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

11.13.16

Benoît Battistelli Reinforces the Perception That García-Escudero is His Pet Chinchilla at the Board of Appeals Committee (BoAC)

Posted in Europe, Patents at 10:52 am by Dr. Roy Schestowitz

And entertaining the possibility of “opening disciplinary proceedings against the President”

Patricia García-Escudero and Benoît Battistelli

Summary: The autocrat who controls the Office in an unprecedentedly totalitarian fashion and has reduced its so-called ‘overseers’ to little more than useful chinchillas needs to face the music, for he keeps breaking even his own rules and disgraces (not to mention severely harms) the entire continent, not just his country and the Office

THE President of the European Patent Office is the source of many of today’s problems; the many scandals that are purely his own fault make the USPTO look like a saint and it doesn’t help when Benoît Battistelli speaks about his pet chinchilla García-Escudero in his blog, reinforcing the perception of nepotism and protectionism under his reign.

Readers may need to revisit our older series about her connections — a subject which we mentioned a few days ago in light of her doing photo ops with Battistelli. Right now we even have Battistelli writing about it in his so-called ‘blog’ (warning: epo.org link), to be promoted in this couple of tweets after EPOPIC, twice on Friday morning/noon [1, 2]. Mind the part which isn’t just self-promotional and EPO promotion/hogwash but speaks specifically about García-Escudero, namely:

The latest of the international agreements is, fittingly, a new bilateral cooperation plan signed with Ms Patricia García-Escudero, Director General of the Spanish Patent and Trademark Office, which will also include projects in the field of patent information and awareness between the EPO and SPTO.

Asking Battistelli for the perception of justice and independence for the boards was apparently not enough from the chinchillas of the Administrative Council — a subject which we are likely to revisit in the future, maybe over Christmas when more time is available. As one comment put it a few days ago, the “Council gives instructions to the President, the President simply ignores them and does as he wishes.”

Here is the full comment:

Is it at all possible for the Council to force the President to do anything?

As recent history has shown several times this year, when the Council gives instructions to the President, the President simply ignores them and does as he wishes. In the present case, the Council explicitly asked the President to refrain from dismissals, we see what the President did. I gather that Merpel’s proposal to use Article 20 PPI would have the same effect.

What can the Council do?

Correct me if I am wrong, I am not a specialist of the EPC. I understand from Article 11.1 of the EPC that the Council can nominate a new President. But first, I am not really sure they can do so before the end of his term (can they or not?) and second, they need a majority of 3/4 of the votes for doing so (Article 35). There are 38 member states, so the votes of 28 are needed. Conversely, if Battistelli gets the votes or the abstentions of 10 countries, he can stay forever. Any 10 countries.

Is there anything else that the Council can do?

There is Article 19 of the PPI: the Council can waive the immunity of the President. This has never been tried and I have no idea how many votes would be necessary. Even the Article is not clear as the German, English and French texts are actually different (English: “waive immunity”, German and French “waive one of the immunities”). Besides, this would be very slow.

There is Article 11.4 EPC: the Council shall exercise disciplinary authority over the President. Apparently, only a simple majority is needed under Article 35.1 in that case, so 19 countries. But this has never been tried and I don’t know under which conditions that “disciplinary authority” can be exercised or what sanctions they can impose on the President, whether the President can appeal (which would add delays), etc… Can they actually dismiss him? That seems to be in contradiction with the number of votes needed to elect a new President. Can they impeach him? If yes, he would then be automatically replaced by one of the vice-presidents (Article 10.3 EPC), which may not be very useful if that vice-president is Minnoye, Topic, etc…

Last, there is Article 172: the Convention can be revised (for example to include more checks and balances to the President powers). Here again, 3/4 of the votes are necessary.

Did I forget something?

Writing in a separate thread, one person correctly notes that “[t]he EPO doesn’t have the power or inclination to take on the EU…”

Here is the full comment:

Well the EU doesn’t like dissent and so it will be interesting to see how this pans out. The EPO doesn’t have the power or inclination to take on the EU and so will presumably need to look for a way to reverse the G decision. Perhaps there needs to be a mechanism for the EPO to refer questions to the CJEU as a way of preventing this happening again.

It often seems like the EPO feels free to just disregard everything and everyone, ranging from the EPC to the European authorities (local), the central government (Commission), human rights lawyers, ILO, and the highest Dutch court. Yet is certainly feels comfortable enough to (mis)use the law to bully bloggers like myself, in an effort to silence or at least intimidate critics. These are provocative tactics which would only backfire on Battistelli and his goons.

“Also there is no problem with them opening disciplinary proceedings against the President,” wrote the following new comment, but who would be brave enough among these useless, powerless chinchillas to even propose disciplinary proceedings against the President, who breaks his own rules and gets away with it? To quote:

Did I forget something?

Yes. You forgot Article 4a. Call a ministerial conference to discuss the situation.
It is long overdue. Supposed to be held once every five years.
But so far none held.

Also there is no problem with them opening disciplinary proceedings against the President. The disciplinary committee would then issue an opinion and the Admin Council would then vote on this opinion. Of course it’s not going to happen. The ship will sail on. Just like the Titanic.

Well, here are a couple of responses to this invocation of Article 4a:

@Article 4a: the article calls for a meeting on IP matters, not a conference…
All the UPC meetings can be counted under Art. 4aEPC…

Article 4a[ 4 ]
Conference of ministers of the Contracting States
Art. 4
A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.

All the UPC meetings can be counted under Art. 4aEPC.

What do you mean by “UPC meetings”?

The Unitary Patent is an agreement of certain member states (28 EU states) under Article 142 EPC.

http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar142.html

Article 4a foresees a conference of the ministers of all 38 contracting states.

Now, consider this:

There is no requirement that all EPC members need to be present, just a conference on patent matters and/or the organisation….

28 out of 38 is even a majority…..

In light of Battistelli’s abuses (continuing to bust unions in defiance of the Administrative Council) we think that Techrights needs to drop some new documents soon. Battistelli’s escalation of this conflict has given Techrights reasons to release even more documents soon, if not this month then during Christmas when there’s time to catch up. The secrecy of the EPO is its worst enemy because this growing secrecy, over time, has been breeding growing levels of abuse.

We always, we urged all readers who are European to contact their national delegates and explain to them what a disgrace the EPO has become.

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 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  2. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  3. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  4. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  5. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  6. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  7. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  8. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  9. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  10. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  11. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  12. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  13. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  14. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls



  15. The European Patent Office Will Never Hold Its Destroyers Accountable

    With only one in seven EPO stakeholders believing that Battistelli's pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there's no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires



  16. With Liars Like These...

    The European Patent Office continues to lie about the Unified Patent Court (UPC) amongst other things, still revealing its reluctance to say anything which is truthful or work to repair the damage caused by Benoît Battistelli



  17. Links 16/4/2018: Linux 4.17 RC 1, Mesa 18.0.1 RC, GNOME 3.28.1

    Links for the day



  18. IAM, Patently-O and Watchtroll (the Patent Trolls' Lobby) Try to Stop Patent Oppositions/Petitions (PTAB)

    In spite of fee hikes, introduced by Iancu's interim predecessor, petitions (IPRs) at the PTAB continue to grow in number and the patent maximalists are losing their minds over it



  19. The Patent Trial and Appeal Board (PTAB) is Ending Software Patents One Patent at a Time

    At an accelerating pace and with growing determination, PTAB (part of AIA) crushes patent trolls and software patents; the statistics and latest stories speak for themselves



  20. Academics and Think Tanks for Patent Maximalism

    Right-wing think tanks and impressionable academics continue to lobby for patent maximalism, rarely revealing the funding sources and motivations; in reality, however, such maximalism mainly helps large (already-wealthy) corporations, monopolists, and law firms



  21. Killing Patent Quality and Encouraging 'Covert' Software Patents Using the Buzzwords Du Jour

    The epidemic of buzzwords and/or hype waves that are being exploited to dodge or bypass patent scope/limitations, as seen in Europe and the US these days



  22. Crisis of Quality at the EPO Extends to Staff (Notably Examiners) and Management as Institutional Integrity is Severely Compromised

    A rather pessimistic but likely realistic outlook for the European Patent Office (EPO), which seems unable to attract the sort of staff it attracted for a number of decades



  23. The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

    A lot of software patents are being declared invalid (or not granted in the first place); having said that, using all sorts of hype waves (like calling databases “blockchains”) firms and individuals manage to still be granted software patents and sometimes patent trolls hoard these



  24. Links 14/4/2018: Wine 3.6, KDE Elisa 0.1

    Links for the day



  25. East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

    China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China



  26. Samsung is the 'New IBM', Sans the Trolling With Patents

    The 'relic' company, IBM, loses its patent leadership (as measured using some yardstick) to Samsung, a company which is relatively calm when it comes to patent activity (unless/only when sued, as happens a lot nowadays)



  27. David Barcelou May or May Not be a Patent Troll, But He is Certainly a SLAPPing Bully and Watchtroll is Fine With It

    Like a thin-skinned person/entity (which many in the patent microcosm are), David Barcelou and Automated Transactions (“ATL”) SLAPP their critics and surprisingly enough it's Watchtroll, who has been threatened by WIPO, coming to the bully's rescue (double standards)



  28. Links 12/4/2018: Stable New Kernels, Neptune 5.1

    Links for the day



  29. The USPTO Has a Nepotism and Lobbying Problem That Jeopardises the Rationality of US Patent Law

    The influence games of Washington are spilling over to the US patent office and poisoning/harming its ability to conduct professional operations without corporate influence (from either side, both corporations and law firms)



  30. Patent Trolls in the United States Show the Importance of Stopping Software Patents (Trolls' Favourite) Worldwide

    The abundance of entities that exist for no purpose other than to initiate lawsuits is a contagious threat to real innovation (or science and technology being practiced); a new jury verdict (record-breaking $500,000,000) is a reminder of this


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