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

04.19.18

The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

Posted in Europe, Patents at 1:42 am by Dr. Roy Schestowitz

The Office still controls and sometimes punishes judges

A shocked Battistelli

Summary: The Boards of Appeal have released a report and once again they openly complain that they’re unable to do their job properly, i.e. patent quality cannot be assured

THE management of the EPO has, in our humble assessment, destroyed the EPO. It’s broken beyond repair. It may never recover. Even leadership has been compromised as it’s now succession-based, with Battistelli choosing his successor. Not to mention all the toxic people he brought in after he had seized power. It’s grotesque, yet that’s where we are today. To be most frank, I do not think EPO will ever recover, not even with reporting that exposes the corruption. It’ll like abuse is just far too deeply embedded in the Organisation now, not just the Office. Oversight has been obliterated. Assumptions of goodwill (e.g. given huge budget with endless power and minimal oversight) might seem OK in theory. When you put a thug in charge, as happened about a decade ago, it will inevitably go bonkers. Even the media, which is supposed to cover such abuses, is being bribed by the Organisation. It’s not a very obvious bribe, but it still is a ‘soft’ bribe (we covered that subject a decade ago) and it has more or less the same effects. Academia too has been compromised. EPO budget, instead of improving the integrity of the EPO, has helped the EPO poison everything. Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being ‘bought’, and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses.

What gives?

“Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being ‘bought’, and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses.”Where are so-called ‘news’ sites about patents? Do they not care? Not even European sites? The systems they rely on (for coverage) are rotting away. Look at IAM! Benoît Battistelli is joined by the hip to it. This patent trolls’ lobby, IAM, has given a keynote talk to him (Palace Hotel in San Francisco) — one in which he will promote software patents. Joff Wild wrote about this yesterday. Another keynote will be delivered by Andrei Iancu (Director of USPTO) as he will be there too. The EPO is nowadays promoting software patents even in the US, as we noted two days ago. The EPO did this again yesterday. Such software patents advocacy from the EPO (in Seattle) should make one question the EPO’s motivations. Is anyone at all keeping an eye on the EPO’s behaviour? It definitely doesn’t seem so.

Yesterday, Graham McGlashan from Marks & Clerk wrote: “The European Patent Office (EPO) will potentially allow a patent if the claimed subject matter is novel and inventive and provides a technical contribution in a technical field – even if the invention is computer-implemented.”

This should not be happening. But who can hold them accountable? The Boards of Appeal have been marginalised and judges are afraid.

“The Boards of Appeal have been marginalised and judges are afraid.”“Maybe instead of raiding booths over patent allegations,” I told IAM, “they should raid events like IAM IPBC to arrest corrupt officials.”

The Boards of Appeal have already complained about the management. Just recall what they wrote about Battistelli. Recall what we wrote yesterday about the imminent scandal in France. A lot of EPO insiders have been speaking about this for quite some time.

The Boards of Appeal were mentioned again yesterday by the EPO. There was a white-washing tweet about it, just one of many that they post every day this month. “The Boards of Appeal are no longer independent,” I told them. “Corrupt management at the EPO rendered them incapable of operating.”

The EPO tweeted this shortly after it had published this new page [promoted via Twitter] in which it said: (warning: epo.org link)

The first Annual report of the Boards of Appeal of the European Patent Office since the introduction of a comprehensive set of reforms has been published.

In June 2016, the Administrative Council of the European Patent Organisation has adopted a set of reforms to strengthen efficiency and the perception of independence of the Boards of Appeal.

This has since then been covered by only two sites, IPPro Patents and World Intellectual Property Review (WIPR).

From IPPro Patents:

More manpower is needed at the European Patent Office to ensure the “proper functioning of the appeal system under the European Patent Convention”, according to a report from the office.

The report, which looks at the EPO’s Boards of Appeal and provides detailed statistics on its proceedings, said that more manpower was “essential to the patent litigation system in Europe”.

In terms of conduct, the Boards of Appeal increased their performance in 2017, while maintaining high quality, according to the report.

[...]

The source added: “For the moment, this is nothing else but another official statement delivered under the mandate of EPO president Benoît Battistelli, whose actions at the address of Directorate General 3 can be globally assessed as a very negative one.”

“We hope that new president-elect, António Campinos, will grasp the real nature of the situation inherited from Battistelli and that he will take the right decisions for the benefit of the EPO and all its stakeholders.”

“Words are fine, but at the EPO, staff prefer to judge based on facts.”

Understaffing and bullying (collectively punishing them) meant lower quality of patents and no oversight. No patent justice left?

Here is what WIPR wrote:

Significantly more manpower will be necessary in the coming years to ensure the proper functioning of the European Patent Office’s (EPO) appeal system, a report has said.

In an annual report, released today, the EPO’s Boards of Appeal said that although the boards managed to improve their performance and maintain quality last year, additional resources in the workforce and facilities will be necessary to ensure the proper functioning of the appeal system in the future.

The report added that, in light of the steady increase in the number of appeals filed, improving working methods and efficiency by a target of 32% will not be enough to deal with the stock of almost 9,000 cases “in a timely manner and at the same time secure the high quality that users rightfully expect from a judicial authority whose decisions are final”.

SUEPO has not yet taken note of these articles, perhaps realising that these aren’t particularly good (in our humble opinion) because they soft-peddle on the scandals.

“There are many reasons to believe Campinos will just be a ‘faceplate’ change, not constituting any substantial change in policy.”Do not expect António Campinos to change things for the better. It’s all talk and pretense (the Battistelli way).

There are many reasons to believe Campinos will just be a ‘faceplate’ change, not constituting any substantial change in policy. We’ll say a lot more about it in July. Staff should not be misled by this stunt or build up hopes of a turnaround; it just won’t happen and according to the new JUVE survey, only 1 in 7 respondents (to a survey) thought Campinos was a positive thing.

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. The European Patent Office Comes up With a Plethora of New Buzzwords by Which to Refer to Software Patents

    The permissive attitude towards software patents in Europe is harmful to software developers in Europe; the officials, who never wrote a computer program in their entire life, pretend this is not the case by adopting marketing techniques and surrogate terms



  2. Patent Maximalists in Europe Keep Mentioning China Even Though It Barely Matters to European Patents

    EPO waves a "white flag" in the face of China even though Chinese patents do not matter much to Europe (except when the goal is to encourage low patent quality, attracting humongous patent trolls)



  3. Team UPC Has Been Reduced to Lies, Lies, and More Lies about the Unified Patent Court Agreement

    With the Unified Patent Court Agreement pretty much dead on arrival (an arrival that is never reached, either) the UPC hopefuls -- those looking to profit from lots of frivolous patent litigation in Europe -- resort to bald-faced lying



  4. Links 17/11/2018: Mesa 18.3 RC3, Total War: WARHAMMER II, GNOME 3.31.2

    Links for the day



  5. Links 16/11/2018: Red Hat Enterprise Linux 8 Beta, Mesa 18.2.5, VirtualBox 6.0 Beta 2

    Links for the day



  6. Berkheimer or No Berkheimer, Software Patents Remain Mostly Unenforceable in the United States and the Supreme Court is Fine With That

    35 U.S.C. § 101, which is based on cases like Alice and Mayo, offers the 'perfect storm' against software patents; it doesn't look like any of that will change any time soon (if ever)



  7. Ignoring and Bashing Courts: Is This the Future of Patent Offices in the West?

    Andrei Iancu, who is trying to water down 35 U.S.C. § 101 while Trump ‘waters down’ SCOTUS (which delivered Alice), isn’t alone; António Campinos, the new President of the EPO, is constantly promoting software patents (which European courts reject, citing the EPC) and even Australia’s litigation ‘industry’ is dissenting against Australian courts that stubbornly reject software patents



  8. Patent Maximalists Are Still Trying to Figure Out How to Stop PTAB or Prevent US Patent Quality From Ever Improving

    Improvements are being made to US patents because of the Patent Trial and Appeal Board (PTAB), which amends/culls/pro-actively rejects (at application phases) bad patents; but the likes of Andrei Iancu cannot stand that because they're patent maximalists, who personally gain from an over-saturation of patents



  9. Links 15/11/2018: Zentyal 6.0, Deepin 15.8, Thunderbird Project Hiring

    Links for the day



  10. A Question of Debt: António Campinos, Lexology, Law Gazette, and Sam Gyimah

    Ineptitude in the media which dominates if not monopolises UPC coverage means that laws detrimental to everyone but patent lawyers are nowadays being pushed even by ministers (not just those whose clandestine vote is used/bought to steal democracy overnight)



  11. Science Minister Sam Gyimah and the EPO Are Eager to Attack Science by Bringing Patent Trolls to Europe/European Union and the United Kingdom

    Team UPC has managed to indoctrinate or hijack key positions, causing those whose job is to promote science to actually promote patent trolls and litigation (suppressing science rather than advancing it)



  12. USF Revisits EPO Abuses, Highlighting an Urgent Need for Action

    “Staff Representation Disciplinary Cases” — a message circulated at the end of last week — reveals the persistence of union-busting agenda and injustice at the EPO



  13. Links 14/11/2018: KDevelop 5.3, Omarine 5.3, Canonical Not for Sale

    Links for the day



  14. Second Day of EPOPIC: Yet More Promotion of Software Patents in Europe in Defiance of Courts, EPC, Parliament and Common Sense

    Using bogus interpretations of the EPC — ones that courts have repeatedly rejected — the EPO continues to grant bogus/fake/bunk patents on abstract ideas, then justifies that practice (when the audience comes from the litigation ‘industry’)



  15. Allegations That António Campinos 'Bought' His Presidency and is Still Paying for it

    Rumours persist that after Battistelli had rigged the election in favour of his compatriot nefarious things related to that were still visible



  16. WIPO Corruption and Coverup Mirror EPO Tactics

    Suppression of staff representatives and whistleblowers carries on at WIPO and the EPO; people who speak out about abuses are themselves being treated like abusers



  17. Links 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  18. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  19. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  20. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  21. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  22. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  23. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day



  24. Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

    The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)



  25. The Federal Circuit and PTAB Are Not Slowing Down; Patent Maximalists Claim It's 'Harassment' to Question a Patent's Validity

    There’s no sign of stopping when it comes to harassment of judges and courts; those who make a living from patent threats and litigation do anything conceivable to stop the ‘bloodbath’ of US patents which were never supposed to have been granted in the first place



  26. Patent Maximalists Will Latch Onto Return Mail v US Postal Service in an Effort to Weaken or Limit Post-Grant Reviews of US Patents

    An upcoming case, dealing with what governments can and cannot do with/to patents (specifically the US government and US patents), interests the litigation 'industry' because it loathes reviews of low-quality and/or controversial patents (these reviews discourage litigation or stop lawsuits early on in the cycle)



  27. Guest Post: EPO Spins Censorship of Staff Representation

    Another concrete example of Campinos' cynical story-telling



  28. Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

    Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that’s a very major problem



  29. The Patent 'Industry' Wants Incitations and Feuds, Not Innovation and Collaboration

    The litigation giants and their drones keep insisting that they're interested in helping scientists; but sooner or later the real (productive) industry learns to kick them to the curb and work together instead of suing



  30. EPO 'Outsourcing' Rumours

    The EPO advertises jobs in Prague and Lisbon; this leads to speculations less than a year after António Campinos sent EU-IPO jobs to India (for cost reduction)


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