10.21.19

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EPO Will Need a Lot More Than Photo Ops and Hoax ‘Studies’ to Restore the Perception of Lawfulness

Posted in Europe, Patents at 11:41 pm by Dr. Roy Schestowitz

At the EPO people are rewarded for breaking the law and punished for protecting the law

Sebastian Bauer in an EPO protest

Summary: Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC

THE EPO’s staff is going to demonstrate tomorrow, as we reported yesterday (just short of a strike which takes longer to prepare because of obnoxious rules requiring authorisaion and a voting process). It has become pretty clear that EPO workers are willing to put their career at risk just to ensure that the EPO starts obeying the law. That takes courage and we respect those who will attend. I myself sometimes protest at work (at great risk to myself) and sometimes it works. Don’t fall for the illusion that you’re powerless and protests have no impact. They certainly do, especially when they become ‘contagious’ (coworkers/colleagues join in).

“Examiners of the EPO are meanwhile being manipulated into granting such patents in defiance of the law (EPC) that governs the Office.”As longtime readers are aware, our original problem with the EPO concerned software patents (going back to articles we wrote more than 12 years ago). The issue has not been tackled at all! Since the Parliamentarians voted against such patents (2005) things have only gotten worse and yesterday we saw Bardehle Pagenberg once again pushing this agenda. In the media even. Surely they know these are not legal and they spend their money on software patents advocacy. Examiners of the EPO are meanwhile being manipulated into granting such patents in defiance of the law (EPC) that governs the Office. Impending guidelines (in effect within days) misuse buzzwords and compel examiners to grant. This is illegal. Workers of the EPO are, in effect, pressured to break the law or risk unemployment — a position I’m well familiar with having confronted some managers on privacy and security issues in the recent past.

“Well, it’s plausible that the EPO just breaks the law in pursuit of endless ‘growth’ (a growth in easily-granted monopolies).”It’s very clear that the EPO’s management dislikes patent quality. It sees real quality (not pendency) as an obstacle, so it does not do proper patent examination anymore. It limits what examiners are allowed to do in preparation of a rejection. So anything that supports a grant (the number of grants nearly doubled in just a few years) is seen as “OK”. Yesterday the EPO tweeted: “What’s the EPO’s practice when it comes to plausibility?”

Well, it’s plausible that the EPO just breaks the law in pursuit of endless ‘growth’ (a growth in easily-granted monopolies).

The EPO then tweeted: “Ever wondered what the #blockchain patenting landscape looks like in China?”

“The EPO’s top-level management invited serial extortionists from another continent to promote this sham. What does that say about the EPO? It’s a fiasco.”Remember that EPO management invited notorious patent trolls with these software patents ("blockchain") to EPO panels. The EPO’s top-level management invited serial extortionists from another continent to promote this sham. What does that say about the EPO? It’s a fiasco.

Having just posted more photo ops of António Campinos, the EPO thinks it can magically sidestep all these scandals. “Look, our president shook hands with someone! And we took a photo! Hence success!!”

“EPO staff has a moral dilemma; what to protect? One’s career or the law? By protecting the latter they can also protect the former, but it won’t be easy. There are risks to be taken and compromises to be made.”As usual, for 4 weeks now (today marks exactly four week), the EPO still promotes that same sham (lying) 'study' it paid for. Who does the EPO try to impress? Who even believes this nonsense? Certainly not the EPO’s own workers.

It ought to have become apparent that nothing at all has changed under Campinos. It’s Battistelli by another name with seemingly — on the surface at least — different temperament.

EPO staff has a moral dilemma; what to protect? One’s career or the law? By protecting the latter they can also protect the former, but it won’t be easy. There are risks to be taken and compromises to be made.

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