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01.01.18

Raw: Battistelli Comes Up With a “Chief Information Officer” Role and Offers This Position to Man From Same Place as Him

Posted in Europe, Patents at 9:18 am by Dr. Roy Schestowitz

Also see: How the Chief Information Officer of the EPO is Connected to the President of the EPO

Original/full: English [PDF] | German [PDF]

Kraft as EPO CIO

Summary: Following a familiar pattern and a hallmark of Battistelli’s regime, people who are perceived to be connected to Battistelli receive ‘elite’ jobs that are subservient to him

Raw: Central Staff Committee Explains the Upper Limb Disorder (ULD) Crisis at the EPO

Posted in Europe, Patents at 8:50 am by Dr. Roy Schestowitz

Related: The Sickness of the EPO – Part VII: 40% of EPO Workers Have Upper Limb Disorder (ULD), Battistelli Covers That Up

Original/full: Improving Working Conditions and Staff Well­-being [PDF]

Upper-Limb Disorders

Summary: Well­-being of EPO staff, as per a study commissioned by the EPO itself, isn’t particularly promising a prospect; under Battistelli things were made worse rather than better

Raw: The EPO’s Disregard for Christmas and New Year’s Days Off

Posted in Europe, Patents at 8:22 am by Dr. Roy Schestowitz

Related: Battistelli Follows German Law Only When It Suits Him, Three Holidays Just Canceled

The EPO is back to tweeting this morning, so someone is working.

Original/full: English [PDF] | French [PDF]

Christmas and New Year's break

Summary: The EPO’s ‘cheapening’ of public holidays goes quite a way back; it was challenged by staff representatives who, even at the time, complained that the committee had been stuffed (or stacked) by Battistelli

How Institut International des Brevets (IIB), INPADOC and Other Historic Endeavours Relate to EPO and DG1/DG2

Posted in Europe, Patents at 7:51 am by Dr. Roy Schestowitz

Not much public information/online literature about it (not anymore)

Institut International des Brevets (IIB)

Summary: The roots of the Dutch/German-centric EPO and the lesser-discussed points/questions which these roots may bring up

LAST NIGHT we wrote about the EPO being a cash cow of Germany. A lot of this money comes from outside Europe to mostly enrich the German economy (for patents with European — and beyond — scope).

“EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations.”The FFII’s President then told me he “heard the money goes into the Ministry of Justice, and if that’s the case, they also decide on UPC, so there might be a serious conflict of interest there. During the swpat [software patents] directive, competence was transferred from the ministry of economics to the ministry of justice.”

Germany’s role in the EPO and the roots of EPO structures are worth recalling. We studied the subject a long time ago (when Germany blatantly refused to enforce German law against the EPO’s management), but we never published anything about it. Whose European Patent Office is it anyway? “I’m not at all into social media, but I just had a look at their EPO Twitter feed,” said former EPO staff. “What a crock! Do they sub-contract to the Pyongyang People’s daily?”

No, it’s based in Germany. A lot of the EPO is based there. It should certainly not be a taboo subject to highlight this fact. It’s not a protest against the European Union or against Germany itself.

“Let’s not forget the element which emerged later: an ‘unwanted’ DG (DG3) was sent to Haar.”“The reference to Art. 5(2) illustrates a profound asymmetry,” one person told me when the EPO threatened to sue me. “The EPO claims immunity in all matters whenever it suits them. But then they turn around and cries “but, hey, please, I’m a real person!” when it also suits them. I’m not sure whether the drafters of the EPC had such a monstrous outcome in mind.”

EPO staff representatives have, over the years, written a lot about the issue of impunity/immunity in international organisations. It is, indeed, quite a monstrosity.

Citing several pages of a 1990s law treatise, one reader of ours said that “[t]here is at least one chapter specifically dealing with the EPO. A mere few lines describe a case which happened in Austria sometimes in the 1980s which I found rather egregious.”

This, in turn, leads back to EPO history (which might be poorly or inaccurately recalled). To quote:

IIRC, the EPO took over a commercial company, and made it an integral part of organisation.

If memory serves me right, the company wasn’t named, but it could only have been INPADOC, the patent information service. The Vienna agency is now in charge of the production of the EPO’s own patent information, the publication of EPO patent-related documents, and gathers patent information worldwide for inclusion in EPO databases, which are also sold.

Again, inferring from the few details given, the company must have had a long term lease for their office space, but the EPO moved the operation to new premises, and simply walked out of the old contract.

The landlord sued for the unpaid rent, considering that the office took over the obligations of the former entity, but the EPO pulled the “IMMUNITY” trump card, and the judge obliged!!!

Now, Art. 5 was obviously designed to allow the EPO to sue, say, plumbers who botch their work.

But a competent plumber whose bill wasn’t paid by the EPO must also be able to sue, isn’t it?

I don’t know what kind of impression 30-year old continental case law would make on an English judge.

I would be rather surprised if the Derbyshire council, or any other one, wouldn’t be allowed in matters of commercial law. A parallel could be drawn.

BTW, this was the Vienna office which Battistelli want[ed] to swap with DG3.

How about a triangular exchange? DG3 to Vienna, Vienna to Berlin, and Berlin to Munich… The more, the merrier.

We often wondered why DGs came about at all. What was the historic significance of these? Here’s a possible explanation:

The EPO was built on two pillars:

1) The IIB, “Institut International des Brevets”, which was a pre-existing institution founded around 1947 based at The Hague. It was designed to supply prior-art searches to a number of countries, for the eventual determination of patent validity strictly under national laws. In essence it was a big library with a lot of librarians. It was merged into the EPO as its “Directorate General 1″ – DG1. [And IIB staff weren't too happy about that, but that's another story.]

2) The DG2 in Munich which opened its doors in 1978, for performing the substantive examination assessing patentability according to the law defined in the EPC, based on documentary evidence located by DG1.

[The distinct DG1 and DG2 have now disappeared and merged into a new "DG1"]

The IIB had been mostly an affair of French, Benelux and Latin countries in the early 20th century, of which Germany had been excluded.

I would have to find absolute proof of that, and visit archives, but it seems from the circumstantial evidence that this project was intimately connected to an humanist dream of a world documentation center for gathering and organising all forms of human intellectual production.

The early history of concept of DG2 is more sinister, and if I were Battistelli, I would avoid using the “nazi” label to smear my opponents… quite a bit of stuff in German from 1940-1945 is quite uncomfortable to read, as it looks like a virtual blueprint for the structure of the 1973 EPC…

Is this the kind of history you had in mind?

The miracle in my eyes is how an humanist endeavor [DG1] and a corporate wet dream [DG2] came to be merged into one project as a part of “European Construction”.

Let’s not forget the element which emerged later: an ‘unwanted’ DG (DG3) was sent to Haar. Poetic?

“Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.”“I’ve been interested for a long time in the early history of the EPO,” one person once told us, “a topic on which not that much has been written. By “history” I mean, real work by historians analyzing the motivations of the negotiating parties, and on the “proto-history” of the institution. The quest for an international patent system has been ongoing for at least the last 140 years, and the EPO undoubtedly isn’t the final episode.”

Think of the UPC, among other things, maybe even WIPO’s ambitions and IP5. Back around 2010 we wrote many articles about the vision of a global patent system, based largely on leaked material which came to be known as Cablegate.

A Patent Troll’s Defense: I Have More Money Than You

Posted in Patents at 6:57 am by Dr. Roy Schestowitz

The Times Profiles a Patent Troll
Reference (EFF article): The Times Profiles a Patent Troll

Summary: Erich Spangenberg’s unexpected message to yours truly

FROM my inbox (4 days ago):

1. You seem angry—in a few days that anger is only going to get worse when you realize you are just fucking wrong (again)
2. Is the anger because you are poor, stupid and irrelevant?
3. I can’t imagine how horrible it must feel to know that you are poor and stupid–but the worst has to be knowing that a few weeks after you depart this earth no one will remember you
4. If you can afford counseling you might want to consider this as a way to deal with this anger – it will not fix the problem, but may make your miserable pathetic existence slightly more palatable for you – of course, there are other options and you should give consideration to more definitive solutions to finally address these issues (Holland is just a short trip if you can afford the flight)
5. Best

Erich Spangenberg

SK14 Advisors

So, as I interpret the above (highlighted), he wants me to kill myself (euthanasia). Days/weeks after I reported about his trolling. Threatening people is what such people do for a living, so no surprise there…

Not Everyone Would Run the European Patent Office Like Benoît Battistelli Does

Posted in Europe, Patents at 6:32 am by Dr. Roy Schestowitz

Related: What If Lionel Baranes Was EPO President?

Lionel Baranes appointed new Vice-President of the European Patent Office's branch at The Hague
Remaining live copy of the press release: Lionel Baranes appointed new Vice-President of the European Patent Office’s branch at The Hague

Summary: EPO open letter of resignation from Lionel Baranès is still being pursued by us; he rose to the top and resigned very quickly, apparently as he witnessed cultural problems

THE EPO scandals are not a new thing. There’s lots of them. The latest scandal is, as we pointed out last night, Patrick Corcoran’s end of contract, which wasn’t renewed (possibly/arguably defying ILO’s rulings). Today is Corcoran’s first day in DG1, but it’s not a working day.

“Today is Corcoran’s first day in DG1, but it’s not a working day.”“The IP World is no longer amused : last article on the EPO in 2017 is released on 31.12.2017,” said this comment, alluding to last night’s (or yesterday afternoon’s) post from a patent attorney. Another new comment said about the fate of Corcoran (which is uncertain and shrouded in secrecy):

Whilst independent confirmation of assertions might not always be possible, it is always a good idea to ask for it (‘cos if you don’t ask you don’t get).

At the end of the day, it does not matter whether it was the President or the AC that “spiked” the publication ordered by the Enlarged Board of Appeal. This is because the facts speak for themselves: the decision on Mr Corcoran’s case has not been published.

If this were not sufficient cause for concern on its own, your comments indicate that at least you believe that members of the Boards of Appeal are not truly independent, on the grounds that they are fearful of reaching decisions that will anger the President and/or the AC. If this is indeed the case, then the BVerfG may well be interested to look into this in connection with the EPO- and UPC-related cases.

In this respect, it would be very interesting indeed if a member of the Boards of Appeal were to provide testimony to the BVerfG on the issue of independence … especially if it supported your assertions. But how likely is that?

And perhaps a more pertinent question is why are the Members of the Boards of Appeal not banding together to take “joint” action on contentious matters? Whilst individuals may fear being persecuted, it would be impossible for the EPO management and/or the AC to take action if they would need to do so against every member of the Boards.

We are meanwhile digging in and exploring older EPO scandals. Some of these predate even Battistelli himself. Some are the subject of active research (for years). We are guessing that readers of ours know certain things but are afraid to share these things (for fear of retribution).

3 years ago we learned about the case of Mr. Baranès. We have attempted to contact him, to no avail (messages bounce back, maybe due to change of employment or even retirement). Here’s an E-mail we sent to his professional account:

Dear Lionel Baranes,

Do you have a copy of the EPO open letter of resignation? I have been researching the EPO for the past few years and published a lot about the scandals.

Best regards,

Roy

If someone out there has a copy of this letter, please consider sending it to us. It was an open letter.

One reader of ours described him as “shy or not quite in his place.”

“”Baranès doesn’t come from the exact same milieu as Battistelli.”
      –Anonymous
“My memories of Lionel Baranès are about as faint as his tenure was brief (2002-2004, IIRC),” told us another reader.

“He sure made a different impression than his wheeling and dealing predecessor,” we’re told, and “it looks like he’s running a specialised headhunting firm near Paris.”

It’s called Antal International and he is listed under Executive Recruitment.

If anyone out there has the Baranès open letter of resignation, or can try to look it up, we would really appreciate it. Sources tell us that it would be quite relevant to the current state of affairs.

“Baranès doesn’t come from the exact same milieu as Battistelli,” someone once explained to us. “He’s an “X”. That’s the French cypher to designate graduates of École Polytechnique, the elite engineering school associated with the military. Still a ticket to big jobs.”

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