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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/07/01/epo-announcement-on-crushing-boa/

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. IRC Proceedings: Friday, March 05, 2021

    IRC logs for Friday, March 05, 2021



  2. Links 5/3/2021: Qubes OS 4.0.4 Release and Wine's Project Leader is Open to Wayland

    Links for the day



  3. How To Deal With Your Raspberry Spy -- Part II: Introduction

    Following Part I, published a few hours ago, let's examine what happened from a technical perspective and what can be done about it technically



  4. How To Deal With Your Raspberry Spy -- Part I: Acknowledgements

    March 2, 2021 blog post series from a guest author; for some background, see blog posts from Microsoft in the official blog of Raspberry Pi and our response to these



  5. German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

    Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)



  6. Techrights in Australia (IPFS and Gemini)

    Allies in Australia will help Techrights serve material from another server; we're still bettering ourselves for an era of oppressive World Wide Web



  7. Professional Troll Matthew Garrett Spreads Libel, Defamation and Slander About the Free Software Community to Entertain Microsoft and Friends

    After months of parking in our IRC channels to provoke and troll people (and try to collect 'dirt' from responses) the professional troll Matthew Garrett has been for many years shows his true colours again



  8. Links 5/3/2021: Linux 5.12-rc2 Imminent, Linux Lite 5.4 RC1 in Review

    Links for the day



  9. IRC Proceedings: Thursday, March 04, 2021

    IRC logs for Thursday, March 04, 2021



  10. Links 4/3/2021: LibreOffice 7.1.1, Cockpit 239, Many Stable Kernel Releases

    Links for the day



  11. Links 4/3/2021: Pardus 19.5 is Out and Free Software Foundation Gets Consulting Grant

    Links for the day



  12. IRC Proceedings: Wednesday, March 03, 2021

    IRC logs for Wednesday, March 03, 2021



  13. The Free Software Foundation Should Re-add Richard Stallman to the Board

    Dr. Richard Stallman is missed by many who perceive him to have been wrongly treated; putting Stallman back in the Board (at the very least) would help the image of the Free Software Foundation more than the newly-announced work with Community Consulting Teams of Boston



  14. Free Software Calling

    Fewer people are willing to "put up with the shit" given by so-called 'Big Tech', seeing that it's mostly about social control rather than enablement or emancipation



  15. Meme: EPO Management Totally Gets 'Tehc'

    The bestest patent office in the whole wide world is besting the “hey hi” (AI) cutting edge; don't worry about exam and certification integrity



  16. The EPO's Software Blunders Are Inevitable Outcome of Technically Clueless Management Which Grants Illegal Patents on Software

    The "clusterfuck" which the EPO has become is negatively affecting not only EPO staff but also stakeholders, who sink into depression and sometimes anger, even fury, at great expense to their health; this is how institutions die (for a quick but short money grab, a culmination of corruption which piggybacks half a century of goodwill gestures)



  17. Links 3/3/2021: OpenSUSE Leap 15.3 Beta, GNU Denemo 2.5, and NomadBSD 1.4

    Links for the day



  18. What Free Software Organisations Can Learn From Australia's Rape Crisis

    Reprinted with permission from Daniel Pocock



  19. Microsoft Weaponises (and Further Spreads) Racism to Distract From Its Own Incompetence (and 'Five Eyes' Collusion for Back Door Access)

    Racist Microsoft is at it again; we're meant to think that China is evil for doing exactly what the United States has been doing but more importantly we're told not to blame Microsoft for shoddy code and back doors (classic blame-shifting tactics and overt distortion of facts, as we saw in the wake of SolarWinds backdoors)



  20. GNU/Linux News Sites Need to Promote Software Freedom, Not Binary and Proprietary Blobs Merely Compiled for GNU/Linux

    There has been lots of proprietary fluff in GNU/Linux 'news' sites so far this week; it merits an explanation or clarification, e.g. why we should generally reject proprietary stuff and instead promote Free/libre alternatives



  21. Links 3/3/2021: OpenSSH 8.5 and Absolute64 20210302 Released

    Links for the day



  22. IRC Proceedings: Tuesday, March 02, 2021

    IRC logs for Tuesday, March 02, 2021



  23. Links 3/3/2021: IPFire 2.25 Core Update 154, Red Hat Satellite 6.8.4, Kiwi TCMS 10.0

    Links for the day



  24. Links 2/3/2021: KDE Plasma 5.21.2, Qt 6.1 Beta, Refund of Pre-installed Windows

    Links for the day



  25. 'GatoKeeper'/IP Kat (AstraZeneca) Still Suppressing and Censoring the Public Views or Internal EPO Talks About EPO Corruption

    The suppression of comments critical of the EPO‘s administration (especially corruption scandals surrounding António Campinos and Benoît Battistelli) is a real problem; those ought not be a taboo subject in comments (where bloggers used to speak about those issues openly and regularly)



  26. Pocock on Removing Cognitive Bias Around Consent

    Reprinted with permission from Daniel Pocock



  27. IRC Proceedings: Monday, March 01, 2021

    IRC logs for Monday, March 01, 2021



  28. Links 2/3/2021: Maui 1.2.1, RSS Guard 3.9.0

    Links for the day



  29. ZDNet Really Hates Golang (Maybe Because Microsoft Does)

    The Golang programming language seems to be the target of intense FUD campaigns from sites connected to Microsoft, so it’s likely a bit of a Nemesis/endgame to Microsoft monoculture (unlike Rust, which Microsoft has already pocketed and is actively besieging to promote Microsoft monopoly and hardware monoculture)



  30. Links 1/3/2021: KStars 3.5.2, ET: Legacy 2.77, Flameshot 0.9

    Links for the day


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