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

03.25.17

Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

Posted in America, Europe, Patents at 4:50 am by Dr. Roy Schestowitz

Summary: A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management

THE thousands of EPO workers are concerned. The tens if not hundreds of thousands of EPO stakeholders are concerned too. Software developers like myself are growingly concerned about software patents in Europe, seeing what could soon become the European ‘Eastern District of Texas’ with Battistelli as its boss, having granted a lot of bogus patents. This article is an assorted mix of interrelated topics that we have sat on for a while, combined with the latest news. Readers might find these interesting.

“First We Take Munich then we take the Hague”

Tu quoque mi fili“, one person wrote to us, “I just remembered this song,” tweaking Leonard Cohen’s First We Take Manhattan:

They sentenced me to twenty years of boredom
For trying to free the system from the plague
I’m coming now I’m coming now to reward them
First We Take Munich then we take the Hague.

The famous original lyrics said:

They sentenced me to twenty years of boredom
For trying to change the system from within
I’m coming now, I’m coming to reward them
First we take Manhattan, then we take Berlin

“With a bit of humour and philosophy,” our reader noted, “one would notice that history repeats and many don’t learn from the past mistakes. It is sad.”

“Battistelli is Playing With Death Not Only With the Suicides That He Has Directly or Indirectly Provoked”

Let’s talk about the “BBB effect,” wrote another reader, in reference to “Bikes brakes and Battistelli” (BBB).

thank you again for the excellent coverage of EPO matters. Your contributions are certainly a key toward the solution.

Allow to comment on one of the recent publications
.
About the brakes story (again!):

It is now clear for anyone that this incident was created by Team Battistelli in order to introduce additional security measures. However that was an insult to the staff (again) and an extremely dangerous move. It is an insult because the staff of the EPO are utterly pacifists and if they really wanted to “illegally” get rid of the tyrant they could do it and no one would find who did it. After all you have there more than 4000 scientists and engineers and I am pretty sure they could have Battistelli “disappeared” in a far more efficient way than cutting brakes. It was thus an insult to their competence.
The point that worries me is that by alluding that one may want to harm the boss, the management creates that perception that such things are possible and you know if there is a foolish thing to do, you will find a fool to do it. This is a recipe for a disaster. Mr. Battistelli is playing with death not only with the suicides that he has directly or indirectly provoked but also by orchestrating a, yet imaginary, plot against himself. Hence no wonder that he turns paranoid: his life must be a nightmare. He would be afraid to be in any public place, of traveling, taking a taxi, being in an airport, even being in the EPO basement carpark (which I would shut off as a precautionary measure because is is really a dangerous place), being in the lift or even shaking hands. All that is really dangerous, Monsieur le President, are you so tired of living? What about a stay in your beloved Haar nuthouse?

Brain Drain and Collapse of ‘Demand’ for Patents

“Brain drain,” another reader noted, is real, as “the figures the Euro Patent Office doesn’t want you to see” are as follows:

I have just heard this impressive figure: in 2016 over 60 persons retired at ages younger than 55, compared to 5 persons in 2015. Who says there is no brain drain?

We are sad to see the EPO failing so badly. The USPTO, by contrast, is improving. US applications for EPs have in fact just nosedived; even ‘artistic’ statistics by the EPO could not hide this.

EPO Patent Quality (or Scope) Now Worse Than USPTO

To clarify, as I did even a decade ago, I am not against patents (I never was), nor am I against patent offices. I just think that the US is improving patents-wide, whereas the EPO is a travesty that will damage Europe’s competitiveness. Patent quality sucks so badly under Battistelli that patents on life, which are rejected in the USPTO these days, are being accepted by the EPO. There was a new article about this yesterday at The Scientist. To quote the summary: “The European Patent Office will grant patent rights over the use of CRISPR in all cell types to a University of California team, contrasting with a recent decision in the U.S.” The confirmation goes one day earlier. To quote: “The European Patent Office (EPO) yesterday (March 23) announced its intention to award a broad-strokes patent for CRISPR gene-editing technology to the University of California, Berkeley, the University of Vienna, and the Helmholtz Centre for Infection Research. The claims include the use of CRISPR across prokaryotic and eukaryotic cells and organisms, hitting upon the point of contention in a recent patent interference decision in the United States. In that case, the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) denied UC Berkeley the rights over the use of the technology in eukaryotes—the money-making application for CRISPR—leaving that intellectual property with the Broad Institute of MIT and Harvard.”

What a disaster. See our index about CSIRO and CRISPR. This will almost certainly bring patent trolls to Europe pretty soon.

Germany Already Attracts Patent Trolls

Speaking of CSIRO, see this new article from IAM (EPO and trolls proponent), which finally admits that patent trolls now infest Germany, attacking legitimate companies using patents. The Battistelli effect? Here is the relevant part:

Recent research from IP analytics firm Darts-ip has identified China and Germany as the two major patent jurisdictions in which NPEs enjoy the most success in infringement proceedings. However, the relatively low volume of cases being filed by NPEs in China suggests that significant monetisation activity is still some way off – though there are already signs that it is picking up.

The Darts-ip study looks at lawsuits filed by NPEs in several major jurisdictions outside of the United States from 2011 to 2016. The researchers pinpointed just over 250 non-US NPE cases over that period, compared to more than 12,000 US cases. While the number may seem “trivial”, as Darts-ip concedes, it is the trend over the five-year timeframe that is telling.

See what the EPO is doing to Europe? Same thing SIPO is doing to China. It’s destroying the domestic industry. Under Battistelli the EPO became just "SIPO Europe", as we dubbed it back in December.

The EPO moves from bad to worse while the USPTO is at least trying to improve. This new piece from Patently-O (also yesterday) speaks of “Regulatory Reform” using a new working group — like the sorts of groups that existed when Battistelli seized power and then proceeded to shutting down. “Under the direction of the White House,” Patently-O wrote, “the USPTO has formed a “Working Group on Regulatory Reform.” To implement the 2-for-1 regulatory agenda previously outlined on Patently-O. According to a release from Dir. Michelle Lee’s office…”

Lee has done a lot to improve the image of the USPTO. It became a lot saner and among the reforms was the suppression of software patent trolls.

Spain and the EPO

In Europe we are now receiving the exact opposite (see the news about Germany, to be further exacerbated and expand scope-wise with the UPC) and Barker Brettell LLP (mentioned before in relation to the EPO [1, 2] and its advocacy of software patents) insinuates that Spain becoming more like the EPO is desirable. To quote the relevant part from “Will the new Spanish patent law bring harmony in Europe?”

The changes will also alter the opposition process; this will move to a post-grant system like the EPO, except that the term for filing an opposition will be six months from grant rather than the EPO’s nine months. Harmony with the EPO is also achieved when it comes to ‘second medical use’ inventions; when patenting already known substances or compositions for use in new therapeutic applications the ‘Swiss type’ form of claim is no longer needed. Also mirroring the changes that EPC2000 brought in, there remains an exclusion from patent protection for surgical, therapeutic and diagnostic treatment methods but the legal fiction that these methods lack industrial application is removed.

The option will be available for post-grant limitation or revocation of the patent by the patentee. As with a central limitation or revocation at the EPO, a request can be made at any time during the life of the patent and will be retroactive in its effect.

“Since when are the Spanish people asking Franco for a comeback?”

That is what an EPO insider thought of it. As we noted yesterday, Spain continues to reject the UPC. Seeing what happens in Germany right now should be a strong defense of this decision. it’s possible that 4 days from now the UPC will be more or less officially dead in the water.

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. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  2. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  3. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  4. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  5. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  6. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  7. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  8. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  9. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  10. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  11. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  12. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  13. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  14. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  15. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  16. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  17. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  18. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  19. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  20. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  21. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  22. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)



  23. Links 12/3/2019: Sway 1.0 Released, Debian Feuds Carry On

    Links for the day



  24. Microsoft is Complaining About Android and Chrome OS (GNU/Linux) Vendor Not Paying for Microsoft Patents (Updated)

    Microsoft, which nowadays does the patent shakedown against GNU/Linux by proxy, is still moaning about companies that don’t pay ‘protection’ money (grounds for antitrust action or racketeering investigation)



  25. Watchtroll Has Redefined "Trolls" to Mean Those Who Oppose Software Patents (and Oppose Trolls), Not Those Who Leverage These for Blackmail Alone

    The controversial change to 35 U.S.C. § 101 guidance is being opposed by the public (US citizens who oppose American software patents), so patent maximalists like Janal Kalis (“PatentBuddy”) and extremists like Gene Quinn (Watchtroll) want us to believe that the public is just “EFF” and cannot think for itself



  26. EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli

    The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)



  27. Links 11/3/2019: Linux 5.0.1, Audacity 2.3.1, GNU Coreutils 8.31

    Links for the day



  28. US Patent Law Currently Not Changing Much and Software Patents Are Still in Limbo

    Surveying the news, as we still meticulously do (even if we don't write about it), it seems clear that American courts hardly tolerate software patents and proponents of such patents are losing their voice (or morale)



  29. EPO Examiner: “I Have Been Against Software Patents and Eventually 3/4 of My Job is Examining Software Patent Applications.”

    Overworked examiners aren't being given the time, the tools and the freedom to reject patents, based on prior art, patent scope and so on; it is beginning to resemble a rubber-stamping operation, not an examining authority



  30. Europe Will Pay a High Price for Software Patents Advocacy by António Campinos in Europe's Patent-Granting Authority

    EPO President António Campinos — like Iancu at the U.S. Patent and Trademark Office (USPTO) — is still promoting software patents in Europe even though such patents are clearly detrimental to Europe’s interests


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