02.27.18

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The EPO’s Appeal Boards Remain Utterly Dependent and Far From Impartial After Battistelli’s Assault on Their Independence

Posted in Europe, Patents at 11:29 am by Dr. Roy Schestowitz

‘Team Chinchilla’ is very pleased about the exile/exodus of judges

Boards of Appeal President Carl Josefsson, EPO Vice President Raimund Lutz, Haar Mayor Gabriele Müller, Administrative Council Chairman Christoph Ernst

Summary: In spite of their mass ‘relocation’ (exile) to Haar, judges of the Boards of Appeal do not feel independent and the recent forced exile (to another country) of their colleague Patrick Corcoran reaffirms this perception, not to mention the Appeal Boards’ Vice President, who is also oddly chosen (like Carl Josefsson above, on the left)

THE MANAGEMENT of the EPO is having another go at changing perceptions because of the UPC. It wants the public, the stakeholders, German judges etc. to actually believe that all problems at the BoA (Boards of Appeal) have been resolved. The EPO, moreover, tries to interject the perception of public input on BoA. We wrote about this several times before and earlier today too the EPO wrote: “Help us improve the efficiency and predictability of proceedings before the EPO Boards of Appeal.”

“The EPO, moreover, tries to interject the perception of public input on BoA.”“A good start would be to reinstate Patrick Corcoran in his old role,” I told them. That’ll never happen though. They cannot accept the idea of a ‘dissenting’ judge, i.e. a person who does not speak Battistelli’s gospel (e.g. about the integrity of Battistelli’s appointees and patent quality).

As a matter of fact, things are getting worse at BoA, which months ago was sent to Haar as punishment (with the spin that relocation was really an attempt at enhancing independence). A few days ago someone in IP Kat (comments of course, as the posts are worthless propaganda and self-promotion these days) alluded to the Appeal Boards’ Vice President, i.e. deputy to Battistelli’s ‘approved’ pick of President.

“Tenures/terms are long enough to outlive Battistelli’s reign of terror.”“In Distribution of Business,” a source told us cryptically, “Vice President of the Appeal Boards is part of some Appeal Board. Can other members of Appeal Boards be independent if he will be deciding appointments of them?”

Of course not. Then again, the President too is selected in a sham process and Battistelli put his loyal 'chinchillas' in key managerial positions at BoA. Tenures/terms are long enough to outlive Battistelli’s reign of terror. He got his ‘dynasty’ all worked out, more so with former colleagues from INPI in many top roles. The next EPO President, who is also French, was Battistelli’s choice.

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