07.28.16

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To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

Posted in Asia, Europe, Patents at 9:38 am by Dr. Roy Schestowitz

Not just in terms of human rights, potentially patent quality as well

Erdoğan and EPO
Original photo: Erdoğan, 2012

Summary: Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections

Battistelli is dangerous. He destroys the Office (EPO) having already repelled and driven away a lot of the top talent. There’s no way to attract these workers back and the EPO, based on the hard facts (not Bergot's lies), is unable to attract skilled workers. Maybe that’s what Battistelli wants. A bunch of young workers would be more obedient (also cheaper as per the salaries scale) and they would fail to identify or understand prior art, thus approve a lot more applications erroneously. Battistelli sure doesn’t stand any judges (maybe “penis envy” as per the psychological theory, metaphorically alluding to intelligence), not even the ones who rule against him in high courts at The Hague. Remember who has just suspended literally thousands of judges (among people in other ranks). It was Erdoğan.

“Remember who has just suspended literally thousands of judges (among people in other ranks).”In many ways, Battistelli is not just a French republican (he is a politician) but somewhat of a Maoist Chinese ruler or Sultan like Erdoğan. AMBA, which represents the broads of appeal that Battistelli has been busy attacking lately, issues a statement in the front page of its Web site. The statement (noted in this comment) says: “Much depends on the how the BoAC and the President of the BoA choose to act. This could lead either to an increase in independence, or the opposite. For 40 years, the President of the Office and the Vice President of DG3 have enjoyed broad discretionary powers. The BoAC and the President of the BoA have similar powers, and their decisions could lead to problems similar to those underlying R19/12. The reform, rather than transferring the problem, should rather have set new guarantees in the written text of the law (albeit secondary law).”

Well, since the President of the BoA is elected in part by Battistelli himself, we can safely assume that he or she will either be a Battistelli crony or somewhat afraid enough of Battistelli (no independence) to simply appease Battistelli at every turn. How is that improved independence?

EPLAW, which represents patent law firms, commented on this ‘extrajudicial killing’ of the appeals processes at the EPO (that’s pretty much what the systematic attacks on the boards boil down to), citing AMBA and saying: “Eventually, the perception of independence has turned out to be the guidance for the structural reform, not independence in substance. The EBA’s decision R 19/12 continues to show its consequences.”

“Whatever remains of the EPO after DG3 is priced out of reach and understaffed even further in tiny overcrowded out-of-Munich offices, it will never be the same.”Battistelli is killing one of the cornerstones of the EPO as per the EPC, namely the appeals process. “Killing it softly” as the song goes… and “the trickle approach of undermining DG3 until it becomes untenable,” this one new comment noted. The full comment says: “My sympathies from DG1. Decisions made openly and for a logical reason, however personally painful, can be borne and normally solutions would be sought. In this case , it’s plotting and playing with people’s lives for no clearly stated reason. As you say, it’s the trickle approach of undermining DG3 until it becomes untenable – no replacement of members leads to an inevitable running down of DG3′s effectiveness. A normal consideration, if this were to be inevitable,would be to manage this and to involve staff in preparing both the office and their careers for the future. The current situation could not be further from this. You don’t deserve this. Nobody does. Again, my sympathies.”

Whatever remains of the EPO after DG3 is priced out of reach and understaffed even further in tiny overcrowded out-of-Munich offices, it will never be the same. Talented judges are likely to seek employment elsewhere and this is probably what Battistelli wants. He wants to dim down the lights and make life rather hard so as to induce a ‘natural death’. This is something he has already done to SUEPO (only with limited success because blowback comes from the entire staff).

The EPO now shares more than just disregard for human rights with China. It also adopts the low(er) patent quality which China is notorious for. AFD China Intellectual Property Law Office has just said that “SIPO and the European Patent Office (EPO) decided to renew the MOU on beefing up patent classification cooperation for another 6 years.”

“Turkey is a member of the EPO, don’t forget that, and Battistelli already meets similar types of rulers (if not much worse)…”Oh, look, another MoU. The original page (in English) is dated two weeks ago. Is this something which Battistelli can really brag about? Becoming more like China?

The country is ranked very low (boding poorly) on human rights in many areas and Western think tank (or propaganda mill) “Freedom House rates China as a 6 (the second lowest possible rank) in political freedoms.”

Team Battistelli sent me several legal threats for my reporting, even after I had gotten a high-profile solicitor on my side. Erdoğan would be proud of Battistelli; have they met yet? Turkey is a member of the EPO, don’t forget that, and Battistelli already meets similar types of rulers (if not much worse)…

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