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

07.05.16

SUEPO “Speechless” About Administrative Council Delegates for “Cavalier Attitude Towards Law-Making” and “Contempt for Consultative Processes”

Posted in Europe, Patents at 1:49 pm by Dr. Roy Schestowitz

Battistelli and Kongstad

Summary: The latest Administrative Council meeting served to reinforce the belief that delegates are little more than lapdogs of Benoît Battistelli, no matter what abuses he’s implicated and directly involved in (the subject is hardly even brought up anymore)

LAST week we wrote many articles about the EPO because it was a rather jaw-dropping week which further defended allegations that the Administrative Council is in the pocket of Battistelli rather than its overseer.

This morning someone (not SUEPO) leaked to us the following statement that SUEPO had issued several days ago:

News from the 148th Meeting of the Administrative Council

The decision-making process in the Council has reached a new, absurd, depth.

CA/15/16 (self-insurance for health-care costs) was accepted without discussion.

CA/52/16 (standards of conduct and investigations) and CA/53/16 (review of the disciplinary procedures) were removed from the agenda and postponed to the next meeting without any comments or discussion.

The Council then focused on CA/43/16 (reform of the Boards of Appeal) and CA/29/16 (post-service employment restrictions). On the first day a lengthy discussion took place, with interventions of twenty delegations mostly opposing the proposals and the fact that they were presented as a package. At the end of the day, the Chairman suggested that the Board 28 should prepare, together with the President and its team, a new version of both documents for the next day. New versions, CA/43/16 Rev.1 and CA/29/16 Add.1 Rev.1, were indeed adopted as a package almost without any discussion, with 35 votes in favour, only one vote against (NL) and two abstentions (HR, IT). We are speechless about the delegations’ complete change of mind overnight, their cavalier attitude towards law making (overnight haste work) and their contempt for consultative processes.

It is not clear to what extent the resolution adopted in the March Council and the recent Enlarged Board of Appeal decision were discussed in the confidential session. It appears that the Council delegates chose to ignore Mr Battistelli’s total disregard for their resolution, as well as his interference in the procedure before the Enlarged Board of Appeal.

SUEPO Central

Looking at IP Kat today (quiet day, possibly because it’s holiday in the US), there was only the following new comment about the abuse of justice by Battistelli — a long thread which over time developed into a discussion about BOAC (putting a Battistelli-appointed President in charge of the accused judge and his colleagues). To quote:

I said the amendments don’t do everything you might want, but they do address some of the concerns. They pick up some of CIPA’s suggestions, but not all of them. So they’re an improvement, but not perfect.

CIPA aside, AMBA was largely ignored. It’s probably AMBA’s input that should have carried more weight.

I took one of your concerns as an example: that the Rules of Procedure would be drafted by the BOAC. If that was ever proposed, then it is several months out of date.

Recall that last November BB [Battistelli] said that the Office (i.e. BB) would propose the RoP. Everyone said that was unacceptable. The AC told him to think again.

The AC (Administrative Council) has no bearing on Battistelli’s behaviour, as his action and inaction demonstrate (not obeying the Administrative Council’s demands and even extending the attack on staff representatives to The Hague, as noted above by SUEPO). There is hardly any separation between Battistelli and the Administrative Council anymore. There are also financial strings that ought not exist. Quoting further from the comment:

In February this year, BB made revised proposals. I don’t know exactly what they said about the RoP, but there was a big falling out between BB and the AC. The AC decided that Board B28 would tell BB what to say about the reform of the Boards of Appeal.

At the start of the latest AC meeting, therefore, CA/43/16 said that the new President of the Boards of Appeal would propose the RoP to the BOAC, and that he would be advised in this by the Presidium. Thus, the RoP would not be drafted by the BOAC, but within the Boards of Appeal, as at present.

CIPA requested that users should be consulted as well, preferably by having observer status on the BOAC. The amendment CA/43/16 Rev.1 made during the AC meeting doesn’t go that far, but it does say that the BOAC should consult users, particularly about the RoP.

Four months ago Board 28 (B28) lashed out at Battistelli and given that Battistelli has only gotten more abusive since (enhancing attacks on staff representatives and subverting the course of justice), it is not clear what has changed. Maybe the bully just made “Battistelli” the “B” in B28. Maybe the endless lies about “productivity” (in the future we shall demonstrate again that these were lies) helped silence them. Lying is very common in Team Battistelli, as we last illustrated last night.

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. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  2. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  3. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  4. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  5. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  6. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  7. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  8. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  9. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  10. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  11. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  12. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  13. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  14. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  15. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  16. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  17. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  18. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  19. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  20. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  21. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  22. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  23. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  24. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  25. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  26. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active



  27. New EPO Meme: Who Wants to Make Billions From a 'Public' Monopoly?

    What was supposed to be a cash-balanced patent office became a money-making monster that fakes ‘crises’ to attack hard-working examiners



  28. EmacsConf Without Richard Stallman

    Now that emacs is being 'rebranded' this kind of meme seems apt



  29. IRC Proceedings: Thursday, October 17, 2019

    IRC logs for Thursday, October 17, 2019



  30. Guest Article: In the Absence of Richard Stallman OEM Source Software ('Open Source') is Trying to Hijack Even Emacs

    "Now they have to create some fictional history. No need to worry."


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