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

12.07.17

Battistelli’s EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

Posted in Europe, Law, Patents at 4:16 pm by Dr. Roy Schestowitz

In today’s news: Ousted Turkish beauty queen may face jail time over tweet

Turkish EPO

Summary: The tyranny of the EPO is made abundantly clear for all to see — ILO included — but will there be consequences for repeated violations by Team Battistelli?

IN addition to legal bullying, Judge Corcoran now needs to deal with the fact that the EPO operates outside the rule of law. Blatantly, too. Does anyone even wish to work for such an employer? To him, perhaps, it’s about principles. Battistelli never had the authority to do what he did, after he had brought friends and highly dubious people to the EPO.

So far today we have written 4 articles on this matter alone. The articles are, in order:

  1. ILO is ‘Forcing’ Team Battistelli to Compensate the Banned Judge and Give Him Back His Job
  2. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court’s Orders (Again)
  3. ILO Said Give the Judge His Job Back, But Christoph Ernst’s Administrative Council Will Likely Let Him Go (Unemployed)
  4. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)

One person asked today: “Do I read correctly that his term ends in 2018 anyway?”

One response to that said: “Yes but he’s been angling to ensure that he gets renewed.”

This is from The Register, where most of the comments are slightly off-topic and not from insiders (as the site isn’t a forum for ‘legal’ people but mostly for technical folks). Looking at some of the latest comments on an attorney’s post (which mostly attracts input from other attorneys), people have begun bringing up immunity, the EPC and so on. People are starting to gather information about the EPO disobeying judges.

There is a famous quote of what a politician (USA, 1950’s perhaps) said when caught out having done something morally indefensible, despicable. I tried to find it on Google because I think it fits BB to a T. It fits very well whenever the perp. is a supra-national entity like FIFA, the IOC or the EPO’s AC, an entity not answerable to the laws of any particular jurisdiction.

It goes something like “I violated no Rule. I broke no law. Therefore I did nothing wrong”.

Those citizens of Europe who sit on the EPO’s AC, those who preside over the EPO; if they lack a moral compass they are not qualified to sit in the seat they occupy, and should slink away, mightily ashamed of themselves for abusing basic human rights and the Rule of Law.

VW’s resident manager in the USA just got sent to prison for 7 years, for dissembling on diesel engine emissions. And all the other involved, the string-pullers back at HQ in Wolfsburg? What of them?

Come on Europe. For F’s sake. Set a good example to the rest of the world.

“If one thing is certain,” the next comment said, “it is that none of the AC members will ever voluntarily vacate their seats out of such mundane motivation like respect for democracy, the rule of law or human rights. As history teaches, this will only happen once decent citizens knock on their doors, with the fork in their hand. And this is what is going to happen, some way or the other. Sooner or later.”

At the EPO, without a shadow of a doubt, things have gone totally out of control and it’s almost as if judges exist only for opinions (an advisory role) and ‘king’ Battistelli is the undisputed emperor. “Battistelli might benefit from a free crash course on the elementary principles of law,” said the next comment, alluding to the news about CEIPI:

In his brand new position of President of the Administrative Board of the Centre for International Intellectual Property Studies (CEIPI) Mr Battistelli might benefit from a free crash course on the elementary principles of law, including the issues of separation of powers.
Perhaps will he then start to slowly understand why exerting a leading position at the same time in a patent office which examines patents and in an accademic institution which teaches trainees the basics of the examination procedure before the same patent office is just another form of intolerable conflict of interests.
And if he does not understand by himself, the Administrative Council of the EPO will no doubt explain it to him again. No doubt, really?

We wrote a great deal about the CEIPI debacle, namely:

Here’s some insight about Corcoran’s experience today:

IP-Watch has also an article about the decision of the ILO:

https://www.ip-watch.org/2017/12/06/international-labour-organisation-orders-reinstatement-epo-appeals-judge/

Additionally, they cite the response of the EPO . It begins with:

“The EPO respects the ruling of the ILOAT,” […]

Of course it does … just ask the head of EPO security.

“While the ILOAT has no divisions,” the latest comment said, “its supremacy is enshrined in Article 13 EPC. The EPO president ignoring a direct order from the ILOAT (lifting of house ban) would be a violation of the EPC. It is difficult to imagine that this could be tolerated by the AC but of course many things have been difficult to imagine in the past.”

This would not be the first time that Battistelli stomps on the EPC and gets away with it without any consequences. We covered several examples in the past.

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. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  2. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  3. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  4. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  5. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  6. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  7. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  8. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  9. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  10. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  11. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  12. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  13. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  14. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  15. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  16. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions



  17. IRC Proceedings: Monday, November 11, 2019

    IRC logs for Monday, November 11, 2019



  18. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  19. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  20. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  21. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  22. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  23. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  24. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  25. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)



  26. IRC Proceedings: Saturday, November 09, 2019

    IRC logs for Saturday, November 09, 2019



  27. Thick Skin Makes Strong Communities

    Learning to coexist with people who don't agree on everything is a strength and successful societies encourage that (the alternative is blind conformity on all matters)



  28. Training (Proprietary Software) Versus Teaching (Free Software)

    Education necessitates software freedom — a fact that companies like Adobe, Apple and Microsoft try hard to distract from



  29. The Linux Foundation Brought as Keynote Speakers People Vastly Worse Than Those Whom It Now 'Cancels' for Purely Political Reasons

    A lot of people are very upset about the Linux Foundation's alleged 'witch-hunt' and even press coverage has caught up with the outrage; but our position is that it distracts from vastly bigger Linux Foundation scandals



  30. An Open Letter to Richard Stallman

    "It's past the time for the official cornerstones of the Free software movement to return to their full operational capacity, and to take the gear out of neutral."


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