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12.21.16

Accusations of Administrative Council (of the EPO) Complicity in Illicit Retaliation Against Appeal Boards at the Behest of Battistelli

Posted in Europe, Patents at 7:49 pm by Dr. Roy Schestowitz

The Chinchilla Man of the Administrative Council too, under Battistelli’s instructions (tail wagging the dog), tried to remove a judge

The Chinchilla Man of the Administrative Council

Summary: The Administrative Council of the European Patent Organisation is coming under fire for its role in weakening the appeal boards and the confidence in already-granted EPs (European Patents) continues to erode

EARLIER TODAY we noted that a comments thread about the EPO‘s patent scope had turned more interesting than the ‘article’ (self-promotional piece) itself. People have been noting that this diversionary tactic from the EPO can backfire pretty badly on the EPO.

“Julian Cockbain” (possibly a pseudonym but not for sure) said that “the problem is not with Tomatoes II but with the EBoA’s craven reaction to the Biotech Directive in G-1/98. Correctly decided then, the problem would not have arisen now…”

“One more example of the fundamental lack of accountability of the executive in the European patent system.”
      –Anonymous
We have been writing about this for a number of years. The EPO should never have granted patents on plants, seeds and animals in the first place. Now it pays the price and people will lose confidence in their EPs. The following three comments were all posted anonymously, presumably by domain experts afraid of retaliation for their open expression of views. “The decision by the President of the EPO [that's Battistelli] to stay all the concerned proceedings cannot be appealed before the Boards. One more example of the fundamental lack of accountability of the executive in the European patent system,” said one comment. Yes, it helped expose how out-of-control the EPO has become.

Another comment said that “it’s clear that in the long term the Enlarged Board cannot remain independent of the EU, particularly once [sic] the UPC is up and running” (that should be if, not once). The boards are in general under attack from Battistelli, who is pushing hard for the UPC and will sort of oversee the boards until a UPC booster finally becomes their President (see some background on Carl Josefsson's role in UPC training). To quote the full comment: “The EPO chose to bring itself under the jurisdiction of the EU when it brought the Biotech Directive into the EPC rules. Now it has to stay proceedings to sort this all out. There is no point granting/maintaining patents which are not valid according the Biotech Directive. It’s clear that in the long term the Enlarged Board cannot remain independent of the EU, particularly once the UPC is up and running and presumably the CJEU will then be looking at patent cases at lot more regularly as the final appeal court for the UPC. We clearly cannot have 2 final patent courts in Europe and this is a good opportunity to start the process of allowing the CJEU to take over the responsibilities of the Enlarged Board.”

“As the EBA did not abide by the wishes of the AC (and of the president) in this matter, it was relocated to Haar.”
      –Anonymous
One person asked: “Why bother about separation of powers? It started with the house-ban of a member of the BA by the president of the EPO a while ago. It continued. As the EBA did not abide by the wishes of the AC (and of the president) in this matter, it was relocated to Haar. As long as the AC has not amended the Rules, there is no objective reason to stay any proceeding. By staying the proceedings, the BA are also touched. Another good way to retaliate.”

We recently argued that the Administrative Council was complicit and under the control of Battistelli rather than it being the other way around (as it ought to be). As the Administrative Council is controlled by Battistelli's pet chinchilla (alluding to the darker side of his life), this is hardly surprising.

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