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

07.07.16

Weapons of Mass Distraction at the EPO Cost the EPO Millions of Euros

Posted in Europe, Patents at 5:30 am by Dr. Roy Schestowitz

Human rights abuses rely on complicit or apathetic media to carry on; independent inquiry well overdue

Benoît Battistelli in The Sun

Summary: Benoît Battistelli’s EPO continues to manipulate the media and waste millions of Euros (EPO budget) on Battistelli’s reputation laundering while his sheer abuses carry on uncovered (or barely covered)

THE past week has been relatively quiet not just because of US holidays but also because of the summer vacation. Having said that, there are new articles about the EPO in the German media and Battistelli’s expensive lobbying event helped interject him into news (“said EPO president Benoît Battistelli.”)

“The FTI Consulting contracts with the EPO sure give reasons for concern.”Want to help the EPO waste another 3,000,000-7,000,000 Euros on a similar lobbying event next year? The EPO asks: “Want to nominate an inventor for the European Inventor Award 2017? Find out here what patents they hold” (just forget about those who killed people and were honoured by the EPO). The FTI Consulting contracts with the EPO sure give reasons for concern. It is money down the drain and it enables Battistelli to get away with human rights abuses, so EPO budget is being used for Battistelli’s private vendetta (like smearing judges) rather than EPO interests. “The Tour de France is now under way,” the EPO wrote yesterday, “You may not know these bike-related patent facts” (another example of the EPO piggybacking events like the Tour de France for PR, and speaking of bikes, recall the recent Battistelli scandal). With puff pieces like these, no wonder many continue to ignore the EPO’s abuses and Team Battistelli disgracing France. Yesterday for example, MIP’s James Nurton, who spoke to Battistelli earlier this year, repeated the EPO’s lies which warp the reality of lost independence and make it seem like gain of independence. They try to make it seem like all problems are resolved when in fact the very opposite is true. To quote this one new comment about it:

Very disappointing that all the disciplinary issues have been swept under the carpet until October. But is that a cleverer move than it first appears? I recall a rumour that the judgment of the Dutch Supreme Court in the SUEPO/EPO case is due in September. If that is true, and if the judgment goes against the EPO, it should make for a very uncomfortable October AC meeting for Battistelli.

“I agree,” wrote another person. “Having the banned judge just wait for another four months in uncertainty is just irresponsible. And congratulations for the three oxymora in a single contribution: a clever move of the AC, a court judgement against the EPO, an uncomfortable AC meeting for Battistelli.”

Battistelli “gives the Staff Council less than 24 hours to review documents,” according to this person, so “presumably the BOAC can treat the President in the same way, meeting the letter of the law but giving him no real opportunity to interfere.”

The longest comment which we found yesterday spoke about Rule 12c:

The new Rule 12c says “On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment, the Committee set up under paragraph 1 (BOAC) shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “

To understand the significance of the changes you need to go to Article 23 (4)EPC:
(4)The Rules of Procedure of the Boards of Appeal and the Enlarged Board of Appeal shall be adopted in accordance with the Implementing Regulations. They shall be subject to the approval of the Administrative Council.
http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar23.html

The relevant Implementing Regulations are Rules 12 and 13 EPC.

According to Rule 12 EPC, the Presidium shall adopt the Rules of Procedure of the Boards of Appeal.
According to Rule 13 EPC, the members of the Enlarged Board of Appeal appointed under Article 11, paragraph 3, shall adopt the Rules of Procedure of the Enlarged Board of Appeal.

In both cases, the rules of procedure “are subject to the approval of the Administrative Council” but they are adopted by “autonomous organs” of the Board of Appeal.

Under the new regulations, the rules of procedure are no longer adopted by “autonomous organs” of the Board of Appeal.
They are adopted by a subcommittee of the Administrative Council (the BOAC).
The organs of the Boards of Appeal have some input to this process but they are no longer responsible for adopting their own rules of procedure.

According to my analysis of the situation that amounts to a loss of autonomy.
I do not see how it enhances the independence of the Boards.

Another commenter jokes by pretending to be “JK and BB” (Battistelli and Kongstad) and says “that´s an unfortunate slip of the pen, due to the late hour. We of course meant: “On a proposal from the President of the Boards of Appeal … the Committee … (BOAC) shall adApt [not adopt] the Rules of Procedure …””

Battistelli, who keeps breaking his very own rules, is changing them to suit his personal agenda. Why isn’t the media covering these serious scandals? The Register is the only English-speaking publication doing so nowadays, risking the wrath of legal bullying by Battistelli and his flunkies.

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. Ahead of Supreme Court Decision, the Patent Microcosm is Trying to Scandalise PTAB

    The Patent Trial and Appeal Board (PTAB), which defends many businesses from bogus patents and patent trolls, comes under fire from protectors of the trolls (or those who profit from patent Armageddon/legal chaos)



  2. Benoît Battistelli's Misbehaviour Condemned the UPC to Death

    Press coverage regarding the cause for Germany's decision to halt UPC ratification, with suspension pending in part owing to the serious abuses in Munich and Berlin



  3. The Patent Microcosm is Pushing Hard to Weaken Alice and Revoke PTAB's Authority Using an Upcoming Supreme Court Case

    Patent profiteers (not inventors) continue their shameful campaign against Alice and PTAB now that software patents are in shambles and many get invalidated without them being used litigiously



  4. News About Patents Dominated by Patent Trolls/Aggressors, Their Press Releases, and Sympathisers

    A collection of news items from yesterday, demonstrating just to what degree the narrative of patent trolls (or aggressors) is being spread by paying for distribution



  5. Amazon's 1-Click Patent Continues to Tarnish the Image of the USPTO and of Patents in General

    Public ridicule and scorn over the shallowness of patents granted in the US is inevitable (Amazon has a patent even on white background in photographs), demonstrating that patent maximalism does nobody a favour, only a great disservice to both patenters and the public at large



  6. Bristows LLP Tries Hard to Maintain the Illusion That UPC is Alive, Using Media Placements and Paid Plugs

    Ever-so-desperate efforts to keep the Unitary Patent (UPC) in headlines, even though nothing is happening and nothing is likely to happen any time soon



  7. Links 22/8/2017: Linux 4.13 RC6, Mesa 17.1.7, Wine 2.15, Android O

    Links for the day



  8. IRC Proceedings: July 2nd – July 29th 2017

    Many IRC logs



  9. IRC Proceedings: June 4th – July 1st, 2017

    Many IRC logs



  10. IRC Proceedings: May 7th – June 3rd, 2017

    Many IRC logs



  11. IRC Proceedings: April 9th, 2017 – May 6th, 2017

    Many IRC logs



  12. Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

    Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid



  13. Litigation and Patenting Versus Research and Development

    reminder of who's 'stealing' jobs from engineers and who it is done for (who benefits from mass taxation rather than actual production)



  14. The Federal Circuit Has Become the Go-To Place For Patent Appeals Arising From USPTO Errors

    Patent appeals that come to CAFC as a result of bad Patent Office decisions now outnumber the appeals coming from district courts (an extraordinary situation)



  15. The Truly Odd Concept of Design Patents, Which the US Supreme Court Might Crush Very Soon

    The epidemic of shallow patents, which has already resulted in patents on mere designs, be soon end; but not before an unprecedented gold rush for such patents



  16. Quality of European Patents Has Sunk, Value Diminished

    The trouble associated with declining patent quality at the European Patent Office and early warnings about it from the staff union



  17. The Notorious 1-Click Buying Patent Expired Rather Than Invalidated

    As proof of the fact that many bogus patents (typically on software) are worthless but not invalidated, we now have Amazon's patents reaching their end of life



  18. PTAB Crushes Software Patents and Patent Extremists Are Not Happy About It

    The Patent Trial and Appeal Board (PTAB), a legal facility which invalidates many software patents, still faces opposition from those who profit from software patents (not software developers)



  19. Software Patents and Patent Trolls Are Almost the Same Problem (Still)

    Apple just got sued again, Microsoft-connected patent trolls continue serial litigation against Microsoft's competitors, and a bike shop gets sued using software patents



  20. Links 20/8/2017: KStars 2.8.1, Fedora Design Interns

    Links for the day



  21. Lack of Independent Judiciary Under the Unitary Patent (Like Boards of Appeal Under Battistelli, in Defiance of the EPC) Will Possibly Kill the Unified Patent Court

    Germany, a key player in UPC negotiations (most patents at stake), cannot proceed to ratification and Britain's expected exit from the European Union further restricts any progress



  22. The Staff Union of the EPO Has Long Warned About Declining Patent Quality

    The quality of granted European Patents (EPs) has been declining sharply and the EPO's staff representatives have warned about it for a long time, only to find themselves severely reprimanded for telling the truth



  23. The EPO's Management Needs a Perception of Security Crisis

    The EPO follows that familiar pattern of writing about every Islamic terror attack in Europe (and in the US too) while media in Munich tells a story where facts are yet uncertain



  24. Links 18/8/2017: Wallpaper of Plasma 5.11, Oracle Liberates Java EE a Bit

    Links for the day



  25. Links 17/8/2017: Krita 3.2.0, New Raspbian GNU/Linux OS

    Links for the day



  26. Corruption at the European Patent Office and Systematic Bullying That Leads People to Suicide/Bankruptcy

    A look back at 3 years of intensive EPO coverage and what's coming up next (suppression of truth behind closed doors in the courtrooms)



  27. Supreme Court Decision on TC Heartland v Kraft Food Brands Group Already Vacates the Eastern District of Texas

    Patent trolls are losing their mojo as patent lawsuits drop 21% in the Eastern District of Texas and this collapse is expected to accelerate



  28. Media Dominated by the Patent Microcosm Spreads Myths and Defends Patent Trolls, Collectors

    Popular culture myths, such as Edison being a prolific inventor, and what we all ought to know about an actual patent epidemic (vast increase in the number of patents granted, bringing the total to over 10 million in the US)



  29. The Patent Trial and Appeal Board Squashes Many Software Patents (Abstract) and §101 Seems Safe From Lobbying by the Patent Microcosm

    The Patent Trial and Appeal Board (PTAB), together with the Alice-inspired §101, is an efficient eliminator of bogus patents on software and there is no end to that in sight



  30. Ericsson Hired From the World's Largest Patent Troll and Became a Massive Troll in Europe

    Ericsson's patent aggression campaign (even in Europe) carries on; it turns out the person behind this strategy came from Intellectual Ventures


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