EU Treaty. It is certainly not mentioned in Article 50. Can someone point to the legal basis for this demand?

There must be a legal basis, otherwise President Juncker is making up EU law himself, which is the act of a dictator.

What do the EPO employees who have suffered under the rule of Battistelli think of this?

The context of this is actually ‘Brexit’ — a subject that we shall tackle separately later.

“”Liberation” turns on Battistelli,” wrote another commenter about a new article whose translation we still hope to get from someone. Any volunteers? Sooner or later SUEPO itself might provide a translation, as most of the article is about SUEPO.

The EPO will sink or swim based on its reputation. At the moment Battistelli and his ‘bulldog’ are probably the top liabilities. One might get arrested, but the other needs to step down or get sacked.

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