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

06.29.16

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.

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. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  2. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  3. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  4. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  5. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  6. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  7. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  8. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  9. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  10. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  11. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  12. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  13. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  14. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  15. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  16. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  17. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  18. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  19. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  20. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  21. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  22. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  23. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  24. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  25. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  26. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  27. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  28. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  29. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  30. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere


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