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

05.12.17

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

Posted in Europe, Novell, Patents at 6:45 pm by Dr. Roy Schestowitz

Better days will come, but it might be too late to save the jobs of examiners (and hence the EPO as we knew it, with some of the brightest minds of Europe)

Nice sunset
Keep hope…

Summary: 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)

READERS often ask what can be done to repair and redeem the EPO amid endless scandals and abuses committed by the management. Readers are almost always more pessimistic than us; we’re not overly optimistic but we are certainly seeing progress in the right direction (e.g. most member states voting in favour of ousting Battistelli, Kongstad being allegedly pushes out by the Danish government and more). It’s a long, tiring process that requires patience; I wrote many thousands of articles about Novell, for example, and eventually, after 4 years of activism, the company virtually died. Some prominent developers attributed the company’s demise to Techrights. I have already experienced this kind of process, which typically requires a lot of patience and eventually triggers departures (resignations, early retirements etc.) at the very top. It’s already happening at the EPO (Ciaran McGinley, Minnoye, Kongstad and so on) and Team Battistelli signals a run for the money, which is another symptom of collapse (people trying to secure their post-career savings, pensions and so on).

“It’s a long, tiring process that requires patience; I wrote many thousands of articles about Novell, for example, and eventually, after 4 years of activism, the company virtually died.”A translation of a Telegraaf report about the EPO was published today or yesterday by SUEPO. It’s the Dutch newspaper that accused Battistelli of "terror" half a year ago and here is a translation of this latest article, citing again those memorable accusations of “terror”:

Complaint against the State concerning problems at Patent Office

RIJSWIJK – The European Patent Office (EPO) in Rijswijk is the subject of discussion once again due to problems on the workfloor. Two trade unions at the international organisation, where a striking number of employees committed suicide in 2014, have submitted a complaint against the Netherlands. The reason: violation of the right to access to the courts.

At the EPO, which employs a few thousand people, there has been talk of a culture of intimidation by the management for years, resulting in serious damage to the working atmosphere within the organisation. “The management is also making it impossible for the trade unions to effectively represent the interests of their members,” says lawyer Liesbeth Zegveld. “Although an organisation like the Patent Office enjoys immunity from jurisdiction under normal circumstances, this does not apply if the trade unions have no effective legal remedy to raise the problems. In accordance with established case law at the European Court, a national court can adopt jurisdiction in this case.”

SEE ALSO: Concerns about ’terror’ at Patent Office

On Tuesday, Zegveld submitted a complaint to the European Court of Human Rights. “As a signatory state, the Netherlands is obliged to ensure that the European Treaty is guaranteed on its territory. Instead of this, violations of human rights are being covered up.”

The issue at the Patent Office is in fact being debated in the Dutch House of Representatives today.

The organisation has now been led with a firm hand for years by the French despot Benoît Battistelli. State Secretary Van Dam (Economic Affairs) stated at the end of last year that he would be keeping a finger on the pulse at the Patent Office.

We predict or project that Battistelli will only end his term if the delegates are ‘generous’ enough to believe it’s somehow acceptable to let him carry on because he’s already near the end of his second term. Having said that, he will never see the UPC come to fruition, meaning that 8 years at the helm will have ended up as a miserable failure.

“We predict or project that Battistelli will only end his term if the delegates are ‘generous’ enough to believe it’s somehow acceptable to let him carry on because he’s already near the end of his second term.”Based on comments received earlier today, EPO insiders have been exposed to more Kool-Aid than most. Who knows, maybe Battistelli ‘pulls a Flint’ and lets that Kool-Aid slip into the water supply of the Isar or even the Isar building. Either way, we are gratified to see more people (even former Kats) openly recognising that one side of the argument over UPC has been muzzled, left out, suppressed etc. Quite a few of these former Kats are not optimistic about the UPC compared to the Kats who virtually took over that blog. Some of them are too shy to speak about it publicly, but there is broad realisation that the UPC is sort of stuck. Found today [via Benjamin Henrion] was this podcast about “Insight Into Litigation Before the UPC”, a new UPC puff piece promoted by a law firm, and various responses to it (from Francisco Moreno too), e.g. explaining that we “could revert all those 10 reasons to support the UPC” (rewriting the lobbying-type headline from Withers & Rogers — a firm whose actions would harm British businesses).

“For UK businesses,” it claims, “there is a clear advantage to being able to litigate in one’s mother tongue. This will be possible at all UPC hearings…”

“The truth of the matter is, the UPC is built very loosely on a pile of lies.”First of all, the UK isn’t in the UPC (Brexit makes that pretty much impossible) but perhaps more importantly, not many British companies would pursue litigation abroad (where they don’t operate) and they would be very much exposed to more litigation from other countries (if not other continents). Funny how they don’t mention that…

The truth of the matter is, the UPC is built very loosely on a pile of lies. Some of the lies are truly incredible and are complete reversals of the truth! Here is Francisco Moreno highlighting the next UPC think tank, which claims “[d]iversity of views and opinion” (an utter lie. Battistelli and Team UPC clearly misportray their lobbying event).

As Henrion pointed out, “they never invite the critics. Yet another echo chamber with the usual suspects.”

“If anyone knows who is likely to replace Kongstad, please do get in touch with us as close scrutiny of the candidates would help guide the choice made by delegates (most of whom already want Battistelli kicked out).”See the screenshot. Yes, that’s Battistelli right there and the “Unitary Patent and Unified Patent Court conference” in Munich will cost ‘only’ €600 for one single day! Talk about barrier to outside participation. With Battistelli in there, we are reminded of the fact that he is the person to blame for chaos inside and outside the EPO. He wanted to become the ‘face’ of UPC and instead he will be immortalised as a horrible dictator who crashed the EPO.

Will Battistelli manage to rewrite the rules to make himself eligible for another term (he was ineligibly even for the current term, due to his age and political activity)? Will he use the failure of the UPC as an excuse for buying more time? One sure thing is, the EPO’s management is crumbling right now. Minnoye is leaving soon (we’ll have a departure ‘gift’ for him), Battistelli’s popularity is at an all-time low (probably in the history of the EPO as a whole), and the Council is prospectively headless. If anyone knows who is likely to replace Kongstad, please do get in touch with us as close scrutiny of the candidates would help guide the choice made by delegates (most of whom already want Battistelli kicked out).

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

Leave a Comment

You must be logged in to post a comment.

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