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

09.18.16

EPO President Benoît Battistelli and Team UPC Are Still Lying, Don’t Believe a Word They Say

Posted in Europe, Patents at 12:38 pm by Dr. Roy Schestowitz

Newspeak and half-truths would actually be an improvement for them

'Deceiver' poster
Deceiver at the Internet Movie Database

Summary: A rather bulky rebuttal to some of the latest misleading statements from EPO management and law firms that wish to expand/advance their own careers at the expense of the integrity of the European patent system

THE SITUATION at the EPO is pretty grim right now, but what’s even worse is the UPC, which threatened to bring some of the worst elements of the USPTO into Europe and beyond.

“There are even very expensive events that are intended for shameless self-promotion by Battistelli.”EPO workers must have noticed that after the summer the EPO has barely said or announced anything. The managers seem to be trying to keep a low profile (as allegedly advised by their PR 'experts') and the only time they speak out is at staged events where there’s no opportunity for dissent (if there is dissent, the EPO will delete it from articles even after publication). There are even very expensive events that are intended for shameless self-promotion by Battistelli. The EPO plans a similar event for next year and is publicly asking all those whom it can message to play along. It even gets pushy and sends unsolicited promotion. Check out some of the latest EPO 'spam' to European universities (latest examples are in [1, 2, 3]). It’s pathetic if not painful to watch. As we noted here before, the EPO under Battistelli wastes a fortune essentially buying off the media for positive puff pieces in several countries [1, 2]. This is not sustainable. There are also staged pro-UPC events, supported by the EPO and funded by its PR 'experts'.

“There are also staged pro-UPC events, supported by the EPO and funded by its PR ‘experts’.”Not much is being said these days about the social climate at the EPO, but there’s propaganda in the making and we are prepared to respond to it (the Social Conference is scheduled for next month). Instead, right now the topic on everyone’s lips is the slip in patent quality and sometimes the slip of the UPC.

“The EPO likes to give the impression that it’s possible to achieve certainty for the applicant,” one person wrote a few days ago. Well, certainty that one can get a patent is not certainty that the patent is a valid one and that the courts will respect that patent. Watch how many patents granted by the USPTO are now dropping like flies at the courts (potentially destroying the applicant). The full comment said: “The EPO likes to give the impression that it’s possible to achieve certainty for the applicant and for the public by carrying out a high quality examination. This is bottucks. EPO search and examination is trivial compared with the effort expended when there is an imminent risk of winning/losing a lot of money. It’s a useful first approximation – nothing more.” In response to this one person wrote:

It is true that a high productivity or production does not necessarily lead to a lower quality. If people know what to do and how to do it, it is possible. However the prerequisite is that people have been correctly trained.

I have strong doubts that this is the case at the EPO in view of the tremendous production pressure put on newcomers. How can it be that after three years a newcomer is fully proficient in search and in examination? In the past, when search and examination were separate, the three year goal was for each function, now only for the mixed one.

Anyone believing that the EPO searches all dependent claims is believing in father Christmas, not to say more, and Mr Spigarelli should know better.

If an examiner finds an X document, if he finds one, then he stops the search. If he wants to have a good production and achieve a quick grant, he will find nothing but a pseudo X or a lot of A documents. Examiners are not all to be blamed, they do what they are told, and anyone resisting this will be mowed down.

Look at case law of the boards of appeal. It happens that the Board has to quote new prior art when deciding on appeal following refusal of an application. If the search is so wonderful, why would the boards be led to bring in new prior art? Whether it is correct to do so is an other point, but this is what is happening.

It is certain that if the claims are correctly drafted a search is easier to carry out. Simply trying to push the blame towards applicants is a bit too easy. The responsibility is shared in the present situation.

Simply churning out searches and grants is not necessarily a sign of quality. The objectives according to the plan are achieved, if not overthrown. Remember what happened to “planned” economies. But the top management of the EPO can feel happy. They are managers…. but certainly not leaders. But this is another story.

Several days ago we wrote about Battistelli's patent quality brag (comparing the EPO to arguably the worst patent office in the West when it comes to patent quality). Since then — as we are watching this closely — the brag has reached some Australian Web sites with a modified headline [1, 2]. This headline is a lie unless EPO and Battistelli are the same thing (we explained why it’s not, noting that staff — quite broadly — loathes Battistelli and disagrees with him). These news sites are rewriting the headline from Andrew Chung (or his editor at Reuters) like some other people did before them, so “Europe patent boss” is becoming just “EPO”. Not good…

One can be left with the illusion that the only takeaway is that EPO quality is absolutely fine and great when real figures/facts are somewhat alarming.

“One can be left with the illusion that the only takeaway is that EPO quality is absolutely fine and great when real figures/facts are somewhat alarming.”Responding to this latest nonsense from Battistelli, Benjamin Henrion (FFII) wrote: “Maybe he could comment on the progress bar patent?”

“Battistelli says EPO issues better patents than USPTO,” he added, but “always remember patent examiners can’t read binaries” (he added some informative image about the progress bar patent).

As we noted here a long time ago, Battistelli is pretty clueless about patents. It’s not his area at all and he’s not a scientist, either. He surrounds himself only by people who tell him what he wants to hear and reprimands the rest. EPO is quite a Pariah when it comes to patent quality, it ignores European law regarding patent scope, and it definitely breaks many laws in order to punish staff that speaks about it. Right now, says Henrion, the “EPO explains you with sounds on how they grant software patents https://e-courses.epo.org/wbts/cii/index.html”

That’s how bad it has become. The EPO is making enemies by promoting software patents and FFII might return to activism or take more actions if this carries on. Henrion told them (directly), “you really want a fight isn’t it?”

They are basically pushing for software patents while at the same time advocating/promoting the UPC, which in itself would be supportive of software patents.

“They are basically pushing for software patents while at the same time advocating/promoting the UPC, which in itself would be supportive of software patents.”Regarding Battisteli's UPC lobbying and the latest lies from the EPO, backlash is apparent online (there are several opponents of the UPC there). The only exception to this backlash is Team UPC, i.e. the patent law firms that stand to benefit from the UPC. Here it is pushing for ratification in the UK because democracy, to these people at least, does not matter. The lawyers want more money. This post says that “while the UK continues not to ratify the UPC Agreement, the system, at least in its current form, cannot come into force. If the EU and the participating member states fail to reach an agreement enabling (or at least attempting to enable) continued UK involvement, there will be no upheaval in the UK patent litigation system upon Brexit, and no UPC operating elsewhere in Europe. This would appear to strengthen the UK’s negotiating position in Article 50 negotiations, compared with the scenario in which it had already ratified the UPC Agreement.”

“The opinion is worth a read, if you can stomach the legalese,” one person told us, but it seems to be so heavily biased in favour of the UPC, as one can expect from legal firms. They’re not independent or objective observers.

Here is EIP becoming so delusional that it wants us to assume the UPC can happen in the first place (without the UK), in order for the UK to join it later. Watch their optimism in Twitter: “UK #IP organisations obtain legal opinion on #UK participation in #UPC post #brexit, UK can still take part”

“We never saw any criticism of the UPC from these folks.”Team UPC’s echo chamber (basically a bunch of Battistelli-controlled mouthpieces and UPC proponents patting each other on the back/shoulder) can also be seen at Managing IP, which set up events in which to promote the UPC last week (or almost a fortnight ago) [1, 2, 3, 4].

One thing that we mentioned the other day was Italy’s step towards something that can never happen in the first place. Now we have Team UPC, the antidemocratic group of lawyers (and Bristows in this case), pushing for a dead (Trojan) horse to enter the gates of Italy. Have they no sense of shame? Have they now given up yet?

“UPC would put Italian SMEs at a disadvantage because of the choice of official language,” Henrion told them and the facts are on his side. The UPC would also put Italian SMEs at risk of more lawsuits and SMEs rightly complain about this. Henrion said that “maybe FFII should commission a legal opinion on whether UPC can bring us software patents and trolls.”

“They are trying to convince the already-convinced (who are paid for it) that the UPC is great and then pressure British politicians while conveniently misleading, tricking and misrepresenting their views.”Speaking of Bristows, their employees are still pushing for the UPC (which is effectively dead) in public events. One of them has just spoken of Milan and said she “feels incredibly at home in Italy, which is apropos given her heritage. So when she finally landed in Milan this morning for this year’s AIPPI Congress her cares melted away. That is until she saw her agenda….This year’s AIPPI Congress is jammed packed with incredible events, from panel sessions dealing with everything from contributory patent infringement to IP and food, to lunch time sessions focusing on expert evidence and study questions on copyright and linking, IP securities and added matter. The final day will be devoted to a very political topic – the fate of the UPC post-Brexit followed by a biosimilars preliminary injunction mock trial in the UPC. The AmeriKat [from Bristows] and a team of incredible friends and contributors, including her colleague Vanessa Rieu (Bristows), will be reporting from the events on the IPKat over the coming days.”

By “reporting” she probably means advocating, as usual. We never saw any criticism of the UPC from these folks.

In response, says one patent attorney: “Interesting UK counsel opinion here. No legal bar to UK participation in UPC – only political issues.”

Not true. He links to a PDF from EIF’s Web site [PDF], but again, this is a case of an Team UPC echo chamber, nothing else. They are trying to convince the already-convinced (who are paid for it) that the UPC is great and then pressure British politicians while conveniently misleading, tricking and misrepresenting their views.

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. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  2. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  3. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  4. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  5. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  6. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  7. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  8. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  9. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  10. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  11. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  12. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  13. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  14. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  15. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  16. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020



  17. When Microsoft's Actions Speak for Themselves (About Back Door Access)

    Unwittingly, people are being reminded of the 'special relationship' between Microsoft and the US Army (or government); The back doors or bug doors are still there, even 7 years after Edward Snowden's NSA leaks



  18. Why You -- Yes, You Too -- Should Consider Migrating to GNU/Linux

    The window is closing (and Windows/Vista 7 closing down); the chance to use machines that the users actually control is still there



  19. Can We Please Stop Lying for Microsoft in the Mainstream Media?

    Dishonesty for short-term financial gain (e.g. advertising money) will be a big loss in the long run. There’s a reason why so many news sites perish and Datamation (where I wrote more than a decade ago) now throws away remnants of reputation by spreading a big lie from Microsoft.



  20. It's Only Factual and Truthful to Point Out That About Half of the EPO's Management Committee Are From the President's Nation (and Many Are Underqualified Friends of His)

    The patent-granting extravaganza of what a reader and contributor of ours likes to call "Club Med" will result in great pain (not just for the Office but for Europe as a whole); pointing out who's to blame (the culprits) is an exercise in practicality



  21. Stranger Than Fiction: Team UPC's Mental Condition

    Team UPC's delusions continue to unmask UPC proponents (in 2020) as totally and entirely detached from reality



  22. Links 14/1/2020: IBM Joins LOT Network; X.Org Server 1.20.7, Tails 4.2.2 and Zanshin 0.5.71 Released

    Links for the day



  23. Vista 7 is Dead, Long Live GNU/Linux

    A reminder of Microsoft’s universal “PC tax” ambitions — evidence that the company was never interested in ‘playing nice’ with anybody



  24. Links 14/1/2020: Git v2.25.0 and End of Vista 7

    Links for the day



  25. Systematic Abandonment of the Independence of Judiciary at the EPO (or Collective Amnesia)

    The ‘constitution’ or the convention upon which the EPO is based (known as EPC) is routinely violated and nobody seems to care anymore; the EPO governs itself and conducts itself without as much as a fundamental legal text



  26. They Always Say They Love Linux (and 'the Children')

    Microsoft says it “loves Linux” and the Gates Foundation insists it “loves children” but the real underlying motivations have more to do with monopoly (Windows, Monsanto etc.) and nothing to do with “Linux” or “children” or whatever



  27. The Media's Obligation is Not to Repeat the Lies of EPO Management, But Money Changes Things

    The ridiculous lies about prospects of the Unified Patent Court are now spreading to EPO-friendly publishers — few powerful people to whom truth isn’t valued as much as the customers (their subscribers and sponsors are law firms)



  28. IRC Proceedings: Monday, January 13, 2020

    IRC logs for Monday, January 13, 2020



  29. The FSF and GNU Need a Better Savannah to Attract GitHub Refugees

    Thomas Grzybowski's explanation of why GitHub poses a risk to software freedom and what can be done about it



  30. Links 13/1/2020: Linux Lite 4.8, Linux 5.5 RC6, Corebird Continues as ‘Cawbird’

    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