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

11.06.17

Battistelli’s Serious Conflict of Interest in Saint-Germain-en-Laye Disqualifies Him as EPO President

Posted in Europe, Patents at 6:49 am by Dr. Roy Schestowitz

SIPO and Battistelli
Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)

Summary: While a lot of British media continues to push the agenda of law firms, a technology site in the UK (The Register) continues its coverage of EPO scandals and the sad state of the Unitary Patent (UPC)

Kieren McCarthy, writing from San Francisco for the largest British technology publisher, revisits EPO scandals this morning. His article actually focuses on the UPC, but the last few paragraphs allude to one the latest scandals. To quote:

That demand had a deadline of October 31. The FCC has now confirmed that following requests for more time, it extended that date to the last day of the year.

That is a sign, patent experts say, that the issue is not as simple as many hoped, and the UPC is unlikely to emerge at all during 2018, and may be delayed to 2019, 2020 or even further.

The exact timeline is impossible to divine until the FCC takes its next step. The constitutional court could simply throw the complaint out – although that is looking increasingly unlikely, given it extended its deadline: it is clearly interested in weighing up responses to the complaint.

Much more likely is that the court either runs the complaint through its usual processes, or refers the question up to the European Court of Justice (ECJ). If the German court decides to take on the case and make its own decision, it is likely to decide in mid-2018. Assuming it rules that the UPC is in fact constitutional, that would point to a 2019 launch.

[...]

And talking of unholy messes, King Battistelli continues to infuriate EPO staff and political circles. This time, it is Benoit’s decision to take on a political role as deputy for culture in his home district of Saint-Germain-en-Laye, just outside Paris, France.

Aside from the fact that Battistelli is supposed to stay away from any political role while head of an international organization, the rumor in EPO circles is that Battistelli is applying pressure on the EPO to hold its annual inventor of the year ceremony – which will take place one month before his term at the EPO ends – at his preferred location. You guessed it: Saint-Germain-en-Laye.

The first comment on this alludes to the last part of the article (quoted above): “How is that not a breach of contract?”

We wrote about it more than a month ago (we broke the story, but media prefers to keep quiet on EPO affairs). Battistelli is basically like a classic “crook” who additionally enjoys immunity. Here is the full comment:

How is that not a breach of contract? I’ve never heard of any contract where you can just decide to take another Job without approval from your employer. Which in this case would be the EPO Board, and considering that they want him out, I would be surprised they would agree to something like that.

Additionally, I would be hugely surprised if there wasnt something about being politically neutral in the contract with a Position like this. If not, which ever lawyer wrote up the contract should be fired on the spot.

Still with everything else going on at the EPO, I guess None of this should be surprising…

Well, the UPC has long relied on political corruption and another reply to the above says this:

“With the appropriate political pressure applied, it should pass”

Do they have a bunch of politicians who vote on issues to the benefit of their constituents or a bunch of yes men who rubber stamp decisions made by some other authority?

The next commented says: “Was this a rhetorical question? Most parliaments tend to follow the second model, with the ‘authority’ ranging from the Politburo via the President/Prime Minister to the most munificent lobbyists.”

There are then a bunch of comments, including some which attack the author (McCarthy), over the Brexit mention, perhaps not understanding that while the EPO has nothing to do with the EU the UPC by all means does (hence Brexit’s relevance).

What’s more, the UPC threatens to bring software patents to the UK (bypassing British law and British courts) — much to the fear of software companies in the UK (there are many of these and they have been mostly secured from trolls up until now).

Apropos, the lobby for software patents in the UK carries on and it’s obvious who’s behind it.

“This article has been submitted by Greenaway Scott,” a Welsh news site said this morning. The only problem is, it’s not an article. It’s an advertisement for software patents (a patent law firm speaking out to harm software developers) with several links to the firm and even an E-mail address. From the ‘article’ (advertisement):

There is also the option to patent software, however this is very difficult. To obtain a patent the invention must new, involves an inventive step, is capable of industrial or technical application and does not fall within the exclusions. UK and EU law states that patents for a programme for a computer will not be granted.

However, if the software/computer programme contains a necessary technical character it may be patentable. The EU and UK patent offices have been granting patents in relation to software/computer programmes for many years. The issue here is that there must be an inventive step.

Firms like this have been pushing hard for the UPC, which they view as a boon to patent applications and litigation (the most expensive ‘product’ of the whole lot). As we have been showing before, the litigation ‘industry’ routinely takes over British media (in Scotland too) and habitually spreads fake news, e.g. regarding UPC ‘progress’.

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

2 Comments

  1. katkatkat said,

    November 8, 2017 at 11:03 am

    Gravatar

    It seems that next year’s “inventors of the year” event will also take place in Saint-Germain-en-Laye in June just at the end of Mr Battistelli’s term of office. If true, it would be scandalous! But nobody in the Administrative Counci seems to be sensitive to this.
    Apart from the fact that the EPO should remain neutral and refrain from rewarding any patent applicant/proprietor, just imagine the volume ot business (and money) involved in the organisation of such an event (hotels, transportation, catering, conference rooms etc.). This just in Mr Battistelli’s home village (!!!!!!). A gorgeous farewell party for him paving his way to a political career at the expenses of the users of the EP system.

    Dr. Roy Schestowitz Reply:

    Local magnates would own him “big time”. For the gift he gave them at the EPO’s expense (estimated at about 3-5 million euros based on past years). The exact figure was published in late July, IIRC, in the German media.

What Else is New


  1. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  2. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  3. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  4. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  5. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  6. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  7. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  8. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  9. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  10. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  11. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  12. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  13. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  14. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  15. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  16. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  17. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  18. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  19. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  20. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  21. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”



  22. Chapter 9: Ownership Through Branding -- Change the Names, and Change the World

    The goal for those fighting against Open source, against the true openness (let's call it the yet unexploited opportunities) of Open source, has to be first to figuratively own the Linux brand, then literally own or destroy the brand, then to move the public awareness of the Linux brand to something like Azure, or whatever IBM is going to do with Red Hat.



  23. Links 10/6/2019: VLC 3.0.7, KDE Future Plans

    Links for the day



  24. Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

    The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)



  25. Corporate Front Groups Like OIN and the Linux Foundation Need to Combat Software Patents If They Really Care About Linux

    The absurdity of having groups that claim to defend Linux but in practice defend software patents, if not actively then passively (by refusing to comment on this matter)



  26. Links 9/6/2019: Arrest of Microsoft Peter, Linux 5.2 RC4, Ubuntu Touch Update

    Links for the day



  27. Chapter 8: A Foot in the Door -- How to Train Sympathetic Developers and Infiltrate Other Projects

    How to train sympathetic developers and infiltrate other projects



  28. Chapter 7: Patent War -- Use Low-Quality Patents to Prove That All Software Rips Off Your Company

    Patents in the United States last for 20 years from the time of filing. Prior to 1994, the patent term was 17 years from when the patent was issued.



  29. The Linux Foundation in 2019: Over 100 Million Dollars in Income, But Cannot Maintain Linux.com?

    Today’s Linux Foundation gets about 0.1 billion dollars per year (as explained in our previous post), so why can’t it spend about 0.1% of that money on people who write for and maintain a site that actually promotes GNU/Linux?



  30. Microsoft and Proprietary Software Vendors a Financial Boon for the Linux Foundation, But at What Cost?

    The Linux Foundation is thriving financially, but the sources of income are diversified to the point where the Linux Foundation is actually funded by foes of Linux, defeating the very purpose or direction of such a nonprofit foundation (led by self-serving millionaires who don't use GNU/Linux)


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