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


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.

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. Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its 'Reforms', Even Without the UPC

    With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO's terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion -- a fiscal environment ripe for shells)

  2. The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

    The money-obsessed, money-printing patent office, where the assembly line mentality has been adopted and patent-printing management is in charge, is devaluing or diluting the pool of European Patents, more so with restrictions (monetary barriers) to challenging bad patents

  3. Links 17/3/2018: Varnish 6, Wine 3.4

    Links for the day

  4. Deleted EPO Tweets and Promotion of Software Patents Amid Complaints About Abuse and Demise of Patent Quality

    Another ordinary day at the EPO with repressions of workforce, promotion of patents that aren't even allowed, and Team UPC failing to get its act together

  5. Guest Post: Suspected “Whitewashing” Operations by Željko Topić in Croatia

    Articles about EPO Vice-President Željko Topić are disappearing and sources indicate that it’s a result of yet more SLAPP from him

  6. Monumental Effort to Highlight Decline in Quality of European Patents (a Quarter of Examiners Sign Petition in Spite of Fear), Yet Barely Any Press Coverage

    he media in Europe continues to be largely apathetic towards the EPO crisis, instead relaying a bunch of press releases and doctored figures from the EPO; only blogs that closely follow EPO scandals bothered mentioning the new petition

  7. Careful Not to Conflate UPC Critics With AfD or Anti-EU Elements

    The tyrannical Unified Patent Court (UPC) is being spun as something that only fascists would oppose after the right-wing, anti-EU politicians in Germany express strong opposition to it

  8. Links 15/3/2018: Qt Creator 4.6 RC, Microsoft Openwashing

    Links for the day

  9. PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset

    The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB

  10. Patent Maximalists Are Still Trying to Create a Patent Bubble in India

    Litigation maximalists and patent zealots continue to taunt India, looking for an opportunity to sue over just about anything including abstract ideas because that's what they derive income from

  11. EPO Staff Has Just Warned the National Delegates That EPO's Decline (in Terms of Patent Quality and Staff Welfare) Would Be Beneficial to Patent Trolls

    The staff of the EPO increasingly recognises the grave dangers of low-quality patents -- an issue we've written about (also in relation to the EPO) for many years

  12. The EPO is a Mess Under Battistelli and Stakeholders Including Law Firms Will Suffer, Not Just EP Holders

    As one last 'gift' from Battistelli, appeals are becoming a lot more expensive -- the very opposite of what he does to applications, in effect ensuring a sharp increase in wrongly-granted patents

  13. The EPO Under Battistelli Has Become Like China Under Xi and CPC

    The EPO is trying very hard to silence not only the union but also staff representatives; it's evidently worried that the lies told by Team Battistelli will be refuted and morale be affected by reality

  14. Links 14/3/2018: IPFire 2.19 – Core Update 119, Tails 3.6

    Links for the day

  15. Links 13/3/2018: Qt Creator 4.5.2, Tails 3.6, Firefox 59

    Links for the day

  16. Willy Minnoye (EPO) Threatened Staff With Disabilities Said to Have Been Caused by the EPO Work Pressures

    Willy Minnoye, or Battistelli's 'deputy' at the EPO until last year, turns out to have misused powers (and immunity) to essentially bully vulnerable staff

  17. IAM and IBM Want Lots of Patent Litigation in India

    Having 'championed' lobbying for litigation Armageddon in China (where IBM's practicing business units have gone), patent maximalists set their eyes on India

  18. The Patent Trolls' Lobby (IAM) Already Pressures Andrei Iancu, Inciting a USPTO Director Against PTAB

    Suspicions that Iancu might destroy the integrity of the Office for the sake of the litigation ‘industry’ may be further reaffirmed by the approach towards patent maximalists from IAM, who also participated in the shaming of his predecessor, Michelle Lee, and promoted a disgraced judge (and friend of patent trolls) for her then-vacant role

  19. Patent Trolls in the United States Increasingly Target Small Businesses Which Cannot Challenge Their Likely-Invalid Software Patents

    South by Southwest (SXSW Conference/Festivals in Austin, Texas) has a presentation about patent trolls, whose general message may be reaffirmed by recent legal actions in Texas and outside Texas

  20. EPO Staff Union Organises Protest to Complain About Inability “of the Office to Recruit the Highly Qualified Staff it Needs.”

    Having already targeted union leaders and staff representatives, the EPO may soon be going after those whom they passionately represented and the staff union (SUEPO) wants the Administrative Council to be aware

  21. Battistelli Likes to Describe His Critics as 'Nazis', Team UPC Will Attempt the Same Thing Against UPC Critics

    Demonising one's opposition or framing it as "fascist" is a classic trick; to what degree will Team UPC exploit such tactics?

  22. Session in Bavaria to Discuss the Abuses of the European Patent Office Later Today

    The EPO shambles in Munich have gotten the attention of more Bavarian politicians, more so in light of the Constitutional complaint against the UPC (now dealt with by the German FCC, which saw merit in the complaint)

  23. Links 12/3/2018: Linux 4.16 RC5, KEXI 3.1, Karton 1.0, Netrunner 18.03, Debian 9.4

    Links for the day

  24. EPO Patent 'Growth' Not Achieved But Demanded/Mandated by Battistelli, by Lowering Quality of Patents/Services

    Targets at the EPO are not actually reached but are being imposed by overzealous management which dries up all the work in a hurry in order to make examiners redundant and many European Patents worthless

  25. Doubt Over Independence of Judges at the EPO Clouds Reason in Deciding Regarding Patents on Life

    With the growing prospect of a Board of Appeal (BoA) having to decide on patentability of CRISPR 'innovation' (more like explanation/discovery), questions linger or persist about judges' ability to rule as they see fit rather than what some lunatic wants

  26. Patent Academics and CAFC Make a Living Out of Patents, But Both Must Begrudgingly Learn to Accept That Patents Went Too Far

    A look at academic pundits' views on the patent system of the United States and where the Federal Circuit (a high patent court) stands on these matters after the US Supreme Court (highest possible court) lashed out at many of its decisions, especially those from the disgraced Rader years

  27. Patent Maximalists Cause a Crisis of Legitimacy for Patent Law

    The patent extremists who nowadays equate monopolies on mere ideas to "property" and "rights" gradually cause the public to lose respect for patents, more or less in the same way copyright maximalists (and copyright trolls) cause the population to seek alternatives (both legal and illegal)

  28. We Shall Soon Find Out Where Trump Appointees Such as Neil Gorsuch Stand on Patent Policies

    Staff shuffles at top-level roles will soon reveal what Donald Trump's changes mean to patent law and caselaw

  29. Trump's USPTO Changes Patent Designs, Changes Director/Deputy Director, and Anticipat 'Ranks' Patent Examiners Based on How They Deal With Section 101

    Today's USPTO isn't the same USPTO which was managed by Michelle Lee and anti-PTAB groups (proponents of software patents) have begun profiling examiners based on their stance on abstract/software patents -- a form of neo-McCarthyism

  30. Links 10/3/2018: Amarok 2.9.0, Debian 9.4, Sparky 5.3

    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