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

07.01.16

Realistic English Translation of EPO Announcement About Crushing of Patent Quality

Posted in Deception, Europe, Patents at 12:02 pm by Dr. Roy Schestowitz

EPO hogwash

Summary: The EPO’s statement which proves Eric Blair (George Orwell) right, carefully rewritten to better explain what Battistelli and his cronies have just done to bring the EPO’s status to an all-time low

PUTTING the USPTO aside for a moment, as there is something rather urgent regarding the EPO to respond to (something we explained in the afternoon), consider this truly ugly piece of North Korean-like state propaganda from the EPO (warning: epo.org link and every single sentence is an Orwellian lie, except the sentence which explains what the appeal boards do).

“Once upon a time several examiners looked at each and every application, but EPO patent examiners admit a decline in patent quality and apparently decline/elimination of multi-person participation as well (so Battistelli just keeps lying to the media about it).”It is a shameless pack of lies, so we decided to rewrite it correctly. As a little bit of background, consider the vital role of quality control at any patent office, especially a patent office which strives to have high reputation (in order to justify high fees). Once upon a time several examiners looked at each and every application, but EPO patent examiners admit a decline in patent quality and apparently decline/elimination of multi-person participation as well (so Battistelli just keeps lying to the media about it).

Earlier today the EPO wrote: “How do you find out if your idea is novel? You do it by searching for prior art.” Well, “searching for prior art” is exactly what Battistelli is fighting against by compelling examiners to work faster (i.e. more recklessly) and keeping the appeal period shorter, the appeal boards understaffed, and the entire process vastly more expensive to challengers/appellants (i.e. unaffordable/prohibitive to small businesses in particular). So here is the ‘corrected’ announcement from the EPO:

Greater lenience and reduced patent quality for the EPO’s President

1 April 2016

In a Battistellian decision, his Administrative Council that exploits the European Patent Organisation for free dental care, agreed to send to exile the Boards of Appeal (BoA) in spite of the framework of the European Patent Convention.

Approved with an overwhelming spending on cooperation money to member states, the European Patent Organisation accepted a comprehensive demolition proposal of the Office to strengthen the perception that there is no future for the BoA, in particular by increasing the incentive to seek alternative employment, and to make it hard to receive presidential approval for such alternative employment. The BoA is the body that takes decisions on appeals against decisions of the European Patent Office concerning European patent applications and European patents.

“The decision taken yesterday finally achieves destruction of the EPO’s appeal system which wrongly was envisaged for many years. After two attempts of destruction which failed in 1995 and 2004, this is a historic achievement”, EPO President Battistelli said. “Increasing both the perception of poor job security and the high cost of the BOA is essential for securing my own job and elimination of the EPO’s appeal system and for maintaining its long-term deprecation”, the EPO President explained.

Under the demolition plan the current BoA will be restructured into a Boards of Appeal Unit within the EPO managed by a President of the Boards of Appeal – a new position -, who is solely responsible to a Battistelli-controlled Administrative Council and not to Battistelli directly. A newly created subsidiary committee of the Administrative Council, the Boards of Appeal Committee (BoAC), will help bamboozle journalists and politicians. This link between the BoA and the Administrative Council will be at the mercy of a President who blatantly disregards the rule of law.

The EPO President will appoint a crony – probably a former colleague from France or someone who faces many criminal charges in another country – to the President of the Boards of Appeal and therefore maintain managerial powers relating to the Boards of Appeal Unit. The President of the Boards of Appeal will also serve as Battistelli’s lapdog, serving as competition to the Chairman of the Administrative Council. The reform moreover aims to increase the cost of the BoA within the next years so that it will be easier to justify closure or perpetual downsizing.

The institutional reform will be accompanied by a vastly less attractive career system for the members and chairmen of the BoA, and a relocation in Munich for the Boards of Appeal Unit with a separated building so as to make it harder to go to work and compel many to quit their job. Moreover, new restrictions relating to post-service employment of BoA members and chairmen take into account the need to make it harder to quit (risk of perpetual unemployment) in order safeguard the integrity [sic] of the EPO’s appeal system by preventing any risk of potential conflicts of interest, unlike for example appointment of a friend’s wife to a top EPO position in HR.

“To speak plainly,” wrote one person earlier today, “there are simply not enough safeguards in the EPC against corruption (or to ensure an appropriate balance of power).” The threat of corruption comes not from ordinary employees. Currently, all the alleged corruption comes from the top-level management, i.e. Team Battistelli. To quote the whole comment:

No, not all of us are EPO employees. But, with the AC seemingly in BB’s pocket, what can we do?

In the light of recent events, I fear that only developments outside of the control of the Member States (e.g. an adverse decision from the constitutional court in Germany) could possibly prompt the AC into decisive action. But would we really want it to come to that?

Alternatively, if the media took more interest and thoroughly investigated quite why it is that the AC takes the decisions is does, could the EPO as whole withstand the fallout if clear evidence of votes for cash (or other personal benefit), blackmail or any other illegal activities was obtained? Or would it be even worse if we found out that the reason is that the delegates to the AC genuinely agree with BB’s views?

Sad to say that the problem here lies in the fact that the founding fathers of the EPC did not foresee that the president of the EPO might (mis)use the resources at his disposal to effectively ensure that he controls his overseers. To speak plainly, there are simply not enough safeguards in the EPC against corruption (or to ensure an appropriate balance of power). (I should point out that I am not alleging that there definitely are corrupt practices going on here, just that there is nothing in the EPC that could stop them if there were.)

The problem is of course hugely magnified by the fact that the president of the EPO has immunity, and does not believe that he need recognise the jurisdiction (let alone the judgements) of any national courts. So, if the AC will not bring him to heel, who on earth can? I am clinging to the straw that something positive will come out of the court cases in the Netherlands. However, I am not holding my breath on that (as, even in the event of a decision adverse to the Office, no doubt some way will be found to “fudge” the issue and carry on as normal).

Very sad times at the EPO. It’s like watching a rogue state whose citizens are stranded. They cannot even escape due to newly-issued sanctions. Eponia has become the new North Korea and Battistelli is its Supreme Leader.

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. US Supreme Court (SCOTUS) Keeps Introducing Changes to Patent Law and Patent Policy Under the Trump Administration Still Looks OK

    Judging by what we are seeing so far this year, the US patent system won't be going back into the sordid mess it once was, thanks in part to the Justices of the US Supreme Court and the America Invents Act, signed into law over half a decade ago



  2. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO

    The latest leak suggests that Battistelli not only celebrates immunity from the law but also uses that to take further steps against the Staff Union of the EPO (SUEPO)



  3. Dr. Ingve Björn Stjerna: UPC's “Entry Into Force is Not at all Secured,” Contrary to What Team UPC Says

    The ludicrous notion that the UPC is inevitable and just a matter of time is challenged by longtime UPC observers, including Dr. Ingve Björn Stjerna, who wrote an entire book on the subject



  4. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's

    Backlash in the Netherlands is growing again, primarily as a result of media reports about the EPO's abuses against basic rights and the government's reluctance to put an end to these abuses



  5. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  6. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  7. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  8. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  9. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  10. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  11. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  12. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  13. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  14. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  15. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  16. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  17. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  18. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  19. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  20. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  21. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  22. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  23. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  24. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  25. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  26. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  27. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  28. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  29. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  30. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning


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