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

10.20.16

Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

Posted in Asia, Europe, Patents at 8:57 am by Dr. Roy Schestowitz

Battistelli liar
Source (original): Rospatent

Summary: Battistelli’s bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

Battistelli has (almost singlehandedly!) done so much damage to the EPO. He brought into the EPO some truly dodgy people and former colleagues (and their family members), he attacked the staff representatives, and he even attacked justice itself (putting aside the poetic/Orwellian action of attacking a judge).

“He brought into the EPO some truly dodgy people and former colleagues (and their family members), he attacked the staff representatives, and he even attacked justice itself (putting aside the poetic/Orwellian action of attacking a judge).”How on Earth is Battistelli still working at the EPO and permitted to waste extraordinary amounts of money buying the media while lying to everyone? “In a sane world (not Eponia),” as I put it yesterday, “he’d be asked to pack up his things and leave by day’s end.” The only people dismissed so far are basically ‘whistleblowers’, i.e. people who are brave enough to say the truth — however politely — about Battistelli. It’s like Eponia became a miniature North Korea at the very heart of Europe and politicians lack the authority (sometimes even the will) to intervene.

According to this new article from Finnegan, Henderson, Farabow, Garrett & Dunner LLP: “In an attempt to tackle the backlog, the EPO has launched a new initiative to encourage applicants to abandon their applications in exchange for a refund of the official examination fee.”

“Patent applications will have run out in a couple of years. What then? No more examination at all?”Well done, Battistelli. Great job! So granting/approving (often in error) all sorts of very old applications takes its toll on new ones. What will be left of the EPO other than a fossil if this carries on? Patent applications will have run out in a couple of years. What then? No more examination at all? No examiners? Machine 'examination' alone? All applications accepted by default, irrespective of merit and novelty? Quite a few EPO insiders seem to believe so when they fear the worst and look at the French system, examining its obvious failures.

Another new article from Finnegan, Henderson, Farabow, Garrett & Dunner LLP says: “In this edition, we consider the IP5 offices’ proscription against the introduction of new subject matter into a patent application that has already been filed. While it is not surprising that all IP5 offices disallow introduction of new matter into a patent application, what constitutes “new matter” differs among the IP5 offices, as discussed below.”

IP5 is a collective term referring to large patent offices, including the notorious (for patent quality) USPTO. Mind the fact that the US is moving away from software patents right now (more on that in the weekend), whereas the EPO moves in the opposite direction. As a patent attorney implied the other day, the EPO is now more software patents-friendly than the USPTO. To quote [1, 2]: “I’m working on a family of software patents/apps where EPO allowed patent, surveved [sic] 2 oppos; but US rejected as ineligible. The software patent family is large, many countries. ONLY THE USPTO FOUND SUBJECT MATTER INELIGIBLE.”

“If the EPO gets away with granting more and more software patents (UPC would contribute a great deal towards that), then we should expect a lot of patent trolls to park in Europe and damage a lot of businesses (some of which I heard from personally).”The “EPO is corrupt,” Benjamin Henrion responded to him, reflecting a change in public perceptions.

If the EPO gets away with granting more and more software patents (UPC would contribute a great deal towards that), then we should expect a lot of patent trolls to park in Europe and damage a lot of businesses (some of which I heard from personally). This, in turn, would suck money out of the economy, elevate prices of things, and make Europe a lot less competitive. But hey, Battistelli can crow about “production, production, production!” (at least until the applications run out and operations dry up)

Yesterday we saw the EPO once again promoting its India-Europe software patents fest. Patent maximalists and boosters like Battistelli (who has no patents and no scientific background) would have us believe that the more the merrier; obviously! See what the page says; it speaks explicitly about software patents which are banned in Europe and also banned in India.

Speaking of which, here we have a British site publishing a new article titled “Patenting the abstract – can you patent code?”

It was published this morning and it talks about Europe and the UK:

Patent applicants, and indeed patent attorneys, can spend a lot of time gazing at that window, occasionally hurling rocks at it: where does the line lie between a computer program ‘as such’ and a computer program which can count as a ‘real’ invention? There is certainly no hard and fast answer to that and each idea must be assessed on its own merits. What we do have is a body of examples from cases which have been considered by the European Patent Office (EPO) and the UK courts which at least may help to clarify the boundary. In the examples which follow, I have made no particular distinction between cases in the UK and before the European Patent Office (EPO) although in fact there are differences (despite a broad intention of conformity). Currently, the UK Intellectual Property Office (UK IPO) seems much more likely to raise an objection that an idea is excluded from patentability – is a non-invention – than the EPO. That doesn’t mean computer-implemented ideas get a particularly easy ride before the EPO; the EPO’s current practice is only to consider ‘technical’ features as contributing to the inventiveness of an idea and, if your only technical feature is a common computer, the same idea that could be identified as a non-invention at the UKIPO could be determined to be not patentable as it is not inventive when considered at the EPO. That said, if I was asked to choose how to attempt to protect a computer-implemented idea in the UK right now, I’d chose to do so via the EPO – it is my view that the UK IPO is currently less friendly to potential ‘non-inventions’ than the EPO.

Over in India today we found this clueless new rant from a patents-centric person, bemoaning India’s ban on software patents. Watch some of his arguments:

Elite technology companies (including TCS, Yahoo, Samsung, Ericsson, Microsoft and Philips) from more than 10 countries had their CRI applications rejected in India in the past six months. Besides rejections, many applicants, including high-tech Indian companies such as Wipro, have started to receive negative examination reports calling for rejection of their patent applications. This can call into question the quality of patent examination in India for inventions in advanced software as well as communication technologies.

A lot of the companies named above actively feed patent trolls (Ericsson and Microsoft for instance) and are using software patents offensively, in highly controversial circumstances. If India’s laws prevent them from expanding the plague of patent trolling to India, then that is absolutely great. This author calls “elite technology companies” not Indian companies but a bunch of multinationals trying to cement their monopolies (or near monopolies). These arguments are similar to those made by the patent profiteers in Europe, notably patent law firms and tax-evading patent tax-wielding giants like Apple and Microsoft (which Battistelli is totally clueless about and offers preferential treatment to)

At the EPO, unfortunately, Battistelli remains a “President” for now, but he lost respect; staff distrusts him and some prominent delegates tell him off; they’re not afraid of him anymore, even in the face of epic tantrums.

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. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)



  2. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."



  3. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout



  4. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat



  5. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better



  6. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  7. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  8. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  9. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  10. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  11. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  12. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  13. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  14. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  15. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  16. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  17. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  18. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  19. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  20. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  21. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  22. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  23. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  24. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  25. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  26. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  27. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  28. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  29. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  30. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    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