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

01.02.18

2018 Starts at the EPO and Both EPC and UPC Are in State of Crisis

Posted in Europe, Patents at 5:20 am by Dr. Roy Schestowitz

European authorities have begun taking the Rule of Law more seriously

Rule of Law: European Commission acts to defend judicial independence in Poland
Reference: Rule of Law: European Commission acts to defend judicial independence in Poland

Summary: The situation at the EPO is becoming worse than untenable and the end of Battistelli’s tenure within less than half a year won’t be the end of it all

THE EPO reopens this week and scandals are guaranteed to resume shortly. Patrick Corcoran, for example, is now under the control of Battistelli. EPO insiders don’t expect that to last very long; it’s not an expression of a wish but merely an expectation.

We are meanwhile trying to pursue the famous Baranès letter (he is a former Vice-President, who resigned quickly). We even attempted to ask him directly for a copy. “Whether he’ll agree “spit in the soup” remains to be seen,” one reader told us. “He’s still part of the “system”, and there might be possible means of reprisal against him. There’s also the question of the strength of his opinions. But he’s also reached retirement age, and collecting his pensions.”

“Honestly,” said another reader, “if I were Battistelli I would book a flight to some remote place, change my name never show up again.”

There’s belief that expiry of Battistelli’s diplomatic immunity will soon doom him.

“Honestly, if I were Battistelli I would book a flight to some remote place, change my name never show up again.”
      –Anonymous
The reader explains that “the situation is becoming each day more surreal: the metastasis within Team Battistelli are fighting each other to further rise the ladder and extend the cancer. For the time being just rumours, but with my little experience of (EPO) life, it has always been the case. It is a very difficult exercise to remain a favourite minion when the king changes.”

Things are already heating up again. Aside from internal complaints about the budget of the EPO (noted an hour ago), there’s the Patrick Corcoran situation to watch out for. There’s now a whole (fairly long) Wikipedia article about it. As one comment put it this week, this can end the UPC ambitions for good:

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 …

Article 22 – Disclosure in legal proceedings
(1) A permanent employee shall not, without permission from the President of the Office, disclose, on any grounds whatever, in any legal proceedings, information not already made public of which he has knowledge by reason of his duties. …

This was one of the pretexts used by Battistelli to go after Corcoran.

Someone going by the name Francesca (may be a real name) then said:

BoA members are NOT permanent employees.
Therefore Article 22(1) ServReg does not apply to BoA members…
But after this comment, the next “periodical update of the ServRegs” will undoubtedly “update” this article.

Also regarding the EPC, Francesca appeared in this new comment on another blog:

Regarding a diplomatic conference: staff has asked several times for it.
The EPC 2000 even inserted a specific article, as at the time of drafting the EPC 2000 the UPC discussions were not closing to an end, and therefore any possibly necessary amendment of the EPC for this was postponed. To discuss these matters, the contracting states decided to meet at at least misterial level at least once each five years to discuss the progress and possible necessary amendments of the EPC.

Furthermore, monsieur Président has been asked by staff during one of his famous “meet the president” happenings, why the AC has not started any preparations for one of these ministerial conferences according to article 4a EPC when the AC asked for proposals regarding the DG3/BoA reforms.

His answer was, that he does not want a diplomatic conference. If politicians would meet, that would be like opening a can of worms: you can set a schedule, but the results will be completely unforseeable.

Also: some 30 years ago, there have been proposals to hire new BoA members only under the condition, that once their technical board has been issued new (or renewed) contracts, their board would move to Berlin. This would’ve resulted in a separation of the BoA from the EPO managements main building within 10 years, thus delivering the increased perception of independence.

The proposal included moving supervisory elements of the EPO (IT development, audit, finances) to Berlin too, and thus over some 20 years stop examination in Berlin.

Yesterday we wrote about the origins/genesis of the EPO. A source of ours spoke of the “triangular exchange,” alluding (at the time) to talks of “DG3 to Vienna, Vienna to Berlin, and Berlin to Munich… The more, the merrier.” The EPO is primarily a cash cow of Germany and if BVerfG managed to defy the financial agenda/interests, then 2018 promises to be a historic year for the EPO.

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. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  2. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  3. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  4. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  5. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  6. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  7. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  8. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  9. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  10. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  11. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  12. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  13. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  14. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  15. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  16. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  17. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  18. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  19. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  20. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  21. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  22. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  23. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  24. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    Links for the day



  25. Professionally Incompetent EPO Management

    The EPO remains an awful employer, with top-level management largely responsible for the loss of talent and even money



  26. Links 12/5/2019: Linux 5.1.1, GDB 8.3, KStars 3.2.2 Released

    Links for the day



  27. Did Battistelli 'Steal' ~$100,000,000 Euros From the EPO?

    While enjoying diplomatic immunity the thug from CEIPI (who is back at the EPO as a jurist) passed millions if not billions (over the long run) in liabilities; this was done with total and inexcusable impunity, no effective oversight



  28. The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

    The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO



  29. Team UPC Has Run Out of Arguments, So Now It's Just Writing Anti-Brexit Rants With Testicles in the Headlines

    Nothing has worked for firms that crafted and lobbied hard for the Unified Patent Court (UPC); after necrophilia a new low is being reached



  30. Making the Patent System About Productive Actors (Again), Not a Bunch of Law Firms and Trolls

    The US patent system is going out of shape and out of tune, just like the EPO when Battistelli came to it, dismantling the rule of law and even judges whom he did not like


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