Bonum Certa Men Certa

Benoît Battistelli Lies About Patent Quality; the Numbers Speak for Themselves However

The number of European Patents (EPs) opposed has skyrocketed and may have outrun the capacity to properly deal with oppositions

The number of European Patents (EPs) opposed



Summary: The person who is rapidly ruining the quality that the EPO stood for over the years (nearly half a century) lies to his staff and stakeholders today; He has even, in his own words, "chaired our annual Quality Review" to review his own supposed 'performance'

THE quality of patents at the Office of Benoît Battistelli is as high as the quality of the lies of Benoît Battistelli.



This Liar in Chief continued lying today; he spoke about patent quality yet again. He has lost any sense of shame and he now lies so blatantly that we can imagine the faces of EPO workers who read this 'blog' post of his (warning: epo.org link). It was promoted in the Organisation's Twitter account some hours ago. "In a new blog post President Battistelli reviews 2017 and discusses the year ahead with a strong focus on quality," it says. They too are lying. Yes, the Organisation. Does Herrnst care at all? Probably not because a few months ago he help defend the same lies about patent quality (in a private event that was publicly reported on). We suppose that a rebuttal to these lies is in order because staff must have noticed these lies. Someone ought to respond to the lies.

"He chairs a meeting in which to discuss himself."Battistelli is (of course) lying. He chairs a meeting in which to discuss himself. How ludicrous is that? Napoleonic. "At the beginning of December," he wrote, "I chaired our annual Quality Review, comprised of senior EPO management who are integral to maintaining and developing the Office’s quality."

So Battistelli controls everything, even things that are tasked with assessing his performance. Amazing, isn't it? Not at the EPO anyway; this has become the norm and something to be perpetually expected.

Is anyone out there surprised about it? Battistelli is moving his lips again, having returned from his (longer than other staff's) break. His lips utter words, which leave an odorous puddle of lies afoot.

"Battistelli is moving his lips again, having returned from his (longer than other staff's) break."Let's look at the latest evidence of a decline in patent quality (as the EPO itself is unable to safely investigate the matter; staff representatives who merely brought up the subject were severely reprimanded by two Vice-Presidents). Introspection verboten!

The EPO's Patent Prosecution Highway (PPH) with Canada, which we mentioned on Tuesday morning, is now officially "news" (several days after it actually started). It comes from two publications that typically parrot EPO press releases [1, 2]. The first says this:

The European Patent Office (EPO) and the Canadian Intellectual Property Office (CIPO) have extended a patent prosecution highway (PPH) pilot agreement.

The extension of the pilot, which allows applicants who have been successful in obtaining a patent at one office to request accelerated examination at the other, was announced on Friday, January 5.


For those who are not familiar with the concept, PPH will almost always guarantee lowered quality of assessment (and less time for oppositions etc.) in the name of speed, usually in order to better facilitate a patent aggressor rather than a defendant.

When you use the word "products" maybe you intentionally fail to understand what patents really are; so says the second 'article' (more like a press release):

Comparatively, the CIPO received 406 requests: 325 based on PCT work products and 81 based on regional work products.


Yes, "products"; Battistelli probably thinks that he is literally running a factory (something which he never did before by the way).

This is an utter embarrassment. PACE, Early Certainty, PPH and so on have basically demolished patent quality. The appeal boards have been systematically diminished (pure sabotage!) and see this new press release titled "European Patent Office Cancels Oral Opposition Proceedings Concerning Cantargia's Patent for Solid Tumours" as it's almost self-explanatory. It does not look like the EPO even has the capacity for quality assessment of patents anymore...

In the ongoing opposition proceedings at the European Patent Office ("EPO") concerning Cantargia AB's ("Cantargia") patent for antibody treatment against IL1RAP in solid tumours the EPO has informed the company that the oral proceedings that were due to take place on 22 January 2018 have been cancelled.


Oppositions? What oppositions? The EPO cannot even keep up. Understaffed. Brain-drained. Total chaos.

"The EPO now grants far too many patents in error."Great job, Battistelli!

The EPO now grants far too many patents in error. And its error-correcting mechanisms have been brought to their knees. Hours ago someone posted this detailed analysis which show how the number of oppositions has soared (indicative of plenty of 'dissent' or 'protest' against grants). To quote the relevant part (there is a graph there too):

Given the EPO opposition term of nine months from grant and given that by far the greater proportion of oppositions are filed towards the very end of the opposition term, increased grants could be expected to be followed nine months – three quarters of a year – later by an increase in the number of patents opposed.

Though the record of the number of patents opposed in the third quarter of 2017 is not yet finalized, it seems clear that this expected "more patents opposed" effect has occurred.

At the latest from the first quarter of 2017 there has been a marked increase in the number of patents opposed.


We are truly concerned that Battistelli basically 'broke' the EPO; everything that had evolved at the Organisation (and Office) to assure checks and balances, self-assessment etc. is now gone. When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers. It's disturbing. And it's a good thing that some people meticulously documented these things over the year.

"When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers."The other day Alexander Esslinger wrote about the Organisation's Enlarged Board of Appeal and German Federal Court of Justice (FCJ): (see corresponding tweet)

The Enlarged Board of Appeal (EBA) reasoned that such undisclosed disclaimers in most cases constitute added matter, i.e. “the requirements of Article 123(2) EPC leave virtually no chance of an undisclosed disclaimer being allowable” since “introducing any disclaimer per definitionem excludes subject-matter from a claim and, hence, changes the technical content of the claim” (G1-16, point 42). The EBO allowed undisclosed disclaimers under the above-mentioned clearly defined conditions despite the fact that they violate Art. 123(2) EPC, because under these circumstances a violation of Art. 123(2) EPC would not give the patentee or applicant an unwarranted advantage damaging to the legal security of third parties; this being the rationale behind Art. 123(2) EPC (G1-16, point 36).

The German Federal Court of Justice (FCJ), however, applies in the recently published ex-parte decision “Phosphatidylcholin” a different reasoning. In the case the FCJ had to decide upon an appeal on points of law (“Rechtsbeschwerde”) of the applicant of a patent application, which has been rejected both by the GPTO and the Federal Patent Court based on the ground that of an undisclosed disclaimer consisted of an inadmissible extension beyond the content of the original application.


We previously posted evidence that GPTO (in relation to SLAPP, trolls, and quality of patents) had become better than EPO. Where is the EPO going if the Boards of Appeal are being crushed (and shrunk) further and further? Who is going to independently assess patent quality?

German media will look the other way, perhaps because the EPO is a sacred cow (cash cow).

Recent Techrights' Posts

Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
 
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024