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

04.16.18

The European Patent Office Will Never Hold Its Destroyers Accountable

Posted in Deception, Europe, Patents at 6:59 pm by Dr. Roy Schestowitz

It rewards them with a bonus equivalent to two years of work as EPO President!

Blatterstelli and FBI

Summary: With only one in seven EPO stakeholders believing that Battistelli’s pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there’s no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires

THE staff union of the EPO (SUEPO) has been quiet lately. Very quiet. Maybe they just wait for Battistelli to leave. He has less than 2.5 months left. Then a fellow Frenchman, whose job application he promoted, will inherit the penthouse with the pub.

“Maybe they just wait for Battistelli to leave. He has less than 2.5 months left. Then a fellow Frenchman, whose job application he promoted, will inherit the penthouse with the pub.”We are constantly being told and reminded by people who are familiar with these matters that the successor (Campinos) won’t change anything. All evidence we’ve seen so far suggests so too. In fact, we expect Battistelli to still participate remotely (through Campinos). Battistelli is not retiring, only hibernating in CEIPI (swapping a chair with Campinos). As a reminder see the following older posts:

It’s hard to simply accept that Battistelli goes unpunished; he will walk free. Many EPO employees will be very upset. Who’s to blame? European politicians? German politicians? Dutch politicians? Delegates who mostly come from NPOs (national patent offices)? Probably all the ‘above’… there’s a chain of complicity and coverup. It makes Europe look unjust or rather a place where people can get away with serious abuses as long as they invoke diplomatic immunity.

“All these cowards from large law firms never want to talk about EPO corruption.”There’s another element of complicity in the mix.

All these cowards from large law firms never want to talk about EPO corruption. Very few of them ever did. We could count them on one hand. Complicity by oversight? Apathy? Cowardice?

“The Enlarged Board of Appeal and other Boards are not enjoying any independence upon which sound judgments are to be based.”Look at EPO news these days. Absolutely nothing about scandals. It’s like scandals never happened. They don’t matter. Not even multi-euro 'heists' that are about to happen within weeks. The media, which is paid to participate, isn’t interested in journalism but in pure PR. Battistelli pays them for it (at the expense of the EPO of course).

Bardehle Pagenberg’s Rudolf Teschemacher has just written about “recent developments in EPO case law,” but what about the Boards upon which he bases his entire article? The Enlarged Board of Appeal and other Boards are not enjoying any independence upon which sound judgments are to be based. It’s a massive crisis. The whole EPC is now an ignored piece of paper. EPO is therefore defunct and debased, technically detached from its very founding document. This is what Teschemacher had to say:

Recent decisions passed by three different instances of the EPO have significant effects on the patentability of inventions under European patent law. All of them concerned the validity of patents to be assessed in opposition proceedings. Applicants should be aware of the consequences of these decisions. Avoidable mistakes when filing a European patent application and even previously may later result in the loss of the patent.

No mention of the Patrick Corcoran ‘affair’ and the Boards’ own complaints. To people like Teschemacher it pays more to simply pretend nothing is amiss. How about FRKelly’s Alan Casey? He published this a few hours ago. The EPO is making it more expensive to appeal/object to bogus patents that the Office keeps granting in order to ‘fake’ “success” and make staff redundant. Here’s the key part:

A lower level of appeal fee of €1880 will apply for appeals filed by natural persons and entities referred to in Rule 6(4) EPC, i.e. small and medium-sized enterprises, non-profit organisations, universities and public research organisations. An increased appeal fee of €2255 will apply to all other entities.

We already wrote about this several times before. It’s designed to encourage focus on the ‘patent-granting (or patent-printing) machine’ rather than quality assurance.

“It’s designed to encourage focus on the ‘patent-granting machine’ rather than quality assurance.”Last but not least, hours ago came out this article from August Debouzy (Gregoire Desrousseaux, François Pochart and Geoffroy Thill). They boast about PACE-type programmes and contrariwise slowdowns of the process.

The main problem is that the EPO is running out of work, out of skills, and out of reputation. Not that it bothers law firms. They cash in on trouble. To quote their conclusions:

The new optional postponement procedure of the examination goes against the decreasing duration of the search, examination and opposition procedures initiated during the last few years in the EPO. However, the procedure reveals manifold advantages for applicants. They could maintain a pending application with a broad scope of protection for 3 more years while keeping the opportunity to request an accelerated examination at any time. The applicants shall be able to accelerate or delay the granting procedure of their patents.

This has no impact on quality of underlying assessment (examination); it just means they can metaphorically press “pause”, that’s all.

Is it not curious that not even one law firm bothered mentioning the petition signed by a quarter of examiners to bemoan departure from the EPC and declining patent quality? Only 3 sites that are English-speaking covered it and one that speaks German. As long as nobody is willing enough to bring up these matters in the patent microcosm there’s no hope of resolving the biggest issues. This basically sums up why nothing will change under Campinos, as we explained a week ago. In fact, according to this new article [PDF], when asked whether “António Campinos is the right person to solve the EPO’s problems” only 14.7% of the respondents (patent professionals) said “Yes”. It’s just slightly more than one in seven!

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 25/3/2019: Linux 5.1 RC2, Nano 4.0, PyPy 7.1

    Links for the day



  2. Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  3. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  4. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  5. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  6. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  7. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  8. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  9. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  10. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  11. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  12. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  13. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  14. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  15. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  16. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  17. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  18. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  19. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  20. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  21. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  22. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  23. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  24. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  25. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  26. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  27. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  28. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  29. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  30. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised


CoPilotCo

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

CoPilotCo

Recent Posts