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

09.05.17

Deepening EPO Crisis and a New Report Titled “EPO Patent Filing a Rigged Game in Europe”

Posted in Europe, Patents at 9:22 am by Dr. Roy Schestowitz

God and EPO

Summary: The demise of the EPO and of European Patents (EPs) under Battistelli, a man who fancies himself a god and ignores rationality for the sake of the litigation ‘industry’

THE EPO scandals will pick up the pace again as people return from holiday. We have begun scrutinising it more closely, based on numerous alerting mechanisms and informants. The EPO knows it’s in trouble because it never managed to catch anyone; its ‘fishing expeditions ‘never stopped anybody and neither did the SLAPP tactics (which merely emboldened us to write even more). Blocking Techrights accomplished almost nothing as people like EPO insiders can still read the site outside work. Many former EPO staff tell us that they too follow these developments closely. The EPO never caught us in a lie. We published nearly 2,000 articles about it.

“How much money has Philips wasted on EPs, whose value is likely to have vastly diminished due to the EPO’s failings?”The head of the European Patent Organisation is about to leave. He was preceded by Battistelli, who is also going to leave (next summer). Guess who else is leaving…

Head of patents at the top EPO patenter (as per filings), Philips. How much money has Philips wasted on EPs, whose value is likely to have vastly diminished due to the EPO’s failings? Remember that Philips has been a patent bully that uses proxies like Sisvel to attack and rob innocent companies at expos. Philips is definitely a patent aggressor, it just outsources the shakedowns to other firms. Sisvel, by the way, was presenting alongside the EPO not too long ago in Turin.

The news about the Philips departure was probably broken by Battistelli's favourite fake news site. It said this yesterday:

Brian Hinman, chief IP officer at Philips, will be leaving the company in the middle of this month, IAM can reveal. The departure is entirely amicable and has been driven by Hinman’s desire to be closer to and spend more time with his family. Since taking the position in 2013, Hinman has split his time between the US and Philips HQ in Eindhoven, and now wishes to re-establish himself full-time State-side.

Why did he leave after all this time? We’re not easily buying the template of “spend more time with his family.” We saw similar claims from the head of the European Patent Organisation; it later turned out, based on rumours, that his government actually fired him (albeit politely, giving him the chance to step down). We were never able to verify this based on hard documents, but the source of this claim is quite credible.

“Raimund Lutz says Germany’s Constitutional Court has asked for comments on the UPC lawsuit.”
      –Managing IP
The EPO cannot deny the fact that there is a crisis. The European Patent Organisation said so explicitly in an internal document. It used the word "crisis". It’s also difficult to ignore the fact that IAM refuses to cover any of this. Managing IP too hasn’t mentioned it in nearly a year. Right now it is (once again) organising a pro-UPC event where keynote speeches are from the EPO, namely the architect of Battistelli’s regime and facilitator of human rights abuses, according to EPO insiders. A laster tweet said this: “Raimund Lutz says Germany’s Constitutional Court has asked for comments on the UPC lawsuit.”

So here we go again, Managing IP as UPC and EPO management’s megaphone.

Managing IP is promoting this thing today. It’s in Munich. Just serves to remind us of the incestuous relationship between EPO management and some of the media…

The patent microcosm too is culpable in the sense that the vast majority of it chooses to remain silent, unwilling to speak out against what is clearly breaking the EPO apart. Juve‘s poll/survey showed that Battistelli had a 0% approval rating among the respondents (a fact that was later recklessly spun by the EPO, internally).

Yesterday, writing about the subject more than 2 months late, Roschier’s Anne Kyyrö and Vilhelm Schröder wrote about admission from the European Patent Organisation that EPs had been granted in error:

On 29 June 2017, the Administrative Council of the European Patent Organisation (EPO) made a decision by which it intends to change the earlier practice of the EPO regarding the patentability of products obtained by an essentially biological process. Said decision of the EPO amends Rules 27 and 28 of the Implementing Regulations to the European Patent Convention (EPC) by inter alia stating that plants and animals exclusively obtained by means of an essentially biological process will no longer be patentable. The decision entered into force on 1 July 2017. The amended rules are not only applied to European patent applications submitted on or after 1 July 2017, but also to European patent applications and European patents pending at that time.

The ramifications of this are huge and we wrote half a dozen or so articles about it. What happens now that people (or corporations) with EPs realise that they can lose these EPs overnight, without even a trial/appeal rights?

More interesting was this article from yesterday, which had been titled “Is EPO Patent Filing a Rigged Game in Europe?”

They have since then changed the headline to “Here’s Why the Current Patent Filing System May Be Stifling Innovation” and it covers ‘legalised’ tax evasion through patents (Patent Box regime was covered here many times before):

The Patent Box Regimes

Another important decision is to choose in which country bring the intangible asset to be protected. The larger the size of the taxpayer, the more money being managed, the greater the financial administration being more tolerant to the potential contributor. The consequences are many: the taxable amount payable in the country with the highest tax decreases, whereas the tax base to pay in the country with lower taxation increases. In this way, there is a detriment to the more expensive country, a benefit to the less expensive country and an additional benefit for the shareholders of that company.

Which countries demand less taxes? Switzerland does not attract much, in Europe every country sets the rates it wants and for this reason, the biggest companies in the world have transferred trademarks and patents to the Netherlands and Ireland where taxes are very low.

With the 2015 Stability Law in Italy, the Patent Box was introduced. Currently, income from patents and trademarks are subject to a tax of 31.4%, with the Patent Box it will halve to 16%. In France, the Patent Box was introduced in 2000 and provides for a 15% tax. In Hungary, introduced in 2003, a tax of 9.5%. In the Netherlands, introduced in 2007, a tax of 5%. In Spain, since 2008, 12%. United Kingdom, from 2013, 10%. Belgium, since 2007, 6.8%. Cyprus, from 2012, 2.5%. Malta, since 2010, there is no taxation. Switzerland has, since 2011, 8.84%. Portugal, from 2014, 15%. Europe is becoming increasingly weakened by “tax wars”.

The article’s author then wrote about centrally-managed nepotism at the EPO — a subject first exposed by Techrights with this leak — an important leak that was later covered in international media and resulted in many face-saving moves from the EPO, then threats of lawsuits (SLAPP). Here is what it says:

The European Patent Organisation (EPO)

While this war is played, Munich decides: inventors and small and large companies from 38 European countries have to submit their patent application to the EPO (European Patent Office). The European Patent Office examines the applications and finally it decides whether to grant or refuse the patent. It takes roughly four or five years.

The procedure isn’t always fair. Companies such as Canon, Philips, Microsoft, Qualcomm, BASF, Bayer, Samsung, Huawei, Siemens, Ericsson and Fujitsu receive “V.I.P. treatment” from the EPO, although most of them are not even European. Due to the fact that they carry real money, they receive dedicated assistance and more attention. In conclusion, it goes against small inventors who will spend years and much more money to protect their idea. An outsider might well argue that the EPO operates like a business rather than a public service (to Europeans).

The EPO does not depend on Europe, it is not part of the European Union. It is a private institution that has immunity. So who controls the controller? The Administrative Council is made up of representatives of the member states. There is also the European Commissioner, who is an observer within the Administrative Council. However, there is no supranational authority independent of the council that exercises control over EPO’s activities.

The article correctly concludes by saying that “US applications have decreased substantially, while Japanese companies have presented a slightly lower number of applications.”

Yes, the EPO is running out of work. This will, inevitably, mean a lot of layoffs.

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. 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



  2. 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



  3. 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



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

    Links for the day



  5. Privacy Statement

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



  6. 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



  7. 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



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

    Links for the day



  9. 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'



  10. 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)



  11. 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



  12. 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



  13. 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



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

    Links for the day



  15. 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)



  16. 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



  17. 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)



  18. 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"



  19. 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



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

    Links for the day



  21. 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



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

    Links for the day



  23. 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



  24. 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



  25. 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)



  26. 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



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

    Links for the day



  28. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  29. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  30. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation


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