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

08.09.16

“EPO is Quickly Turning Into a Registration System”

Posted in Europe, Patents at 12:44 am by Dr. Roy Schestowitz

Under Battistelli, the European Patent Office (EPO) simply neglects examination and turns examiners into machine operators

EPO Frame Breaking
Context: “The Luddite movement emerged during the harsh economic climate of the Napoleonic Wars”

Summary: Benoît Battistelli is breaking to pieces the world’s leading patent system, which took decades to build and refine, in order to increase what he foolishly labels ‘production’ (a race to the bottom)

THE EPO, based on insider knowledge, is not just repeating the mistakes of the USPTO but becoming even worse than the USPTO. Patent quality, say workers, is declining to the point where things will become irreversibly grim. “Apparently,” one person wrote yesterday, “the EPO is quickly turning into a registration system,” which means that Battistelli has killed the EPO as an examination office. Do people high up in Europe even care? Do they realise how much damage this would cause? The PR drones are keeping Battistelli in house and calling, now on a daily basis (sometimes several times per day), for European Inventor Award 2017 nominations. It is a wasteful lobbying event which promises to do nothing but empty the EPO’s coffers for publicity points (scored by Battistelli himself, at the expense of the EPO). They are also propping up a dead forum and advertising an event organised in “close co-operation with” a think tank/lobbying group (warning: mouse-clicks can be spied on by EPO) that is in favour of software patents and is connected to the world’s largest trolls (like Intellectual Ventures). It’s the same IPO (not to be confused with UK-IPO) which was against patents in ACTA and is against Alice. “This high-level event is organised in close co-operation with the Intellectual Property Owners Association (IPO),” the EPO says. What does that tell us about the EPO’s neighbourhood now? Patent trolls, proponents of software patents, and US businesses that favour software patents? The EPO does not care about patent quality and scope anymore. All it cares about is so-called ‘production’, even if that means fudging the figures and throwing away quality control (including the appeal boards, which are being thrown overboard).

Sooner of later all this ‘cheapening’ of patents will result in garbage quality and people may start asking questions like, “was your EP a pre-Battistelli or post-Battistelli one?” (in other words, is it of high quality of just rubberstamped for quick and temporary gains?). As one person put it yesterday:

The private suepo web site can only be accessed from within the office, so I had no access during my holiday. Back to work, I checked the post from Berlin and can indeed confirm what “BoardMember” has cited.

Apparently, the EPO is quickly turning into a registration system…

Well, Battistelli has killed the old EPO and created a new kind of monster. Would people be willing to pay the high fees anymore? If so, for how much longer? Here are some more details from SUEPO Berlin, which resemble the vision of people replaced by primitive machines for vastly inferior prior art search and for corporate profits through outsourcing:

Back to work, I checked what people think about the future of the united patent. Apparently, management is still confident that they can push the UK to join before the end of the year.

How do they think they can achieve that, I do not know. But we have had so many surprises in the past year, that I would not take a bet either way.

Something else: there is a rumor that the EPO will change their examination ways. It is true. It is on the Berlin suepo website and there is a powerpoint around, which will be presented to the examiners. Basically, the examiners are supposed to run an automatic search, not object clarity, send one single communication to the applicant if there are doubts about novelty or inventive step, simply accept the response and grant. All this within a year. The other members are instructed not to check any more and they will get warnings if the granted file lingers too long. Management wants the complete backlog gone in 4 years.

There will also be an assessment center for recruiting new examiners (not sure about that, decision is not out yet). Apparently, some directors are refusing to recruit many candidates for lack of competence and recruitment cannot meet their targets. Therefore the responsibility of recruiting will be taken from the directors and put into the hands of the new assessment center.

It is a completely different Patent Office that is being created under our eyes. What I don’t understand is where the money will go: at present, the EPO is producing a plus of several hundred millions Euros a year (and that with the costs of a new building in the Hague). If we are suddenly producing many more patents a year, the surplus will shoot to the roof. That, and we are paying the new examiners a lot less and nudging the more expensive older ones to early retirement and retirement benefits will be cut massively. In 4 years, when we have no stock left, how much will the surplus be? A billion a year or more? Maybe that is how Battistelli plans to convince the UK to stay?

It sure looks as though patent examiners now share the same concerns we have (for a number of years now). Patent lawyers get their way by lowering the bar and as noted yesterday, a post by a Bristows employee (i.e. part of Team UPC which lobbies the British government along with Battistelli) said that “The Intellectual Property Office [the other IPO] responds to Brexit, highlighting that EU-derived protection is still in place while the UK remains a Member of the EU, and that the UK is looking into various post-Brexit options.”

This is about attempts to ratify the UPC in spite of Brexit and in spite of UPC being squarely against the interests of British citizens, not just British engineers.

There is a lot of nefarious stuff going on these days and the EU is piggybacked to advance the interests of few shadowy groups, essentially by legislative laundering. SUEPO, as of yesterday, expresses concern about revolving doors and systemic corruption in the EU. “The USF issued a Communiqué on 20 July 2016 in which they reproduce an open letter (EN, FR) sent to Mr Jean-Claude Juncker, President of the European Commission about the Barroso case,” SUEPO wrote. Here is the original in full:

An open letter to: Mr Jean-Claude Juncker, President of the European Commission

Re: The Barroso case

Mr Juncker, is the « last chance » you gave to this Commission being used up?

The recruitment of Mr Barroso by the sadly notorious Goldman Sachs investment bank sent a shock wave through European public opinion.

As several Press media have pointed out, this shameful move is further widening the gap between two worlds, of the elites on the one hand and the citizens on the other and is likely to strengthen and consolidate the persistent –and most recently highlighted by Brexit– blame thrown on the EU institutions: that of acting in collusion with global finance to the detriment of the European citizens’ interests.

According to Article 245 of the TFEU, the Members of the Commission give a solemn undertaking that, “both during and after their term of office, they will respect (…) the duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits”. The case of Mr Barroso is so blatant that no internal document, such as a ‘Code of Conduct’, besides introduced by Mr Barroso himself, can be relied upon to defeat a clear and unconditional Treaty provision.

Union Syndicale Fédérale1 requests President Juncker that his Commission –“the last-chance Commission”, to put it in his own words– proceed without delay to the preliminary acts in view to applying to the Court of Justice.

It will then be for the European Court to judge whether Mr Barroso, by accepting a position of responsibility with Goldman Sachs, has broken or not his “duty of discretion” required by the Treaty and to determine possible consequences (including loss of the right to a pension).

Bernd LOESCHER, president USF

Over the years we wrote quite a few articles about Goldman Sachs. If entities like these get access to EU corridors through the likes of Barroso, why wouldn’t US businesses be able to gain access to institutions like the EPO, where discriminatory practices are already rampant under Battistelli (after Microsoft pressured the EPO)?

The EPO is under attack. It’s under attack from Battistelli and his masters, who are evidently not European taxpayers or European SMEs.

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. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  2. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  3. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  4. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  5. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  6. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  7. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  8. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  9. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  10. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  11. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  12. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  13. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  14. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  15. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  16. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  17. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day



  18. Like the EPO, Taiwan/China (SIPO) Harm SMEs With a Policy of Patent Maximalism Which Fosters Litigation, Not Innovation

    A culture of patent maximalism breeds plenty of lawsuits in China (good for the legal ‘industry’), but small companies that are innovative lose focus and resources, just like in Europe where SMEs are discriminated against



  19. Bristows Continues to Lie About Unitary Patent (UPC) in Britain Only to Get Rebutted in Comments, As Usual (Criticism Not Deleted Yet)

    The latest wave of posts (typically from Bristows) which herald an arrival of UPC in Britain are not just delusional but also constitute terrible legal advice



  20. The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

    The EPO's push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC



  21. European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

    European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these



  22. Antonius Tangena From the European Patent Institute (EPI) 'Aids' Željko Topić's Appointment at the European Patent Office (EPO)

    An E-mail from Antonius (Tony) Tangena reveals a degree of coordination between the EPI and the EPO -- a potentially inappropriate action that can be seen as a cover-up attempt



  23. SUEPO Announces Protest, EPO Distracts From the Scandal, and Readers Spill the Beans

    Readers have sent some additional details regarding the EPO "backstory" that we wrote about this morning



  24. EPO Scandal Spills Over to Irish Media, So It's Time for the Backstory

    A lot more is being revealed by the media this week (regarding the EPO's "war on judges") and now that it's a more 'mainstream' subject we can shed light on the background to it



  25. Battistelli's EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

    The tyranny of the EPO is made abundantly clear for all to see -- ILO included -- but will there be consequences for repeated violations by Team Battistelli?



  26. Links 7/12/2017: Qt 5.10, ReactOS 0.4.7, Guix and GuixSD 0.14.0

    Links for the day



  27. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)

    As expected by realists (or pessimists), the EPO continues to act as though it's above the law and even judges suffer miscarriage of justice against them



  28. ILO Said Give the Judge His Job Back, But Christoph Ernst's Administrative Council Will Likely Let Him Go (Unemployed)

    Another potential EPO scandal in the making, as after waiting for 3 years the illegally-suspended judge might get his job back for only 3 weeks



  29. Watchtroll, AIPPI, Bristows and Others Keep Pushing Software Patents Agenda (in Spite of the Ban)

    Pressure groups and front groups of the patent microcosm (e.g. AIPPI) -- sometimes even the patent microcosm acting directly -- are still trying to make software patents legitimate, usually behind closed doors, e.g. in private events where only the patent microcosm can debate the subject (no software developers allowed)



  30. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court's Orders (Again)

    People already speculate about how Battistelli will attempt to come up with excuses for noncompliance (and ongoing violation of the EPC as well as ILO code)


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