10.05.16

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Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)

Posted in Asia, Europe, Patents at 6:38 pm by Dr. Roy Schestowitz

Who needs examiners anyway? Battistelli makes the EPO more like INPI or SIPO (China).

SIPO and Battistelli

Summary: The highly corrosive and destructive nature of Battistelli’s EPO presidency is demonstrated by his latest moves, which he foolishly advertises in the EPO’s Web site today (both the so-called ‘news’ section and his so-called ‘blog’)

WHETHER or not the EPO is becoming 'French' (i.e. no patent examination) it might be too early to tell, but in a matter of 2-3 years the stock will have run out and EPO examiners can expect massive layoffs. Insiders too tell us so.

“Battistelli is causing irreparable damage and people are seeing that.”The very low quality of patents in China (granted by SIPO, not the Croatian one) may be a sign of things to come at the EPO, under the leadership of Battistelli and the people he brought to the EPO (mostly from France, usually former colleagues from INPI where there’s no quality control). It’s all about quantity, not quality. Apparently, as I was told this earlier today by a university professor, Saudi Arabia had been pursing a similar strategy. They just use patents as trophies (false surrogate for innovation) and provide incentives — sometimes huge financial awards — for people to pursue the dumbest of patents just to increase the number of patents and give the illusion of scientific advancement/leadership. If this sounds like what the EPO is becoming, then it’s probably because it’s true.

“Dusting off some old files (some as old as 18 years ago we’re told!) and rubberstamping them is not “production” but a shoddy job, a cheat, and a rapid destruction of everything that the EPO stands for.”In my daily life I happen to speak to various academics and people who work in my domain. A lot of companies in Europe — as today I’ve learned — are reassessing the value of EPs (European patents) after the EPO descended to the gutter of patent quality. Dutch attorneys too are receiving queries to that effect, based on their letter which we published last week. Battistelli is causing irreparable damage and people are seeing that. Dusting off some old files (some as old as 18 years ago we’re told!) and rubberstamping them is not “production” but a shoddy job, a cheat, and a rapid destruction of everything that the EPO stands for.

Based on this tweet from earlier today and the Battistelli brain fart it links to (warning: epo.org address), the very low-quality patents of China are now common grounds for Battistelli. Is this what he strives for now? Attracting all the rejects, even from other countries, in order to just rubberstamp their rubbish? Is this the future of the EPO? It’s spelling doom for the EPO’s reputation and value. How much would people pay for EPs? 500 Euros apiece? What would that mean to existing grantees of EPs? How can one separate the wheat from the chaff or the noise from the signal? Battistelli, in our view, finds friends only in authoritarian regimes these days (including China) because no honourable politicians in Europe would associate with such a thug (they do their homework or have it done for them by their PAs). Here is the bogus ‘news’ from today (warning: epo.org address), complete with a photo op and glamourisation of the thug, Battistelli. To quote: “On Friday 30 September, President Benoît Battistelli welcomed Commissioner Shen of the State Intellectual Property Office of the People’s Republic of China (SIPO) to Saint-Germain-en-Laye, France. The visit was held on the occasion of the annual EPO-SIPO Heads of Offices meeting, this year hosted by the EPO in Europe. The meeting is an annual fixture for the two offices and offered a valuable opportunity to discuss strategic topics of mutual interest and to take stock of the results achieved within the framework of both IP5 and bilateral co-operation.”

“Battistelli, in our view, finds friends only in authoritarian regimes these days (including China) because no honourable politicians in Europe would associate with such a thug (they do their homework or have it done for them by their PAs).”Worth noting: this meeting took place in France. Saint-Germain-en-Laye even (Battistelli was the mayor of the Paris suburb of Saint-Germain-en-Laye). The EPO has no branches/office in France. France is not a host country and France’s patent system is mostly a joke (some say because language barriers discourage applications from being sent there).

Battistelli has made the EPO look like something worse than a joke. It’s a banana republic!

And speaking of bananas, watch today’s news headlines to find “Seedy business: Patent war looms over Europe’s crop diversity”

Well, how far should patent scope go? Under Battistelli, anything goes…

Patents on seeds and plants are supporting a monopoly’s business model, not innovation or common interests. Here is what the article says:

An imminent EU legal opinion on food patents has raised fears among smaller businesses that agrichemical giants such as Monsanto and Syngenta will be able to monopolize varieties of staples like carrots and broccoli.

The European Commission is expected to issue an opinion before the end of the year to clarify ambiguities in EU law over the extent to which food products can be patented. The forthcoming decision has sparked a flurry of 11th-hour lobbying from industry and green campaigners.

The debate hinges on the nature of the innovation and whether the plant breeding techniques constitute genetic modification, or involve processes that are seen as altered or accelerated versions of more natural, biological processes.

Big companies argue that the ability to patent foods and seeds is critical to their business model, which involves pouring millions of euros into engineering bio-tech crops that they say are healthier for consumers and more resistant to pests. Their opponents say biological processes and their products should not be allowed to become exclusive to individual companies. They complain that food security and the environment could be at risk if crop diversity is reduced, with the most common vegetables being controlled by a handful of deep-pocketed companies.

In other news from today, the EPO has granted another crappy patent, this time on a thing that can prevent access to life-saving treatment. The patent is now partly revoked [1, 2, 3, 4]. How many people need to die from Hepatitis C because the EPO under Battistelli continues to fail to actually do the job properly*? Verging endorsement of software patents again, today the EPO links to a notorious page that we wrote about before and soon enough the Office is going south (not just literally), to a country where software patents sort of exist.

“How many people need to die from Hepatitis C because the EPO under Battistelli continues to fail to actually do the job properly?”If the EPO does not sort out its patent quality, for which it earned reputation in the first place, then it will lose everything. Battistelli doesn’t need to care because he can always go back to his political career in Saint-Germain-en-Laye. Politicians needn’t retire in their 60s and Nicolas Sarkozy, Battistelli's political ally, is reportedly running for leadership again.
_____
* Like organising stupid and self-aggrandising festivals for lobbying purposes at the expense of millions of Euros while buying the media — all this instead of focusing on actually examining patents, then granting or rejecting them based on their merit.

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