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

07.27.16

Patent Lawyers Move Closer to Battistelli’s Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

Posted in Europe, Patents at 7:39 pm by Dr. Roy Schestowitz

‘Pesky’ quality control cannot coexist with Battistelli and middlemen who are paid to trick examiners

Urgent

Summary: Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli’s sorrow legacy at the European Patent Office

TODAY’S EPO is not the EPO which existed decades ago or even a decade ago (before Battistelli). It is so ruthless an employer that critical thinking is simply disallowed or better kept to oneself (because thoughtcrime is impossible to prove/enforce/incriminate).

One judge who allegedly spoke out (anonymously) was not only ousted but also defamed thereafter (in an effort to rationalise the illegal ousting). Now there is collective punishment for those who defended him or simply insisted on a fair trial, justice, and proper (legally-acquired) evidence, not defamatory-yet-unchallengeable claims. “It is not about taking decisions that make sense,” one person wrote the other day about Battistelli’s methods. “It is about punishing…”

One can soon see the similarities to Turkey.

“I know that the president and his cronies will be furiously spinning the “reforms” as being fully justified.”
      –Anonymous
Earlier today the EPO wrote about a page titled “Boards of appeal and key decisions 2016″. How much more of the boards of appeal would Battistelli allow to exist/vanish? He already punishes them like never before. The boards of appeal are the one thing Battistelli is killing faster than anything else (even SUEPO); it helps him lower patent quality without this decline being measurably noticed in the short term (while his term as President continues). Low occupational capacity means that year-to-year figures would not be comparable, never mind the imminent rise in costs (self-fulfilling prophecy when it comes to demand for appeals).

One person wrote to us earlier this week (in relation to the ‘exile’ of the appeal boards) that: “To add insult to injury, the office space available to the Board members and chairmen will be reduced by 36% when moving to Haar (even although office space in Haar is substantially cheaper than in Munich). To put it into perspective: a Board chairman will get less space than an examiner, even although he or she has the same grade as a principal director!”

Another deliberate attack by Battistelli against appeal judges? Incentive to leave/resign/retire? Against those who threaten to show that quality control under his administration has been severely compromised? Battistelli’s “focus upon punishing the Boards of Appeal has led him to a situation that makes no sense,” one person wrote the other day. Here is the full comment:

I know that it is about punishing. That much is blindingly obvious from the plain facts.

The point that I was making is that BB’s [Battistelli] focus upon punishing the Boards of Appeal has led him to a situation that makes no sense from any other perspective.

For example, the Boards have:
been “reformed” in a manner that (according to the perception of many users and AMBA) actually reduces their independence;
been moved, against the express wishes of the users (who argued that physical location had little to do with (the perception of) independence of the Boards); and
had the fees for their services substantially increased, which was directly against the interests of the users and has no objective justification whatsoever (as, for example: there is certainly no shortfall in the EPO’s funding under the current fee structure; and being “subsidised” by renewal fees certainly has no bearing upon independence if the there is no “outside” interference in the setting of the budget of the Boards).

Thus, by any objective measure, BB has failed to achieve his stated objective and has acted against the express wishes of the users. I know that the president and his cronies will be furiously spinning the “reforms” as being fully justified. However, I now wonder whether sanity can be restored by the emergence of a sufficient groundswell of opinion that, contrary to the EPO management’s line, is based upon a credible interpretation of the facts.

“The move may not influence where Oral Proceedings before the BoA will take place,” one person wrote in response. “Does anyone know if just the offices of the BoA members will been moved, or whether also future invitations to Oral Proceedings will be for the “new” building?”

One response to that said: The intention is for oral proceedings also to take place in the Haar building. It is however apparent that only a limited number of o.p. rooms are foreseen, and that it will be necessary to use the same trick which airlines already use, i.e. “overbooking”. If on a particular day all oral proceedings for which summons were issued actually take place and not enough rooms are available, the participants for one or more of those proceedings would be sent home.”

“Battistelli policy is not simple retribution,” said another person. “The aim is to get rid of the board of appeal” (because of the UPC, in our humble assessment). Here is the full comment:

Battistelli policy is not simple retribution. The aim is to get rid of the board of appeal and it is a war of attrition. Let me list the facts:
-the boards have been understaffed for the past 3 years. Members who retired have simply not been replaced, we miss about 30% people.
-as the recent events discussed here show, boards members can be removed from their post at will. They just still get 50% pay till their 5 years contract runs out.
-the new fees make appeal extremely expensive and therefore unattractive.

From talks in the corridors of the Isar building, I would say that most board members recognise the writing on the wall. It is just that they have nowhere to go, they will be prevented to work for 2 years. A large amount of members will simply retire this or next year. What else is there to do? The planned removal to Haar will probably take place with a much smaller DG3.

Furthermore, as the event listed here shows, the Council agrees.

Whatever is happening in Munich right now, it’s not good. Battistelli and his ilk are opportunistically unifying officials around mass shootings today (classic political trick) and this new article shows patent law firms trying to reside in the EPO’s back yard — so to speak — for quicker access if not fast lanes (there are other strategic moves being reported today). “The move aims to strengthen the firm’s European presence and provide a “convenient” meeting place for its clients who appear before the European Patent Office (EPO), which is based in Munich,” says the article. They can even have lunch in some lobby together with examiners, or choose office space in the same building as the judges. And at the same time the boards of appeals are being repelled and pushing out of Munich? Sure, that makes a lot of sense!

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. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  2. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  3. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  4. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  5. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  6. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  7. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  8. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  9. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  10. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  11. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  12. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  13. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  14. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  15. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  16. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  17. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  18. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  19. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  20. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  21. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  22. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  23. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  24. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  25. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  26. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  27. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  28. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  29. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  30. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation


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