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

03.08.17

Battistelli’s Shock Doctrine is Coming to the EPO’s Boards of Appeal, Having Already Rattled the Office

Posted in Europe, Patents at 1:00 am by Dr. Roy Schestowitz

“Independence” apparently means harsher supervision and vastly degraded working conditions

Shock Doctrine cover

Summary: The vicious attacks on the Boards of Appeal are already having a very negative effect on their ability to operate and the end result will be lack of patent justice, just more and more so-called ‘production’

BELATEDLY, years too late to be precise, the EPO‘s management comes under fire from top Dutch officials who seem eager enough to take severe action. Following our coverage the other day, even Dutch media covered this letter from the Dutch Foreign Minister (yesterday).

“Nothing about even perception of [Boards of Appeal] independence. Only: give me the numbers, and make regular reports on members, indicating how they will increase their production.”
      –Anonymous
It seems to be able to understand that the whole Organisation is now in disarray. It’s becoming just a production line rather than a patent examination office.

“New President of EPO Boards of Appeal,” one source tells us about Josefsson [1, 2, 3], “talked to [the] Chairmen yesterday. Nothing about even perception of independence. Only: give me the numbers, and make regular reports on members, indicating how they will increase their production. Re-nominations will depend on the reports of the member concerned. This should make it very clear that, whatever the stated intention behind the reform of the Boards of Appeal, their new president was given only one clear task: make those annoying judges produce more. One idea which is now circulating is to save time by not writing the board’s provisional opinion before oral proceedings take place.”

So, in simple terms, they’re attacking people outside the Office and inside the appeal boards in more or less the same way. Quality of patents does not seem to matter anymore.

“Quality of patents does not seem to matter anymore.”“Oh no,” Bastian Best wrote the other day, “the backlog at the EPO boards of appeal still seems to increase!”

The appeal boards are not lazy. They're understaffed and constantly under attacks from Battistelli. It’s like the “shock doctrine”. They say so publicly, as recently as days ago [1, 2]. Well, that’s what happens when one understaffs them the way Battistelli and Kongstad have. Best’s source is this new blog/article titled “Hot numbers”. “Here is my selection of subjective highlights from the report,” it says, “I will focus only on the technical boards of appeal, which handle the vast majority of appeals at the EPO.

“First, the total number of new cases, has increased to a record total of 2748. That’s a 15% increase relative to 2015, but only a 6% increase relative to 2012, since there was a drop in new cases in 2013 and 2014.”

So understaffing has made no practical sense (just collective punishment or vendetta), but as we pointed out before, the boards can serve to reveal sharp declines in patent quality; the last thing Battistelli wants are some truly independent judges stating so to the world.

“The appeal boards are not lazy. They’re understaffed and constantly under attacks from Battistelli.”Marks & Clerk, proponents of the EPO, software patents, the UPC and all that abuse that brings them money, came out with 2 more puff pieces in the past week [1, 2]. Both are about appeals but obviously say nothing about the crisis of the appeal boards. It has become almost a taboo subject inside the Office because those who dare criticise these operations (or Battistelli’s policies) tend to find themselves wrongly accused and then dismissed.

A lot of patent law firms out there, even if they cannot tolerate what Battistelli has done (deep inside they want him ousted), are still in denial about core issues at the EPO because they feel as though they need to suck up to the EPO and milk their cows as much as possible before these cows are dead.

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 for EPO and Saint-Germain's Poisonous Legacy of "Toxic Loans" Series

    A roundup or an index of this past week's series about financial gambles at the EPO -- Battistelli's own dubious idea



  2. Saint-Germain's Poisonous Legacy of "Toxic Loans": Quo Vadis EPO?

    In spite of the SIDRU “toxic loans” scandal in St. Germain-en-Laye, where Battistelli is Deputy Mayor, the EPO’s Administrative Council repeats similar mistakes with opposition only from one country — the only country that actually bothered to study the matter before voting on it



  3. Links 26/5/2018: Wine 3.9, KStars 2.9.6, Bodhi 3.8.0, FreeBSD 11.2 Beta 3

    Links for the day



  4. Saint-Germain's Poisonous Legacy of "Toxic Loans": The SIDRU “Toxic Loan” Débâcle a Case of “Take the Money and Run...”

    The fourth part of the series exploring the debt crisis at Battistelli’s town (where he’s deputy mayor) in light of the EPO’s gambling with financial speculators, potentially adding to the many EPO scandals



  5. EPO, a Longtime Privacy Offender, Uses General Data Protection Regulation (GDPR) Day to Lie to the Public

    The European Patent Office (EPO) has the nerve to pretend to value privacy after all it has done; it's just exploiting the "GDPR Day" buzz to spread some more face-saving lies about the very subject it has become incredibly notorious for



  6. The Unitary Patent and the Unified Patent Court (UPC): This Week's Latest Spin and Lies

    The EPO has adopted a largely passive approach, choosing barely to comment at all on the UPC whereas Team UPC keeps repeating the same misleading if not patently untrue claims to perpetuate the notion that UPC is inevitable



  7. Links 25/5/2018: OpenSUSE 15 Leap Released, PostgreSQL 11 Beta

    Links for the day



  8. Privacy Statement

    Today, May 25th, the European General Data Protection Regulation (GDPR) goes into full effect; we hereby make a statement on privacy



  9. Saint-Germain's Poisonous Legacy of "Toxic Loans": The SIDRU “Toxic Loan” Débâcle and Criticism of Lamy From Local Opposition Groups

    The EPO‘s entrance into the “toxic loans” trap as of a few months back (just like in Saint-Germain) is a sign of potential trouble ahead; The SIDRU “toxic loan” débâcle is highlighted as per criticism of mayor Lamy (St Germain-en-Laye, where Battistelli is deputy mayor) from local opposition groups



  10. New EPO Caricature: The Rubber Stamp

    Cartoon which circulates in EPO 'circles', encapsulating the concern many people have about the quality of granted patents and unrealistic expectations from the management



  11. Links 24/5/2018: RIP Robin “Roblimo” Miller, Qt 5.11 Released

    Links for the day



  12. Walmart, Bank of America, Allied Security Trust (AST) and the Rush for 'Blockchain' Patents

    The hoarding of patents on novel-sounding code has reached ridiculous levels; very large corporations and even patent trolls arm themselves with such patents, hoping to make returns by means of litigation or an 'arms trade'



  13. Stupid Blogs, Stupid Lawsuits, and Stupid Patents

    The stupidity of the patent microcosm, which would like to see everything in the world patented and which would gleefully smear or even sue its critics (the EFF was sued several times for libel over its "Stupid Patent of the Month" series)



  14. Perpetuating the Big Lie That Unitary Patent (UPC) is About to Kick Off

    The (in)famous old lie about UPC being "just around the corner" is still being circulated, mainly if not only by patent law firms which stand to benefit from a litigation Armageddon in Europe



  15. EPO Validation in Former French Colonies That Have Zero European Patents

    The strategy of the EPO seems to be centered around the interests of Benoît Battistelli and his political career rather than that of the EPO; validation deals and dubious 'Inventor Awards' seem to be part of this pattern



  16. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Cautionary Tale of SIDRU and Its “Toxic Loans”

    The town where the EPO‘s President (Battistelli) is a deputy mayor has a track record of financial hardship and alleged financial misconduct, attributed to the same financial practices Battistelli has just implemented at the EPO



  17. Links 23/5/2018: DragonFlyBSD 5.2.1 and Kata Containers 1.0 Released

    Links for the day



  18. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  19. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  20. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  21. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  22. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  23. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  24. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  25. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  26. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  27. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  28. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  29. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  30. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day


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