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

03.30.17

EPO is a Laughing Stock in International Media This Week (Quality of Patents) After Decades-Long Reputation Building

Posted in Europe, Patents at 8:10 am by Dr. Roy Schestowitz

How thoroughly devalued are EPs (older ones too) in the Battistelli era of incredible lies, foul play, corrupted media, unprecedented tyranny and deadly mischief?

Summary: The reputation of European Patents (EPs) is quickly going down the drain, as Battistelli defies the law and the very fundamental principles of patenting

THE EPO, both the Office and the Organisation, may be compromised beyond repair. As we explained yesterday, the Battistelli coup has strong-armed the Council through Kongstad, his protector if not mole (or chinchilla). It’s now an unsupervised and unaccountable body, disconnected from the rule of law of any nation (while willfully disregarding also international safeguards like ILO).

One comment said yesterday that Battistelli may attempt to stay forever at the throne, extracting more money from the Organisation (or what’s left of it by then). “Trust Battistelli,” the comment said, “to use all tricks (do not forget he seats on a yearly budget of 2 billions Euros with zero decent financial control…) to have the selection of a successor postponed until the end of times since he has NOTHING waiting for him in France where he is persona non grata

“He violated the EPC as he see pleased and the Admin Council delegations let him do this so those who expect him to go on 30th June 2018 dream with open eyes.”

“To paraphrase the immortal words of playwright Sebastian Barry,” continues another comment, “He will live forever … like a f***ing vampire!”

Battistelli is already embarrassing Europe and fracturing the EU (see comments at The Register for instance). Europe as a whole is being ridiculed over behaviour of EPO management, or European politicians’ reluctance to intervene. At the same time, articles such as these [1, 2] continue to be published, making Europe seem like the laughing stock of patent offices (more like 'SIPO Europe'). The BoA will look into it sooner or later (it seems inevitable), but it no longer enjoys any form of independence from the "vampire" (to use the above from Sebastian Barry).

There are several more press releases and financial news about firms associated with CRISPR; it’s truly nauseating. What has the EPO sunk to? A lot of people don’t know what CRISPR is about (the acronyms are a lot more confusing than helpful), but it’s clearly what the Office must object to, for legal reasons as well as economic/practical reasons. Does the EPC turn into toilet paper in Battistelli's private deluxe shower room? Does the EPC matter at all anymore, now that the Office openly advocates software patents in Europe, as demonstrated twice in the past week alone [1, 2]?

Another thread, this one about BoA, speaks about the EPC as follows:

Essentially the question boils down to whether the EPC, in particular Article 72 thereof should be applied to assignments of the right to (refer to the) priority. Here we have currently two standards to consider.

1) The standard of T62/05, the restrictive standard requiring bilaterally executed assignments to demonstrate legal succession, applying Article 72 EPC by analogy to transfers of (national) prior rights, i.e. the problematic one.

2) A more reasonable standard set by decisions T160/13, T517/14 and T205/14. Both T517/14 and T205/14 determine the relevant law that governs the requirements for a valid transfer of the right of priority (to be the relevant national law; Reasons point 2.7 of T517/14, point 3.6 of T205/14) and explicitly dismiss the approach of T62/05 to apply the formal requirements set through Article 72 EPC.

The recent edition of the Case Law of the Boards of Appeal of the EPO (8th Ed. July 2016) also rather promotes the more reasonable approach of the later decisions to consider a transfer valid if it was in line with the national law of the parties concerned.

For EP filings, I recommend to have the inventors and the (later) assignee as joint applicants on the second filing (EP) and to record a change to the assignee as only applicant later on. If all parties are comfortable with this course of action, it saves a lot of possible trouble (identity of the parties, change of assignee’s name, completeness of signatures on the assignment documents, etc.).

Forget about the EPC. Battistelli doesn’t give a damn about the EPC and there’s nobody to enforce the EPC anymore.

We don’t think that the EPC matters any longer. Not as long as the “vampire” stays. He’s so eager to make the UPC a reality that everything including human rights, the rule of law and so on goes down the toilet of the 10th floor. Has Battistelli gotten/secured himself a private lift and a limousine yet? If not, why not? If a bicycle tale is enough to ‘sell’ millions of Euros in bills for personal bodyguards, another elevator is just slush funds. Maybe some tale about someone farting in the elevator would do. What a laughing stock the EPO has become. I used to actually be proud of the EPO.

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. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  2. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  3. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  4. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  5. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  6. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  7. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  8. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  9. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  10. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  11. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  12. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  13. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  14. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  15. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  16. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  17. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  18. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  19. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  20. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day



  21. Links 17/8/2019: Unigine 2.9 and Git 2.23

    Links for the day



  22. Computer-Generated Patent Applications Show That Patents and Innovations Are Very Different Things

    The 'cheapening' of the concept of 'inventor' (or 'invention') undermines the whole foundation/basis of the patent system and deep inside patent law firms know it



  23. Concerns About IBM's Commitment to OpenSource.com After the Fall of Linux.com and Linux Journal

    The Web site OpenSource.com is over two decades old; in its current form it's about a decade old and it contains plenty of good articles, but will IBM think so too and, if so, will investment in the site carry on?



  24. Electronic Frontier Foundation Makes a Mistake by Giving Award to Microsoft Surveillance Person

    At age 30 (almost) the Electronic Frontier Foundation still campaigns for privacy; so why does it grant awards to enemies of privacy?



  25. Caturdays and Sundays at Techrights Will Get Busier

    Our plan to spend the weekends writing more articles about Software Freedom; it seems like a high-priority issue



  26. Why Techrights Doesn't Do Social Control Media

    Being managed and censored by platform owners (sometimes their shareholders) isn’t an alluring proposition when a site challenges conformist norms and the status quo; Techrights belongs in a platform of its own



  27. Patent Prosecution Highways and Examination Highways Are Dooming the EPO

    Speed is not a measure of quality; but today's EPO is just trying to get as much money as possible, as fast as possible (before the whole thing implodes)



  28. Software Patents Won't Come Back Just Because They're (Re)Framed/Branded as "HEY HI" (AI)

    The pattern we've been observing in recent years is, patent applicants and law firms simply rewrite applications to make these seem patent-eligible on the surface (owing to deliberate deception) and patent offices facilitate these loopholes in order to fake 'growth'



  29. IP Kat Pays the Price for Being a Megaphone of Team UPC

    The typical or the usual suspects speak out about the so-called 'prospects' (with delusions of inevitability) of the Unified Patent Court Agreement, neglecting to account for their own longterm credibility



  30. Links 17/8/2019: Wine 4.14 is Out, Debian Celebrates 26 years

    Links for the day


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

Recent Posts