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11.24.18

EPO Nowadays Closely Associates With Site That Attacks, Insults and Calls for Resignations of Judges (Those Who Scrutinise Patents)

Posted in Courtroom, Europe, Patents at 6:20 pm by Dr. Roy Schestowitz

Judge-bashing rhetoric is rather common in the US (recent examples in [1, 2, 3]), but the EPO has brought that to Europe

Fair trial

Summary: After Battistelli’s vicious attacks on courts and attacks on judges it is hardly surprising that the Office finds allies in the very worst of alleys

IT IS hardly surprising that Watchtroll has an account called “European Patent Office” in which EPO press releases (typically lies) are now published. For EPO to associate with this extremist site would not help. Both attack judges, courts, even the law itself. We have already pointed out that the EPO’s official account links to Watchtroll, the Office collaborates with Watchtroll, gives it interviews etc. Watchtroll, as longtime readers of ours know, is a pretty extremist site that habitually attacks the courts and singles out judges for some shaming.

The latest press release that Watchtroll reposted is this nonsense about “sharp rise in patent applications for self-driving vehicles” — seemingly an expensive PR campaign that resembles Battistelli’s misuse of money. The EPO commissions self-promotional ‘studies’ and then presses European media to spread some puff pieces, potentially in exchange for money. In that regard, António Campinos is no better than Battistelli; he also personifies the issues, interjecting his name into the corresponding puff pieces.

In this particular case they are promoting software patents in Europe; the same thing happened yesterday in the patent propaganda blog Managing Intellectual Property which wrote about (mostly) computer vision software patents "on a car" or "in a car", citing a patent troll (Unwired Planet) as an example and promoting FRAND tax:

He adds that companies do not want this same situation for the driverless car market that emerged in the telecoms sector in cases such as Unwired Planet v Huawei.

Beyond this challenge, automotive companies are also compelled to consider future licensing tensions and those that arise from the creation of cross-collaborative projects.

The clash has come about because of the sudden influx of new players into the automotive industry to meet the demand for technologies needed to build driverless cars – from radars and ultrasonic sensors to artificial intelligence software and 5G systems.

As well as big players in the software and telecoms sectors such as Intel or Qualcomm, car companies are working with hundreds or thousands of SME or start-up companies with specialisms in tech specialities such as AI to develop these self-driving cars.

There’s that buzzword again: “AI” (algorithms rebranded as “intelligent”).

We quite frankly worry that the reputation of the EPO has became as appalling as Watchtroll’s (which outside the circle of patent maximalists is regarded as a crude misinformation site).

EPO’s Head of Human Resources Elodie Bergot “Condemned for Harassment in France When She Worked for the Caisse Assurance Retraites”

Posted in Europe, Patents at 5:31 pm by Dr. Roy Schestowitz

Recent: Élodie Bergot Threatens Staff Representatives Who Spread Information About the EPO

Bergot letter

Elodie Bergot letter

MoU signed by Bergot
Battistelli, Topić and Bergot. Who said bad behaviour can’t be rewarded?

Summary: As the EPO employs sociopaths and psychopaths at the highest of levels it doesn’t seem as though adherence to or compliance with the law is an option; there’s a new story related to Elisabeth Hardon’s case (classic union-busting action)

THE European Patent Office (EPO) just cannot seem or isn’t able to find redemption. It’s often seen as a “beyond redemption” institution due to the brain drain at the ‘bottom’ (technical staff) and the nepotism at the ‘top’ (a bunch of thugs that make up the kakistocracy). The law isn’t obeyed, the rules aren’t obeyed and just about anything pertaining to justice is routinely mocked. This coming from an institution which at its core (patents) should be about justice…

Dr. Thorsten Bausch has just published an interesting long blog post summarised by: “Setting the record straight concerning the right to dependent claims under the EPC” (which the EPO nowadays routinely violates).

“EPO Examiners sometimes urge Applicants to delete dependent claims considered to relate to “unsearched subject-matter” after having raised a unity a posteriori objection,” he writes today. “We are investigating in how far the EPC justifies forcing an Applicant to delete dependent claims as well as possible counter-arguments for defending them.”

We never blame EPO Examiners for (almost) anything; if they fail to do their job properly, it’s typically because they are compelled to follow illegal rules or guidelines — internal rules for which EPO management is responsible.

Interesting is this hours-old post from a likely EPO insider (Märpel), who shared the following gossip about Bergot (who insiders joke is bossing António Campinos instead of the other way around). To quote:

Prowling the corridors of the Isar building yesterday, Märpel noticed that the tenth floor was very busy on Friday. Apparently, the hearing of Mrs. Elisabeth Hardon on Monday was postponed. Märpel is not sure for what reason, so watch this space for future articles.

Could it be that President Campinos realised that entrusting Mrs Elodie Bergot again to lead the prosecution was not a smart move?

Does President Campinos realize that Mrs Elodie Bergot is known all over the EPO for harassing whomever crosses her path? Does he know that staff working under her supervision never stay longer than six months? Did she tell him that she was condemned for harassment in France when she worked for the “Caisse Assurance Retraites”?

If anyone could verify/substantiate, that would definitely help (probably dependent upon French fluency). It would not surprise us at all, having seen some letters from her (which we never published). She is a bully and even her close colleagues dislike her.

António Campinos Has Run Out of Time, EPO Staff Representation Now Views Him as Just Another Battistelli and Wants Immediate Change

Posted in Europe, Patents at 2:50 am by Dr. Roy Schestowitz

Campinos and Battistelli in 2011

Summary: Frenchmen António Campinos and Battistelli (above) continue to poison life at the EPO, harming not only the institution itself but also many people who depend on it or are impacted by its low-quality patent grants

THE management at the European Patent Office (EPO) is still gagging and threatening staff representatives (this was removed last week), denying them even the ability to speak to people whom they represent, i.e. persistent union-busting by Bergot as a ‘front’ for António Campinos, who either fails to control her or silently sanctions everything (to make himself look benign while he’s a silent aggressor). People are starting to understand this and the term "mini Battistelli" was used some days ago (in concluding a meeting of the union).

To the Heads of Delegation of the Administrative Council of the European Patent Organisation the following message has just been sent:

Dear Heads and Members of the Member States’ Delegations to the Administrative Council of the European Patent Organisation, dear Chairman,

One of the main tasks the Administrative Council has entrusted Mr Campinos with is the improvement of social dialogue and the mitigation of the social tensions created by his predecessor.

We appreciate that President Campinos has issued several promising declarations of intent, and hope that they will now be swiftly followed by concrete actions.

We bring two recent publications on EPO disciplinary cases to your attention. They are attached to this message.

The staff considers most of the disciplinary measures taken by Mr Battistelli unfair, in particular those which targeted staff representatives, union officials and a Board of Appeal judge. During a general assembly this week, Munich staff requested through a resolution that the damage done to their elected representatives be repaired and ongoing disciplinary proceedings be stopped. They also support the case of the staff representative and union official in The Hague whose case is currently pending at the ILO Tribunal.

Genuine social dialogue can obviously only take place when such restoration and compensation for the abuses of Mr Battistelli and his administration have taken place. Solving these issues would further help to overcome the persistent atmosphere of intimidation, and allow the staff to fully focus on the work to be done.

Mr Campinos’ “trust capital” is already starting to erode. We therefore urge you to support him in introducing the changes the staff requests in its resolution. This would send a clear and positive signal to all EPO stakeholders, and help restoring the reputation of the Organisation.

The EPO-FLIER Team,
a group of concerned staff of the European Patent Office
who wish to remain anonymous due to the prevailing
harsh social climate at the Office

Attachments:
EPO-FLIER No. 42 “Status of EPO disciplinary cases”, and
CSC publication “Staff Representation Disciplinary Cases – Urgent action needed”
(sc18151cp, which was made available to the staff and distributed in the EPO cantines)

Over at IPPro Patents, Barney Dixon has just published this article about SUEPO’s complaint:

The Staff Union of the European Patent Office (SUEPO) has called for EPO president António Campinos to drop charges against one staff union member and reinstate another in full in order to restore social dialogue at the office.

In a general assembly, staff of the EPO gathered in view of SUEPO’s coming elections and voted on a resolution that has now been submitted to Campinos.

The resolution notes that Campinos has ordered a new disciplinary committee hearing against former chairperson of SUEPO Munich and chair of the EPO’s local staff committee in Munich, Elizabeth Hardon, with previous charges that were thrown out by the International Labour Organisation’s Administrative Tribunal (ILOAT).

SUEPO said that the ILOAT had already “castigated” the EPO administrative behaviour in two other cases against Ion Brumme and Malika Weaver.

Composed and published anonymously was also this new article from Kluwer Patent Blog:

The Administrative Council of the European Patent Office must act and support president António Campinos in initiatives to end ‘the persistent atmosphere of intimidation’ at the EPO.

That is the message of a letter which was sent to the heads of delegation of the Administrative Council (AC) earlier this week by the EPO-FLIER Team, ‘a group of concerned staff of the European Patent Office who wish to remain anonymous due to the prevailing harsh social climate at the Office.’ EPO-FLIER has been active since 2014.

[...]

According to EPO-FLIER, it appreciates ‘that President Campinos has issued several promising declarations of intent, and hope[s] that they will now be swiftly followed by concrete actions.’

However, so far little or nothing has changed for people who came into conflict with Battistelli and were sanctioned, according to EPO-FLIER, which published a document on the status of EPO disciplinary cases earlier this month. ‘The staff considers most of the disciplinary measures taken by Mr Battistelli unfair, in particular those which targeted staff representatives, union officials and a Board of Appeal judge. During a general assembly this week, Munich staff [the Central Staff Committee] requested through a resolution that the damage done to their elected representatives be repaired and ongoing disciplinary proceedings be stopped. They also support the case of the staff representative and union official in The Hague whose case is currently pending at the ILO Tribunal.

Genuine social dialogue can obviously only take place when such restoration and compensation for the abuses of Mr Battistelli and his administration have taken place. Solving these issues would further help to overcome the persistent atmosphere of intimidation and allow the staff to fully focus on the work to be done.

Mr Campinos’ “trust capital” is already starting to erode. We therefore urge you to support him in introducing the changes the staff requests in its resolution’, EPO-FLIER wrote to the AC representatives of the EPO’s 38 member states, who act as the Office’s supervisory body.

Mind the first and sole (so far) comment:

Nothing is changing under Campinos since he has arrived last July.

He merely finishes the job of Battistelli and this with the precious help of Battistelli’s protégée Elodie Bergo. It is no surprise that his trust capital is eroding fast since his lovely words are not fooling the highly educated EPO workforce.

Also not to be forgotten, the production pressure on staff is not decreasing (so much for real patent quality), the exhaustion among staff remains at unsustainable levels coupled to fear of abusive sanctionings, which is the recipe for disaster (one may only wonder when the next suicide will occur only next time it will not be associated with Battistelli any longer).

Many elderly staff are leaving the EPO sooner than they thought since they cannot stand the circus any more, and also worrying more and more new comers are leaving the sinking ship after 2 to 3 years only.

I would advise all job applicants to have a look at this before applying
https://www.glassdoor.de/%C3%9Cberblick/Arbeit-bei-EPO-EI_IE198808.11,14.htm

SUEPO is still very quiet and secrective; it self-censors a lot. As the above puts it: “Nothing is changing under Campinos since he has arrived last July.”

Will temperatures rise again in 2019? Passivity isn’t helping as staff numbers dwindle (downsizing).

Team UPC Refuses to Stop Lying, Pays Money to Spread Its Unified Patent Court (UPC) Lies in the Media

Posted in Deception, Europe, OIN, Patents at 1:41 am by Dr. Roy Schestowitz

Summary: The last hope of software patents (bypassing national courts that keep rejecting such patents) may be coming to an end and not even sponsored self-promotional posts can resurrect such hopes

THE European Patent Office (EPO) — we cannot emphasise strongly enough — barely mentions the UPC any longer. António Campinos mentioned it at most a couple of times since becoming the EPO’s President back in July. Sure, Campinos actively promotes software patents in Europe — patents that aren’t legitimate (that’s why they try to replace the current court system with the UPC, which the EPO has more leverage over).

“Sure, Campinos actively promotes software patents in Europe — patents that aren’t legitimate (that’s why they try to replace the current court system with the UPC, which the EPO has more leverage over).”Yesterday we spotted an article titled “Sind Ihre Produkte vor patentrechtlichen Angriffen und „Trollen“ sicher?” in German media. It’s about the UPC, which has been de facto dead for nearly a year, thanks in part to the constitutional complaint in Germany. There are several other factors in the mix, one of which is Brexit.

Team UPC’s Jane Lambert wrote yesterday on Twitter, in light of leaked Brexit documents: “The section on IP in the leaked political declaration in @TheGuardian__ makes no mention of British participation in the #UPC after the transition period and leaves no room for it so ratification and spend on rent and fitting out Aldgate East has come to 0 https://www.theguardian.com/politics/2018/nov/22/brexit-leaked-political-declaration-in-full …”

There’s “no need to kick this dead horse and businesses in the UK do not want it anyway, only trolls and litigators,” I told Lambert.

“It’s about the UPC, which has been de facto dead for nearly a year, thanks in part to the constitutional complaint in Germany.”Bristows has meanwhile promoted the delusion of Italy magically replacing the UK (that would require a massive overhaul and it’s impractical). “Italy’s Council of Ministers approves amendment of IP Code to implement unitary patent and UPC system,” it wrote, citing itself (see rebuttal in this earlier post). To make matters worse, Bristows has apparently just paid to spread its lies to news feeds. It is the first time in months that they say anything at all about UPC.

The reality of the matter is, UPC is dead, which means that courts will continue to reject software patents and reject the gross misrepresentation of the EPC (the EPO keeps trying to justify patents on algorithms this way, snubbing courts).

Yesterday the EPO wrote: “Last chance to register for our “Global patenting and emerging technologies” conference. Don’t miss out on an inspirational day…”

“It was bad enough that OIN legitimised software patents in the US; is it doing the same in Europe now?”By “emerging technologies” the EPO means algorithms, which are not patent-eligible (but today’s EPO ignores the law and the rules anyway). It then wrote: “What does the IP landscape look like in the area of #blockchain? Mirko Boehm from the Open Invention Network, Benjamin Bai from Ant Financial Services Group, Klaus Haft from @HoyngRokh and Richard Bennett from Schwabe Sandmair Marx will discuss that here: http://bit.ly/EPOblockchain18″

Shame on OIN for participating in patent trolls-infested events of the EPO where software patents are promoted and disguised by hype waves. We have totally lost respect for OIN. It was bad enough that OIN legitimised software patents in the US; is it doing the same in Europe now?

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