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


What If EPO Under Battistelli Gets Broken Beyond Repair Just Like the UPC?

Posted in Europe, Patents at 7:53 pm by Dr. Roy Schestowitz

Not only the Unified Patent Court (UPC) is going down under but also its chief proponent, who might take the Office and the whole Organisation with him to the grave unless his nepotists’ regime gets stopped peacefully (unlike in Turkey right now)

Battistelli digs his own UPC grave

Summary: The latest evidence surrounding the demise of the EPO’s reputation and quality of work, as well as the demise of the system Battistelli forcibly tries to introduce (a race to the bottom)

THE EPO is preparing for the next lobbying event of Battistelli. It will (if he survives this long in the job) cost him millions of Euros. Oh wait, no… he'll have the EPO foot the bill, as usual. What has happened to the EPO? Even the marketing stinks (almost no tweets today and in yesterday’s truly awkward tweet no links were included, just the usual and rather corny stock photography). People keep telling me (privately) that quality of patents nosedived and some people even write about it publicly. This clearly isn’t the EPO I respected and wrote about (sometimes positively) a decade ago. It is rapidly going defunct and if we strive to save the EPO, then we aren’t doing a terribly effective job so far. The deeper Battistelli sinks, the more damage is caused and still he refuses to resign while the Administrative Council fails to do its job and fire him. That’s just how messed up the Office and the whole Organisation became after Battistelli’s (and his circle) coup. “I don’t know,” wrote one person today about whether Battistelli just wants to ruin the Office. “However, I have my suspicions that money may be at the root of all of this.” Remember that Battistelli’s contracts remain secret and information we have about his current salary contradicts what he publicly stated. The Administrative Council’s Chairman is complicit in hiding information about this, so what kind of oversight is this? Even FIFA looks like an institution of integrity compared to this.

“The Administrative Council’s Chairman is complicit in hiding information about this, so what kind of oversight is this?”It might take a while longer to save the EPO (meaning, saving it from the coup d’état), but one thing that won’t be saved is the UPC, at least right here in Britain. This ‘baby’ of Battistelli is being “knifed” (to use the proverb) before it’s even born.

“Following Brexit,” said IP Magazine, “the EPLIT has urged the government to take the necessary steps in ratifying the UPC Agreement” (EPLIT is just a bunch of self-serving parasites and this article, which is behind a paywall, fails to say that EPLIT overlaps Team UPC, i.e. those who stand to benefit from their own antidemocratic creation).

“Even FIFA looks like an institution of integrity compared to this.”To quote the article: “Following the UK’s June ‘Brexit’ vote, the European Patent Litigation Association (EPLIT) has urged the country’s government to take the necessary steps in ratifying the Unified Patent Court (UPC) Agreement ‘as soon as possible’.”

Once again they are showing their true colours and utter disdain for democracy or law for and by the people. This is a theft of democracy; they’re trying to steal democracy in order to increase their profits. They’re not even hiding it anymore.

“A longtime pro-UPC blog finally admits that UPC is in very serious trouble.”Truth be told, the UPC is dying, hence its constructors are rather nervous. They’ve tried to write the law behind closed doors for a number of years and it all goes down in flames this past month. Cronyism is self-defeating in this case.

A longtime pro-UPC blog finally admits that UPC is in very serious trouble. Earlier today it published “Brexit vote: ‘Prepared path to Unitary Patent system might not exist anymore’” [via]

To quote a portion: “Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel Walz, co-founder of the IP Dispute Resolution Forum (IPDR) in Munich, these topics have been discussed a lot among German colleagues after the UK vote of 23 June 2016 to leave the European Union. In an interview with Kluwer IP Law Walz said he thinks it is ‘at least doubtful’ whether EU law allows for the establishment of a Unitary Patent system with the inclusion of a non-EU-member.”

Henrion wrote about the above that “European companies are still protected from the harmful effects of UPC specialized patent court and patent trolls…”

Well, we need to ensure it stays that way.

Regarding the UPC and EPO, one person wrote at IP Kat:

May i suggest that someone might like to check what the EPO management’s line on all this is? Rumour had it that top management may be preparing for a delay in the EU patent with consequences for other projects/roadmaps. That may be an indicator of what is going to happen. The EPO won’t dictate matters but will be reliant and perhaps well informed.

Well, the UPC is increasingly being recognised as a dead end by the legal community/profession, as we showed here before. A day or two ago two more articles were published on this matter. One was titled “Is Brexit an IP Exit?” It said: “The Unitary Patent, which has been moving towards approval, provides for a single patent which can be granted for all EU-member countries, with a single Unified Patent Court for enforcement throughout the EU. Prior to the Brexit vote, it was widely expected that the Unitary Patent and Unified Patent Court would be implemented by mid-2017. However, it is likely that the uncertainty created by the Brexit vote will delay this implementation date. Moreover, many commentators believe that the U.K. is unlikely to be allowed to participate in the Unitary Patent and Unified Patent Court after it leaves the EU, as it would require the EU to provide the U.K. with a benefit without its corresponding EU obligations.”

“Rumour had it that top management may be preparing for a delay in the EU patent with consequences for other projects/roadmaps.”
Another new article about this was titled “Brexit Prompts IP Uncertainty for US Portfolios” and it said that “[s]hort-term, the exit will have little to no effect on patents. The UK is a signatory to the European Patent Convention of 1973. As such, its patent system is governed by the European Patent Office (EPO). The EPC is a treaty separate from the EU. Indeed, countries such as Albania, Norway and Switzerland are not members of the EU, but are member states of the EPO. Similarly, it is anticipated that the UK will remain a member state of the EPO, and UK patents and process will still be governed by the EPC.

“That said, the EU was expected to launch the so-called Unitary European patent system and a Unified Patent Court (UPC) to resolve issues related to the Unitary Patent. Under this new unitary patent system, a single EU patent would issue from the EPO, offering patent protection throughout the entire EU. This contrasts with the current EPO system, under which the EPO performs a centralized examination and then returns the application to the individual national patent offices, which then issue their own national patent, conferring their respective bundles of patent rights. It was anticipated that the EPC would receive sufficient ratification signatures to come into effect sometime in 2017.

“You want only justification for the existence of the UPC.”
“However, the terms of the EPC agreement require UK ratification of the agreement in order to come into effect. If the UK is outside of the EU, it is reasonably anticipated that that launch of the Unitary Patent and the UPC may be delayed. We are waiting to hear from the respective EPC negotiators what specific effect the formal withdrawal will have. For example, the agreement may be altered to remove the requirement of the UK accession, and proceed with another country as one of the three required signatories. Alternatively, and depending on how other bi and multilateral negotiations progress, it is also possible that the UK might be permitted to join the unitary patent system without being a member of the EU. Accordingly, due to the uncertain future of the unitary patent system, clients planning to take advantage of that system should reevaluate their future filing strategies.”

Going back to IP Kat, one person wrote in a tongue-in-cheek fashion: “You want only justification for the existence of the UPC. You are a true European. President Juncker will add you to his Christmas card list.”

Another person was sort of faking (wishful thinking) a statement of UPC agenda and someone wrote that “UPC will create a single point of failure for software patents in Europe,” demonstrating that not only patent lawyers ‘in the know’ are involved in this discussion at this stage. Responding to “they DO represent all of British industry” (about a bunch of patent maximalists) the person said: “Sorry, my company was not part of it. The UPC will create a single point of failure for software patents in Europe, and those patent crooks can hardly deny that. In fact, we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive.”

“…we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive.”
Notice the part which says “we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive.” Is it 2005 all over again? Will it ever be?

An anonymous commenter said: “What are you on about? It isn’t clear to me whether you want or don’t want software patents. I wouldn’t want you representing me…”

Well, clearly not a software developer this last comment… no software developer that I know ever wanted or defended software patents. The more software professionals get involved in this debate (over UPC) at this stage, the better. Battering of what remains of the UPC will help ensure it’s nailed inside a coffin for good; no more renames and embellishing (for marketing to new European politicians who are clueless on these matters).

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. The 'Linux' Foundation is Acting Like a Microsoft ISV Now, Commitment to Linux and FOSS Deteriorates Even Further

    The Linux Foundation has just announced a new Microsoft-funded initiative that's pushing GitHub and CLAs (passing copyrights on code to corporations)

  2. Links 18/7/2019: OPNsense 19.7, Krita 4.2.3 and KDevelop 5.3.3 Released

    Links for the day

  3. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)

  4. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."

  5. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout

  6. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat

  7. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better

  8. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings

  9. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it

  10. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')

  11. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day

  12. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day

  13. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste

  14. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again

  15. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of

  16. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux

  17. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat

  18. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show

  19. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day

  20. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day

  21. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy

  22. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers

  23. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago

  24. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day

  25. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year

  26. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.

  27. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group

  28. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)

  29. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors

  30. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests

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