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

03.14.17

The European Patent Office is in a State of Collapse and It Coughs Up Rubbish Patents Until Its Death

Posted in Europe, Patents at 10:38 am by Dr. Roy Schestowitz

Considering declines in number of applications, not even as a patents register (like INPI) can it survive fiscally

Apropos: New Paper Outlines Concerns That the EPO as a Patent Examination Office is Dying, Gradually Turning Into a Registration Office

Cough up blood
This could, potentially, be terminal…

Summary: An EPO insider explains how severe the crisis at the EPO has become, especially now that patents are coughed up at a far higher pace in spite of decreasing “demand” from European applicants

“The Battistelli system,” an EPO insider privately explained to us, is not working. “I think the scandal regarding the colleague who produced 63 searches and 20 grants in one month deserves a deeper look into. For anybody who’s ever done a search and an examination it’s clear that 83 products a month (in January) is an impossible achievement.”

For those who missed it, see this leak that we published about it. The EPO seemed to be trying to distract from it at the time, by issuing a perfect diversion just hours after we had leaked the material/evidence.

“But enquiries of the staff as to the preposterous 83 products a month were brushed aside by the director in those fateful emails in a knee-jerk reaction that shows that nowadays at he EPO production, even unrealistic, is protected from all critics…”
      –Anonymous
“Even if one admits that some of the files were transferred from the previous month,” the insider told us, “as explained by the director, this is not a remotely credible…

“December is a short month and an average of 40 products per month in two consecutive months which include the winter holidays is in the realm of fantasy. Moreover, if a search is started, according to the new regulations, the examiner has ten days for finishing the search, so if one starts treating files in December without finishing them there will be a lot of red-flagged files in January.

“That should’ve rung a bell for the director who is supposed to keep an eye on timeliness. He should also have known that the respective production was impossible in the given time period. But enquiries of the staff as to the preposterous 83 products a month were brushed aside by the director in those fateful emails in a knee-jerk reaction that shows that nowadays at he EPO production, even unrealistic, is protected from all critics…

“Even better, Battistelli should retire (which he will certainly not do of his own will) or the Administrative Council should finally grow a spine (hard to believe either) and decide to oust him and let somebody else restore the credibility of the EPO after the disastrous years.”
      –Anonymous
“What happened is a compound failure of the examiner and the director, symbolic of the “everything goes” scam system implemented by Battistelli in which production figures are disconnected from quality in spite of the achievements trumpeted by Battistelli in the all too subservient press and his self-serving events.

“It’s not that quality at all levels is that compromised but the high producer bonus system incentives a low number of greedy examiners to cut corners and attempt to produce a high number of searches and grants regardless of quality in search of the yearly bonus. If Battistelli really wanted to restore a minimum of credibility to the office he should start by ordering the Quality Control Department to carry out an examination of [...] searches and grants – and make the findings public. Otherwise the EPO will be regarded with even more mistrust and its reputation will continue to sink. Even better, Battistelli should retire (which he will certainly not do of his own will) or the Administrative Council should finally grow a spine (hard to believe either) and decide to oust him and let somebody else restore the credibility of the EPO after the disastrous years.

“With his own secret service, destroying the lives of the inconvenient staff representation members by firing them, one can only imagine his behaviour, and his opponents’ end, had he been the president of a Central Asian or African country.”
      –Anonymous
“We’ve seen over and over again that dictators are adulated during their reign and accepted even by democratic countries but after their demise all the dirt comes out from under the carpet tainting all those who supported them in the past. There is no reason to believe that Battistelli will suffer a different fate after his departure. A petty wannabe grand dictator who, fortunately for the world, has ended up mistreating only a [European institution] instead of a whole country. With his own secret service, destroying the lives of the inconvenient staff representation members by firing them, one can only imagine his behaviour, and his opponents’ end, had he been the president of a Central Asian or African country.”

Bastian Best, a proponent of software patents in Europe (and by extension a patent maximalist), doesn’t appear to have grasped all that. The EPO occasionally uses him as some sort of ‘poster child’ for his propaganda, whether he cares to admit it or not.

Earlier this week he wrote a couple of tweets [1, 2] to the effect of: “Why #softwarepatent eligibility is not an issue at the @EPOorg—and what the USPTO could learn from this” (not a new article).

People like Best hope to make software officially patentable both in Europe and the US (where such patents are facing challenges under Alice).

“Examiners tell us that they are against software patents, but Battistelli’s terrible system compels them to grant anyway.”I politely explained to Best that insiders from the EPO say they are granting software patents against their will. Examiners tell us that they are against software patents, but Battistelli’s terrible system compels them to grant anyway. It’s a monstrous operation in the making, as one day it will devastate engineers across the whole of Europe (more so if the UPC ever becomes a reality). At today’s EPO, as noted again above, examiners are not given enough time to examine patent applications. In a sense, the Office has no quality control anymore. It only has the pretense of it, and what’s left of several decades of aging (and decaying) reputation.

Benjamin Henrion told Best: “US can copy the EPC, and get in its law all abstract items clearly mentioned as not patentable. As such can also go.”

Well, today’s EPO doesn’t care what the EPC or even Parliament might say. The EPO operates like a body above and outside the law. “Examination matters” is an event that the EPO has just advertised, saying that “Examination matters for various reasons.”

“Examination matters NOT at the EPO under Battistelli’s regime,” I responded to them by saying, “not ANYMORE!”

It’s a very dangerous thing as it’s lethal to Europe’s competitiveness. The staff of the EPO knows it and maybe the management knows it too. But what do they care…

They turned the EPO into a personal cash cow, filled by stakeholders for the enrichment of even patently corrupt officials. Like this Vice-President

“They turned it into a personal cow, filled by stakeholders for the enrichment of even patently corrupt officials.”How do stakeholders feel about it? The EPO’s stakeholders have apparently caught up already and patent applications are decreasing in number. What’s Battistelli’s plan? Hello Erdoğan? See this EPO tweet from yesterday. “Turkey joins the Federated European Patent Register,” it says.

Yesterday there was also this new article about Battistelli’s EPO and Putin’s Russia. To quote: “The European Patent Office (EPO) and the Russian Patent Office (ROSPATENT) have agreed a Patent Prosecution Highway (PPH) pilot programme between the EPO and ROSPATENT that commenced on 1 February 2017 and will run until 31 January 2020.”

How is this beneficial to Europe and how many Russian patents are there at the EPO anyway? Not that much more than Turkish patents. More than Cambodian ones (zero), sure, but Russia’s size can be misleading; its GDP is lower than that of tiny South Korea.

“How is this beneficial to Europe and how many Russian patents are there at the EPO anyway?”It seems apparent that people all across Europe are becoming familar with the EPO scandals (at least some of them). Yesterday we caught this comment about Battistelli's Chinchilla. It says: “One also wonders what’s in it for this Kongstad chap. He seems to be going out of his way to block action. Is he best buddies with Battistelli? What reason can he have to help Battistelli?”

“The Chairman is the one protecting Battistelli apparently. Drinking buddies? Someone has a skeleton in the closet?”
      –Anonymous
One person responded by saying: “The Chairman is the one protecting Battistelli apparently. Drinking buddies? Someone has a skeleton in the closet? Or just the normal politics of: “I”m not going to do what you tell me to because I am the POWER!”?”

There are a few more interesting (and new) comments in there, but no new information in them.

Today’s EPO in a nutshell is something like this (as I put it the other day in relation to Team Battistelli rewarding itself again)


Battistelli to Kongstad:
I want more money.
Kongstad: want more money? Go for it. 
It's not like I ever stand in your way.

Someone should fire Kongstad, who is growingly complicit, not just Battistelli. But who can possibly do that? What a rogue state of affairs. An animal slaughterer is ‘supervising’ one who ‘supervises’ staff into their deaths (illness and suicides). Is this the best Europe has to offer?

The EPO is a horrible place and it is only getting more horrible every week. We strongly encourage Dutch readers to contact their officials. Mind the fact that the EPO has just removed the Netherlands from the map, for ‘daring’ to decrease patent applications amid Dutch concerns and uncertainty.

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

A Single Comment

  1. One of those... said,

    March 14, 2017 at 3:59 pm

    Gravatar

    The reasons for the high product-number is different, if my info is correct.

    The person concerned took up additional tasks, and was promised that he can keep the files in the cupboard, most of which have been processed up to the point of “ready for grant”.
    Then someone decided that the person has too many files, and wanted the person to transfer files away. Instead, the person finalised them, so that the reward for the work goes to the person who did the work.

    There have been more of such cases, and actually shows a side effect how the current changes for no other reason than another fast change to keep us busy while the staff gets effed over again….

What Else is New


  1. Great News: While IBM et al Try to Undermine Patent Reform the Supreme Court Deepens the Reform in TC Heartland Case

    In a unanimous decision, with the court ruling 8-0 against TC Heartland, the monkey business in East Texas (beneficial to patent trolls and large businesses that leverage software patents) may have just come to an end



  2. Speculations About Battistelli's End of Term, Campinos at EUIPO, and Failed UPC Ambitions

    Rumours and speculations surrounding the fate of the EPO's leadership now that the UPC gravy train is stuck again and Battistelli's protector, Jesper Kongstad, is about to leave



  3. Martijn van Dam is Wrong to Believe That Battistelli's Abuses Are Somehow Acceptable or Tolerable Because His Term is Possibly Ending

    Coverage of Martijn van Dam’s stance (he is the Dutch State Secretary for Economic Affairs) reveals that economic gain trumps ethics and justice, irrespective of what the law says



  4. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  5. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  6. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  7. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  8. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  9. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  10. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  11. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  12. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  13. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  14. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  15. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  16. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  17. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  18. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  19. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  20. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  21. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  22. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  23. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  24. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  25. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  26. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  27. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  28. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  29. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day



  30. Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

    The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise


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