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03.20.17

Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

Posted in Deception, Europe, Patents at 6:56 am by Dr. Roy Schestowitz

Girl on a tricycle

Summary: At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide

THE most sickening things about the EPO, at least from my personal point of view as one who covers the scandals at a relatively high pace, are the insults being flung at EPO workers who are the victims. These endless lies are simply unacceptable. The latest insulting gesture from Battistelli was this video of his (similar to last year's). We are gratified to learn that other people felt similarly about it. “The show must go on,” one reader told us, adding that “I have spent 5 mins today watching the (I mean “ze”) not so famous TV show starring Don Battistellini himself on YouTube. Well, who says that this guy lacks sense of humour? The only trouble is that he might be infringing the copyright of the “allo allo” TV series of the years 1985. What a great comedy!! I couldn’t stop laughing!! I might produce in the coming days a dubbed version with a German accent.”

“These endless lies are simply unacceptable.”Battistelli’s utter lack of a sense of humour was noted here before, e.g. in relation to jokes that he probably chose not to understand. The man is as dry as fascio, basically a bundle of rods (referencing the etymology of fascism). It has gotten so bad that there’s absolutely no room for entertainment at the Office. It’s just like North Korea. Jokes can be taken out of context to allege that people intend to become snipers/sharpshooter and physically “take down” people. As for Battistelli, this chronic paranoid (since before he even came to the EPO) would have people believe that there are assassination attempts against him. Some people are easily fooled by this (it’s widely considered a “pretext” or “false flag” for Battistelli's reign of terror). To quote this new comment in The Register: “You would think that having someone try to kill this man (bike brakes) would send a clear signal to everyone involved that something is seriously wrong. Leaving him in there when everyone is trying to get him out is a recipe for disaster.”

That’s a loaded statement actually. We wrote a great deal (at the time of the fear-mongering hype) about the so-called bike incident. We don’t intend to repeat what we wrote as it’s hardly even worth entertaining anymore.

“A reason to look closely” does exist. As one person put it: “As far as I know the story of the Presidential bike brakes being tampered with is generally regarded as “fake news” inside the EPO (even before the term as “fake news” became so popular).

“This item of “news” was put into circulation by a Vice-President apparently in order to justify a budgetary request for the President’s personal security (bodyguards etc.).

“Battistelli’s utter lack of a sense of humour was noted here before, e.g. in relation to jokes that he probably chose not to understand.”“I don’t believe that anybody inside the EPO takes it seriously. It is considered to be PR trick to gain sympathy from the Administrative Council by portraying the President as a “victim”.

Yes, this happened at the time when Battistelli, the Liar in Chief, had to justify spending over a million Euros (in a few years) on stupid personal bodyguards which are neither useful nor required. He’s having a ‘party’ with EPO budget and rewards cronies around him. It’s rather despicable to watch.

Outsiders should not be fooled by Battistelli. The man is likely responsible for the death of quite a few people (suicides), yet he wants to be seen as a poor old man having to defend himself from “armed Nazis”, “Mafia”, and “snipers”.

“Yes, this happened at the time when Battistelli, the Liar in Chief, had to justify spending over a million Euros (in a few years) on stupid personal bodyguards which are neither useful nor required.”Battistelli and his cronies, moreover, can’t stop bullying staff. Not too long ago someone told us about the EPO’s head of the law department (as if they care about law at the EPO), who should still be Ms Theano Evangelou, “a Greek lady on her forties,” according to her victim. “She was the lawyer playing the “public accuser” against me on my disciplinary sessions. She was zealous and defiant. [...] after that the ombudsman established the wrongdoings of the Office against me…

“She was (and probably still is) assisted by a younger pal, some Kostantinos Kortsaris, typical arrogant and vain and law-illiterate human byproduct office’s money can buy…”

What we have witnessed at the EPO is systematic legal bullying against people. We have literally a hundred or more stories that can come out at any time, shall the relevance or need arise. In a sense, the Office is now run like some kind of Mafia, yet some are led to believe that the Mafia Don, Battistelli, is the victim. Recall the following recent articles of ours:

  1. The Battistelli Mafia and Corsica
  2. The European Patent Office Looks More and More Like the Sicilian Mafia Every Day

In the next post we shall look into more of the diversionary tactics used by the Office to habitually portray sysmetically-abused staff as spoiled, over-demanding and aggressive. It seems to have become somewhat of a trend recently (damage control) tactics, so we have decided to respond proportionally.

03.18.17

EPO Management Deeply Concerned That the Public Has Found Out Quality of European Patents (EPs) Nosedived Under Battistelli’s Regime

Posted in Deception, Europe, Patents at 5:48 pm by Dr. Roy Schestowitz

They are afraid of divestment — an emergent reality which they themselves have led to with their reckless actions

Disinvestment
Reference: Wikipedia

Summary: Growing pressure on the EPO’s management to acknowledge that quality control has gone totally out of control as stakeholders already grasp the obvious and act accordingly, turning to other patent offices, such as their national ones (NPOs)

THE number of patent applications from the US nosedived at the EPO. It fell by nearly 6% in just a single year (based on EPO data, which is itself dubious), whereas the same cannot be said about the USPTO.

What does that mean? Maybe that means that Americans are sufficiently well informed. As we explained in our previous post, EPs are overpriced and have become easier to challenge in a court of law. Sloppy examination process isn’t the fault of examiners but the fault of their managers, who agree (on behalf of top-level management, notably Team Battistelli) to run the Office like an assembly line with unrealistic quotas. Examiners who don’t play alone with this spiel will simply lose their job and likely remain unemployed for a long, long time (there are severe sanctions imposed on future employment of former EPO staff).

“Sloppy examination process isn’t the fault of examiners but the fault of their managers, who agree (on behalf of top-level management, notably Team Battistelli) to run the Office like an assembly line with unrealistic quotas.”For those who missed the leak which Team Battistelli attempted to distract from, see it now: Leaked E-mails From the EPO’s Roberto Vacca Reveal That Patent Quality at the European Patent Office Has Become Farcical” (based on hard evidence).

Many insiders have probably heard of if not actually seen this by now. This is seriously toxic stuff!

Yesterday the EPO wrote: “Knowing how examiners organise their work can help you understand the processing time of applications.”

We agree.

Notice the wording (or words) used by the EPO nowadays: “production”, “demand”, “processing”…

“Processing” as in taking files off the shelf and pretending to do examination because Battistelli wants “production” (or else!)?

“Knowing how examiners organise their work can help you understand the processing time of applications.”
      –EPO
Examiners keep telling us they are unable to actually do their job. This isn’t what they joined the Office to actually do. Battistelli has accomplished nothing; he converted a bunch of highly sophisticated individuals (experts in their respective fields) into a horde of obedient “processors”. They don’t like it, stakeholders don’t like it, and the public should certainly not like it (much of it is still in the dark about this).

Several months ago we showed that both patent quality and quality of service (not the same thing) nosedived based on stories we had covered here. Complaints about this reached even European politicians! Quality of service and also patent quality are a problem. 0% approval rating for Battistelli says quite a lot. Nowadays, even the examiners themselves are signaling so outwards (maybe hoping that stakeholders will pressure further for the sacking of Battistelli).

“Heard just yesterday from an insider,” one person told us recently, “those guys are not loud enough, not enough guts.”

We mentioned this in our previous post. Battistelli’s reign of terror keeps many of them reluctantly quiet. This atmosphere of great fear at many levels (as they know he is immune from prosecution) serves to protect him. He’s another Recep Tayyip Erdoğan, bar the mustache.

“Heard just yesterday from an insider, those guys are not loud enough, not enough guts.”
      –Anonymous
Some examiners (not all), from what we have been able to gather, want to tell stakeholders that they need to divest — as few already do — because only then the EPO’s chinchillas (Administrative Council) might get the message and fire Battistelli (even if Battistelli lies to them constantly and pays them money).

Battistelli, who continues to use IAM as his propaganda mill (as he has done for a while), likes to pretend nothing is amiss when it comes to quality. Maybe he even trained himself to believe his own lies. Maybe.

On the subject of patent quality, since the 2016 ‘results’ were announced, we have written MANY articles, including:

Knowing that the truth would discourage further applications (at these high prices), maybe even renewals that have been a cash cow, the EPO’s management leaps into action and according to this comment from yesterday, the EPO’s management is attacking its own staff again, for merely stating facts:

New Communiqué from the two old farts VP1 and VP2 : the manipulation is so cheap and below the belt! this shows that when addressing the Admin Council in their statement where they worry about the fact that the figures are due to unhealthy production pressure which can only impact on the quality of the work done (thus caring for the future of the EPO), the Staff Reps have hit the nerve!

And this auch noch signed by VP1 (an ex-examiner who did all he could not to do patents) and from VP2 (a man whose level mirrors that of Manuel in Fawlty Towers…)

I am proud to be represented by you guys! Hut ab!

———-

Dear colleagues,

We have the duty to inform you that yesterday when the Administrative Council was discussing the progress report of the Unitary Patent Protection, the staff representatives took this opportunity to attack publicly again, in front of all Member States’ delegates and the user representatives, the quality of the products delivered by EPO staff, without any evidence but unfounded allegations.

Although all objective indicators, supported by regular internal and external audits and user surveys, have demonstrated that EPO quality has increased over the last years, these attacks are repeated publicly. It shows a total lack of respect for the colleagues who have shown by their efforts and professionalism the capacity of the Office to improve the quality of the products and services of the Office.

The staff representation has the right to criticize any aspect of the management of the Office if they so wish. The staff has the right to know what its representatives say about its work.

Got that? Truth is treason at the EPO! So much for an institution based on rule of law, science, and integrity. It looks more and more like a mosque. To deviate from the king’s rosy view is “apostasy”, punishable by suicide.

“New Communiqué from the two old farts VP1 and VP2 : the manipulation is so cheap and below the belt! this shows that when addressing the Admin Council in their statement where they worry about the fact that the figures are due to unhealthy production pressure which can only impact on the quality of the work done (thus caring for the future of the EPO), the Staff Reps have hit the nerve!”
      –Anonymous
Quality of patents at the EPO has definitely declined. That’s patently true, so it’s not a badge of honour — as Universitat Autònoma de Barcelona believes it to be — to just throw lots of money at EPs. It’s a total waste of money. “The UAB continues to lead Spain in patent applications,” it wrote, but isn’t that just misuse of public money? It’s worse than waste of money because some of these patents, as we have witnessed in the US, are funded by the public to later be sold to patent trolls, which in turn attack and tax the public. It’s like the public paying tax to fund the very weapons that will later be used against that same public.

The above tweet from Universitat Autònoma de Barcelona was retweeted by the EPO, which later added: “The EPO received 2.8% fewer applications from Denmark in 2016″ (link to epo.org omitted).

“You forgot to show the map from which you REMOVED Denmark,” I told them, alluding to the following series of articles about the insulting map and misleading claims from the EPO:

The EPO copied DKPTO on that tweet. Staff of the DKPTO ought to know what their boss is doing behind closed doors. It’s truly despicable. There are probably some countries where he would be arrested for such actions, for charges including — but not limited to — animal cruelty.

Thankfully, people who read our articles have begun actively challenging the lies from the EPO. One account that follows me asked them: “How did you search all the criteria (mentioned above) in the databases? Is there an automated and computated process?”

“Thankfully, people who read our articles have begun actively challenging the lies from the EPO.”The EPO did not even respond this time around. It wants to just take the discussion out of public sight. It said, “we appreciate your interest & would gladly provide you further details on the methodology. Pls email us at press@epo.org”

Like “press” people are likely to understand the underlying science. They’re skilled at misleading and lying more than anything else. That’s in their job description almost, and they are now assisted by fracking lobbyists (outside help). Guess who foots the bills for these lies…

“If the EPO wanted to repair its reputation, it would have to delete many of these videos, including the one from Battistelli, in which he insults his staff, the staff representatives, the intelligence of all Europeans, the Boards of Appeal, and the laws of Europe (UPC is completely unconstitutional in a lot of countries).”We have said it before and it’s worth repeating: every single day the EPO spreads a lie or two (if not more). It’s more than embarrassing; it’s totally outrageous. It is damaging to Europe and it paints patents in a very negative light. See this new tweet which says : “Test your knowledge: Which tech field saw the most inventive activity in 2016? This might give you a hint: https://www.youtube.com/watch?v=quXqa3zr5MI …”

This video is damage control and misdirection, as explained in yesterday's article about it. If the EPO wanted to repair its reputation, it would have to delete many of these videos, including the one from Battistelli, in which he insults his staff, the staff representatives, the intelligence of all Europeans, the Boards of Appeal, and the laws of Europe (UPC is completely unconstitutional in a lot of countries).

03.17.17

IAM Remains Battistelli’s Propaganda Mill, Helping to Manufacture and Reinforce Lies About Quality

Posted in Deception, Europe, Patents at 10:29 am by Dr. Roy Schestowitz

Dozens of lies stuffed into less than 5 minutes

Battistelli and IAM
Also see: Benoît Battistelli “Should Not Have Been in Charge of Anything More Involved Than a Hamster Cage Without the Hamster…”

Summary: The main accomplishment of the Liar in Chief, who read a script to the camera, is that he managed to lie so quickly and so frequently with a straight face

THIS year, just like last year [1, 2], IAM is trying to impress Battistelli, whose PR agency has already funneled money into IAM on at least one occasion (that we are aware of).

“In this video, Battistelli blatantly lies about the Boards of Appeals — in a way that no doubt would offend all those whom he attacked. He also lies about the “social conditions” — uttering words that are enough to make staff’s blood boil in well under 5 minutes.”IAM would have us believe that the EPO is doing great; they have a marriage of convenience between them and the above screenshot (frame from this new video, viewed only by 275 people) is just one among many infuriating things. The Liar in Chief, who cannot speak German and can barely speak English*, is so insecure that we are hardly surprised that he just attacks anyone who dares question his authority.

In this video, Battistelli blatantly lies about the Boards of Appeals — in a way that no doubt would offend all those whom he attacked. He also lies about the “social conditions” — uttering words that are enough to make staff’s blood boil in well under 5 minutes. Throughout his bizarre (unprofessional, he looks like a nervous wreck) reading session he keeps citing his paid-for ‘studies’ — the best propaganda money can buy!

“Those who wish to understand why Battistelli has 0% approval rating amongst EPO stakeholders only need to watch a fact-checked (annotated) version of this ridiculous video from Battistelli.”Unitary Patent fake news and lobbying takes up almost 20% of the entire video, claiming “renewed commitment from the UK” (i.e. ignoring the very reality of Brexit) and repeating the lies (e.g. “end of this year”) from Team UPC — lies that we continue to see floated in social media today, adding to a sea of fake news.

Those who wish to understand why Battistelli has 0% approval rating amongst EPO stakeholders only need to watch a fact-checked (annotated) version of this ridiculous video from Battistelli. If he auditioned for a clerk’s position or applied for a job guarding a hamster’s cage (to quote the above-mentioned joke), he’d be easily be beaten by any other candidate.
____
* It’s very embarrassing to watch him read the script like a fool. I’ve seen elementary school students doing a better job, without having to read someone else’s script and looking all awkward and robotic. Many EPO workers command numerous languages and can speak fluently in all of them, unlike Battistelli, who is supposed to be a perceptually superior boss.

UPC Fake News Rising Sharply as Door Closes for Unitary Patent Ratification and Jo Johnson ‘Needs’ to Believe the UPC Will Actually Happen

Posted in Deception, Europe, Patents at 7:22 am by Dr. Roy Schestowitz

Team UPC keeps spreading a lot of fake news in the UK, e.g. [1, 2, 3, 4, 5, 6, 7]

Fake news in Wikipedia
Reference: Wikipedia

Summary: An outline of some of the latest attempts to distort the truth for financial gain (lawyers who stand to gain from the UPC, along with their giant clients that wish to crush competition across Europe)

THE UPC is not in a good state or in decent shape. There is a lobbying campaign, however, trying to make it seem as though the UPC is desirable, imminent, and unstoppable. Dr. Ingve Björn Stjern too has already debunked these myths. That’s what they are: myths. Honest, albeit few, people inside the legal profession sometimes care to admit the truth under their real name. Many are complicit by silence, oftentimes out of convenience. As someone put it some weeks ago in IP Kat, the very thought of UPC in the UK “is a perfect example of what lobbying can achieve!”

“Dr. Ingve Björn Stjern too has already debunked these myths. That’s what they are: myths.”We are a Web site composed largely by a single person (hi!), but that doesn’t mean we’re powerless in the face of an extraordinary lobbying campaign funded in part by Benoît Battistelli and the EPO for a number of years. They’re lying to us. They are trying to fool all of us, including our elected officials.

As we have explained here repeatedly (even yesterday), the UPC simply cannot — as a matter of law — happen in the UK (court jurisdiction, requirement of being EU member state etc.), so the best Team UPC can do right now is rewrite what’s known as “UPC” with Milan instead of London. It wouldn’t even (necessarily) be called “UPC” at that point. Speaking of Milan, see yesterday’s article from Trevisan & Cuonzo Avvocati (a law firm), titled “Should I stay or should I go: the Court of Milan rules on the possibility of deciding on an invalidity/infringement action pending opposition before the EPO” (it would be off topic to remark on it right now).

“Honest, albeit few, people inside the legal profession sometimes care to admit the truth under their real name. Many are complicit by silence, oftentimes out of convenience.”The reality of the UPC being strictly impossible in the UK is not being tolerated. The law firms down in London are very, very angry. They are also somewhat nervous, knowing that Article 50 is coming and Jo Johnson has not yet ratified anything (even when Team UPC said he was ‘supposed’ to, namely March 7th).

Here we have a lawyer at James Ware Stephenson stating: “#IP #Brexit UPC function depends on quality of judges – UK is therefore best location of the UPC @IPaware”

But wait, what are the assumptions here? That British judges are somehow superior (supposedly the English language too) and that the UPC will come to post-Brexit Britain? “Quit pretending that UPC is coming to the UK,” I responded, “based on fake news that the lobbyists are trying to reinforce…”

“They try to attract UPC-related business, hence their constant lobbying for the UPC.”I have not received a respond, but never expected one either. The UPC proponents live in their own bubble and simply reject anyone who points out facts. Another person wrote that “JILL Smith of Dyson concerned about keeping what we have in IP @Dyson @ipaware #Brexit event @Briffalegal”

For those who wonder what “@ipaware” in these tweets refers to, it’s the “IP Awareness Network”, which is a sort of front group for the likes of Team UPC (and beyond), akin to CIPA. They’re simply lobbyists. Go to their original/official site and you will see “Site off-line”, so they don’t even maintain a Web site really (not so well anyway).

Darren Smyth, who has been lobbying for the UPC while knowing it's bad for the British industry, has just said (in the above context, “IP Awareness Network”): “UK industry will be reluctant to use Unitary Patent and #UPC until clear whether UK will stay in after #Brexit @IPaware”

They try to attract UPC-related business, hence their constant lobbying for the UPC. At whose expense? Brits who actually create things, and would be rendered vulnerable if the UPC ever became a reality. The same is true not only for Brits.

“Team UPC itself, suffice to say, is a 24/7 operation of UPC fake news, just amplifying its own misinformation as the closing date (Brexit/Article 50) looms.”Another one of those British UPC hopefuls (looking to profit from it, without actually creating anything) wrote that “#Unitary patent looks, at this point in time, to be on track for start date of December 1 2017.”

“You are linking to fake news from Team UPC,” I clarified, linking to our detailed debunkings of these fake news. Repeating fake news about UPC and Spain seems the only thing they’re capable of doing now (even linking again to already-debunked news from a week ago).

Team UPC itself, suffice to say, is a 24/7 operation of UPC fake news, just amplifying its own misinformation as the closing date (Brexit/Article 50) looms. Bird & Bird IP, a core part of Team UPC,‏ needs to come clean about spreading fake news regarding Spain, but instead it writes that “The Socialist Party presses the Minister for answers on why Spain remains out of the #UPC system,” linking to its own lobbying, (mis)filed under the “news” section, under “articles”.

“Well, the “UPC Prep Committee” is nothing but the wolf that guards the sheep (or the fox watching over the hen house).”Team UPC employee Beatriz Díaz de Escauriaza (Associate in Spain) does some more lobbying, again with fake news which misrepresents what actually happened there. It’s not even news, it goes years back (2015) and is in no way indicative of upcoming change of mind, unless the Spanish media gets ‘planted’ in it politically-motivated shame pieces (as already happens, after pressure from Team UPC and maybe the EPO/FTI Consulting).

MIP, which keeps pushing for the UPC in strategic events (that just happen to coincide with Battistelli's lobbying visit to Jo Johnson), now refers to a "Committee" which is itself Team UPC as a source when it says: “Interesting: UPC Prep Committee “confident” UPCA Protocol will come into effect at end of May!”

“That’s like asking think tanks of fracking giants whether or not fracking is harmful to one’s health and the fracking analogy goes a long way because the EPO contracted fracking lobbyists to push agenda like the UPC.”Well, the “UPC Prep Committee” is nothing but the wolf that guards the sheep (or the fox watching over the hen house). That’s like asking think tanks of fracking giants whether or not fracking is harmful to one’s health and the fracking analogy goes a long way because the EPO contracted fracking lobbyists to push agenda like the UPC.

Truth be said, we have become accustomed to fake news about the UPC, courtesy of Team UPC and few gullible journalists who engage in no fact-checking process; this isn’t a new strategy and they have been doing this for many years, always predicting the imminent arrival of something that never came, in order to blackmail politicians into signing things in a rush, thinking they would be left behind/outside otherwise.

03.16.17

Incredibly Unscientific: EPO is Making up Excuses for Decline in Patent Applications

Posted in Asia, Deception, Europe, Patents at 6:20 am by Dr. Roy Schestowitz

China’s growth in patents is superficial and misleading; In Europe there is negative growth, but ‘infographics’ like the one below try to paint the opposite picture

Poland missing
Poland missing from the map as it’s part of what the EPO is trying hard to hide

Summary: The European Patent Office continues to insult nations and also insult science, essentially by spreading lies and deleting from the map particular nations in order to legitimise these lies

WE have decided to leave aside USPTO articles until the weekend because the frequency of lies from the EPO is increasing again and if these lies are not confronted with facts there is risk that even some EPO employees will believe them.

We previously explained that application numbers at the EPO are declining in Europe. Prior to that we showed how the EPO had been lying. See for example the following:

2 days ago we wrote about unscientific (if not antiscientific) and rather offensive maps from the EPO, serving as a sort of propaganda or misinfographics for the lazy. They have already mentioned Belgium (highest growth), so now it’s Italy’s turn (second highest), as the screenshot of this tweet (above) shows. In spite of criticism, knowing that they are being bashed for it, the EPO’s PR team has decided to tweet, yet again, this offensive, antiscientific map. Later they wrote: “Patent applications from Poland dropped after increases in 2015″ (screenshot above, as they recently removed such tweets and we caught the deletion).

“Has the EPO removed Poland from the map just for king Battistelli and his desperate need for brainwash throughout this week? Is Poland no longer part of Europe?”Notice how, for obvious reasons, they are not even showing the map because Poland was conveniently removed from it! Has the EPO removed Poland from the map just for king Battistelli and his desperate need for brainwash throughout this week? Is Poland no longer part of Europe? Mind the fact that they also make excuses for this decline, as if to say, “yes, it’s down, but it’s actually up!”

This is the kind of “alternative facts” that we are seeing more and more of, courtesy of an Office that has become a disgrace to science itself.

Where is the EPO seen as a growth opportunity? The land of patent gold rush, where patent quality thresholds/barriers are so low that last year alone there were over a million patent applications (at SIPO). We have been writing a lot about it, irrespective of our EPO coverage. See yesterday’s article “Brighter prospects for business method and software related patents in China” (alternative headline: SIPO lowers quality of Chinese patents to zero).

“WIPO does not want to tell the full story, but the devil is in the detail.”At the EPO, the only region of growth is China (US demand for EPs is down very sharply). But then again, the same is true for other patent offices across the world. It’s not just an EPO phenomenon, it’s a Chinese phenomenon. According to Korean media (e.g. the Korea Herald, which is published in English), patent lawsuits are totally out of control in China, exactly as we predicted (it’s up 37% in just a short period of time). China is now destroying its own leadership and wrecks its own industry with litigation, making only a bunch of law firms richer. They didn’t learn from the mistakes of the US, did they? Another Korean publication stresses the ramifications for Korean companies operating in China. The patent maximalism encouraged by SIPO is destructive and suicidal (in the commercial sense). This is why companies won’t want to operate in China, or will be reluctant to expand to China. According to a lot of reports from yesterday [1, 2, 3, 4, 5, 6], patents are down except in China (with few exceptions here and there). WIPO does not want to tell the full story, but the devil is in the detail. WIPO wrote: “International #patent applications grow by 7.3% to a record 233,000 in 2016: http://ow.ly/l87S309VSfu”

Francisco Moreno looked at the underlying figures and wrote (in Spanish, but obvious to non-Spanish speakers):

Solicitudes internacionales de patente (PCT) en 2016:
Totales 233.000 +7,3%
*de origen chino: 43168 +45%
*de origen español: 1503 -1,7%

WIPO does not show this breakdown to a wider audience. No word about the role played by China (+45%) just patenting everything under the Sun. Spain (-1.7%) is absent from the EPO’s map, for obvious reasons. Now, watch this new tweet from the EPO. Yesterday is said: “Philips remains no. 1 patent applicant at the EPO in 2016 – 2nd year in a row. http://buzz.mw/b1wxh_f”

“In today’s EPO, it’s garbage in, garbage out (applications, granted patents).”But Philips is the only European company at the top. 60% of the top 5 are east Asian, and only one is European. So much for “European” Patent Office… “90 per cent of patents in Australia are foreign owned,” someone pointed out to me last night, but Europe is not a population as small as Australia’s. There are similar numbers in India, where software patents are not permitted.

Whose interests are served? In today’s EPO, it’s garbage in, garbage out (applications, granted patents). The GIGO Office is what Battistelli is after.

“It doesn’t matter to them what it means to innovation, as long as there is a lot of litigation and money keeps flowing into the pockets of middlemen (including robber barons like Team Battistelli).”Last year, shortly after the so-called ‘results’, we spent some time explaining that patents from China aren’t quite what they seem. Many are just in Mandarin. It’s faked growth and the quality of this ‘growth’ is low.

Pro-litigation (or pro-trolls) sites like IAM are obviously infatuated with east Asia these days, as we noted here before. They see this is a growth (profit) opportunity, at least for those who make money — at professionals’ expense — by suing and settling. Baker McKenzie, a legal firm, has just written about Thailand and IAM relayed this placement/ad for a firm from Taiwan. It doesn’t matter to them what it means to innovation, as long as there is a lot of litigation and money keeps flowing into the pockets of middlemen (including robber barons like Team Battistelli).

03.15.17

New Examples of Fake News About the Unitary Patent (UPC), Courtesy of Patent Law Firms Looking to Prey on Gullible SMEs

Posted in Deception, Europe, Patents at 6:29 am by Dr. Roy Schestowitz

“All warfare is based on deception” (many quotes to that effect, basically the idea that disseminating lies is acceptable when you gain power by it)

The vote on UPC
This is what Team UPC vainly calls “the unanimous UPC vote.” The vote on UPC isn’t what they tell us it was.

Summary: Tackling some of the latest fake news about UPC (too much to keep abreast of) and the misleading figures proclaiming to be EPO ‘results’

Steve Howe, writing on behalf of his employer (a law firm), has just supplied us with an excellent new example of fake news about the UPC, courtesy of greedy UPC hopefuls, which we collectively refer to as Team UPC because they not only lobby for the UPC but are also the same people who came up with it, wrote it, promoted it, and now hand it over for politicians to sign. It’s coup basically. It’s an insult to British and European (EU) democracy.

Howe’s headline is a loaded statement and a lie, wanting us to believe that UPC is inevitable here in the UK, and that it’s only a matter of “when”, not “if”. Howe’s closing words are these: “So the current signs are that the Unitary Patent Package may come into effect within the next year, long before the UK finally leaves the EU. However, as we have seen over the last year, predicting the future is a very inexact science, and the path towards Brexit and the path to the Unitary Patent Package probably have some mileage left.”

Well, that last sentence was deemed/considered particularly catchy by UPC antagonists. Putting aside the lies and lobbying in that paragraph (the “inevitability” tactics), there is no disclosure and it very much resembles other fake news which we have come across very recently in the UK (e.g. [1, 2, 3, 4, 5, 6]), even in blogs without disclosures (yes, we are looking at you, IP Kat).

In its official Twitter account Howe’s employer wrote: “After @theresa_may’s Art. 50 statement, our very own Steve Howe looks at what comes 1st, Brexit or unitary patent?”

How about neither? Or only one of them (as the two are inherently and patently incompatible)? Of course, Howe’s employer presents loaded statements, which make us assume that both are done and dusted, confirmed and destined to be true irrespective of some supposedly absent/non-existent opposition.

The above is not the exception but the norm. We have, by this point at least, become accustomed to such fake news. It happens every day and we’re failing to keep track of it all. There is certainly a lot more on the way.

Yesterday we saw Wolters Kluwer’s Christine Robben‏ (Team UPC) promoting the latest propaganda from her employer. Team UPC now amplifies all that fake news about UPC. Here is the latest pile of lies. Just notice what they DON’T say. It’s just an echo chamber. See the screenshot at the top, showing what kind of ‘vote’ there was in Germany, at 1:30 AM (yes, AM!). Is German democracy becoming as big a farce as Turkish democracy?

For information and background, see what we wrote about Germany only days ago:

EIP, which has been part of the UPC boosting (this was noted here repeatedly in the past), is meanwhile contributing to the latest propaganda by writing that “German Parliament paves the way for European patent reform,” without noting the full facts. “Last paragraph,” as Francisco Moreno‏ points out to them, says “[o]nly 35 of 360 Bundestag members voted (at 1:30AM!) 2/3 majority is required when dealing with delegation of sovereign rights…”

Out of 600+ actually, not 360. Francisco Moreno‏ later took the above screenshots and told me: “Right, 630 members! Here, the 35 members present at the unanimous #UPC vote.”

As Benjamin Henrion put it, “you mean this vote is not constitutional?” They just need to get politicians to operate based on false assumptions, like making voters vote based on fake news (and when they realise it was fake all along it’s already too late to change one’s vote).

“No idea,” Moreno told Henrion, “but last paragraph suggest that this vote could be vulnerable.” German readers and Dutch people have already told us so too. It’s like a classroom inside a massive school conspiring to vote in the small hours of the morning to help construct lobbying material for Team UPC. That’s what it looks like anyway…

Also revisit what we wrote about the UK on Sunday night:

Last but not least, this is the latest about Spain:

Moreno is keeping abreast of fake news in the Spanish media. He writes about it in Spanish, so our Spanish readers are encouraged to follow his writings.

The above are rebuttals to fake news from the past week alone. We also needed to post many rebuttals to the EPO‘s fake ‘results’, namely:

Yesterday, Barker Brettell LLP published this piece titled “Grants up, backlog down – EPO Annual report 2016,” in which it had constructed and spread misleading spin. it does not tell readers that patent quality is down, applications are down, and skillful people are leaving the Office, which is starting to resemble just a registration office (as insiders feared).

“Cool map!” Francisco Moreno‏ wrote about it (tongue in cheek). “If this tendency continues, the EPO will be granting in 2017 100% more patents than in 2010, with only a 10% increase in examiners…” (nothing like this has happened at the USPTO in the same period).

That’s the ‘Battistelli effect’….

Another Battistelli effect is the effect on integrity. The EPO lies so much these days that almost every single tweet (except event promotion) is a lie. Yesterday it said “Medical technology remains the field with most patent applications filed in 2016…”

Click on the link and see what they don’t say. It actually DECLINED in the past year (minus and red); Like patent applications at the EPO in general….

Another EPO tweet from yesterday said: “These virtual classroom events are ideal for SME staff new to IP management…”

The EPO cares not at all about SMEs, as it promotes the UPC that’s against them, and then there is systematic discrimination against their applications (left at the bottom of the pile).

The European Patent Office has lost all respect and even insiders are sick of it. Read the following new comment from George Brock-Nannestad of Denmark, who in his fourth paragraph onwards speaks of the UPC and SMEs that should be up in arms over it (“I am surprised that the SMEs are not up in arms,” but some noticed and spoke out). To quote:

Dear Merpel,

thank you for having undertaken the onerous and disheartening task of keeping tabs on what goes on at the European Patent Office. I can well understand that you are worn down. Your coverage as the main source and a few other sources have provided me with a total of 1.35 GB of material that only goes from bad to worse. I have kept this because it reflects a scandal of momentous dimensions, and one could fear that some of it will disappear simply due to public embarrassment. On the other hand, reading the material is not for the weak, and I cannot recommend it.

I think that the IPKat posts have been the only trustworthy ones in the field, but the comments only have very little trustworthiness. Collectively, though, the comments through their mere numbers, do draw ugly pictures.

I myself have been driven to saturation, I have become numb, there is very little that can shock me anymore, and I am only wondering ‘WHY’? Who benefits from this situation, except the perpetrators, of course. But where are the checks, where are those who ought to insist on adhering to the European Patent Convention? It is true that the subject matter is somewhat esoteric, and very few really understand what we had as a smooth-running machinery that is rapidly becoming a formalities-only examination and early certainty of acceptance. A whole collection of jurisprudence on the fundamental properties of a patent system that serves society will become an empty academic exercise that was good for a period of perhaps 25 years, but which will stand as a non-reachable Utopia because of the constant attrition.

I am surprised that the SMEs are not up in arms. Maybe they believe the hogwash that politicians have told them about the UPC. They are dependent on the state (delegated, though the power is) to weed out the patent applications that do not merit acceptance. To an SME faced with a patent that is purportedly infringed it does not matter whether the company prevails in a court case, if the result is 5 years into the future. It is just as bad as ILOAT providing justice to wronged employees of the European Patent Office so many years after the infraction.

SMEs do not have the stamina to survive an unreasonable court case. The only thing left for SMEs is to be pro-active, i.e. do the work of the European Patent Office. Search independently, file observations, but probably better: file good oppositions. Get the opposition count up! It is expensive, but it only takes one or two saved court cases to fully recoup the costs. But getting the count up also changes the statistics at the European Patent Office, and it is something that its present management may not like but can do very little about. Well, they can increase the opposition fee to the ridiculous, just as the fee for opposing a trademark in Denmark was increased by a colossal amount more than 20 years ago, because some big players leaning on the authorities thought that they had a right to bad trademarks and resented that they were being hampered by successful oppositions from the general public. Who is leaning on the EPO?

Again, many thanks, and please continue to moderate the comments that come in to the last posts. There are now at least two posts that have more than 200 comments, but it cannot be helped if there are so few posts.

Very disheartened,

George Brock-Nannestad

Brock-Nannestad was quoted in the Danish media after we had published a series of articles regarding Jesper Kongstad; he probably understands that the shenanigans at the EPO are harmful to the entire profession centered around patents — if not well beyond it — and moreover it’s incredibly damaging to Europe’s economy (much like the UPC promises to be, essentially giving corporate, globalist sovereignty over Europe to few large corporations, with a little ‘trickle down’ effect to their patent lawyers in Europe).

03.14.17

WIPO is in the Business of Publishing Ads for Notorious Patent Aggressors (Facing Antitrust Charges) and Promoting Software Patents

Posted in America, Antitrust, Deception, Patents at 12:31 pm by Dr. Roy Schestowitz

WIPO magazine for software patents

Summary: For corporate lobbying purposes, namely the promotion of software patents, WIPO gives its own platform (and Web site) to an executive from a highly-abusive and most notorious patent bully, Qualcomm

PROMOTION or grooming of patent trolls is typically IAM territories. Dominion Harbor, for example, is a patent troll like those which IAM likes to whitewash (also connected to the world’s biggest troll), including as recently as yesterday. “Like many other licensing companies,” it said yesterday (“licensing company” is a euphemism for troll), “four-year-old Dominion Harbor has concluded a number of licence deals with big Chinese tech companies” (much like deals between IAM and patent trolls, which give money to IAM).

“Promotion or grooming of patent trolls is typically IAM territories.”It’s almost understandable that IAM Media accepted money from companies it covers. That’s just an ethical breach for a private company. But what happens when an agency like WIPO, which is supposed to be non-commercial, becomes a mouthpiece of patent bullies? We can expect that from the EPO, but not the USPTO (we cannot think of such an instance).

“Qualcomm is one of the biggest patent troll out there,” Benjamin Henrion alleged yesterday, and it is now being solicited by WIPO. “I am truly disgusted,” I told Henrion, “but not surprised.”

“They use the troll money to buy WIPO embedded ads,” one person told me, or so “it appears.”

Remember that WIPO is just about as abusive as the EPO (it’s nowhere near EPO levels of abuse in our view) and if it is ‘working’ for Qualcomm the patent bully (probably the biggest and most notorious such bully these days, having attracted several antitrust actions in multiple continents), what does that say about WIPO?

As a reminder, Qualcomm is using software patents (among other patents) against the competition and here is its former executive, in WIPO magazine, promoting software patents.

It “seems like IP is best defended with a paraphrase of why Free/Open software works,” somebody told me. “Qualcomm embedded ad?”

“It’s almost understandable that IAM Media accepted money from companies it covers. That’s just an ethical breach for a private company.”Well, this is what happens when “IP” people, not software developers, ask for software patents (without having actually practiced software development). Software patents proponents (obviously not software developers) are currently promoting this piece from ‘ex’ Qualcomm (in WIPO’s Web site, as HTML). I asked the author, “what computer programs did you develop? Why hijack voices of software developers for software patents (your $)?”

Henrion joked with her, “burn all software developers.”

He also wrote, “maybe she can precise if developers can benefit from freedom of expression as well?”

“It’s the old “you can’t earn money w/o patents” story, right?”

That’s what another person wrote before noting that the author “also argue[s] software replaces mechanics and electronics?”

“”If it’s free,” the saying goes, “then you are the product.” WIPO and its corporate partners probably just hope to convert this event into a lobbying opportunity, influencing those who choose to attend.”Sadly, we don’t have the time (or sources, never mind resources) to cover WIPO. IP Kat mentioned WIPO yesterday and it was basically a WIPO-related ‘ad’ which said: “There is still time to reserve a place at the New Zealand and Australia Roving Seminars on WIPO services, which will take place in Auckland on March 13, Wellington on March 15, Sydney on March 20, Melbourne on March 22, and Perth on March 24, 2017. There is no charge for registering or attending.”

“If it’s free,” the saying goes, “then you are the product.” WIPO and/or its corporate partners probably just hope to convert this event into a lobbying opportunity, influencing those who choose to attend. At the end, somebody pays the bills.

Unitary Patent (UPC) Misinformation in Spanish Media and EPO-Connected (Paid) Media That Lobbies Spain

Posted in Deception, Europe, Patents at 11:48 am by Dr. Roy Schestowitz

FTI Consulting is how the EPO’s management is almost literally buying perceptions, as large corporations typically do, yielding fake news about the UPC and about itself (self-censorship included)

FTI Consulting for fracking
FTI Consulting for fracking. From FTI Consulting’s own brochure [PDF], bragging about helping to poison British people on behalf of big clients.

Summary: The EPO’s lobbying for the UPC seems to have not only corrupted English-speaking and French-speaking media (with a recent FTI Consulting deal to target German and Dutch media) but perhaps also Spanish media, whose language has a broader reach worldwide

THERE IS nothing that EPO management won’t do to get its way. It already drives some people to suicide. The EPO’s Investigative Unit (I.U.) was called 'gestapo' on Dutch television one year ago and when German media concurred it evoked the wrath of (maybe threats from) Team Battistelli.

“Media too has become a casualty of Battistelli and his notorious bags of money.”On Sunday we wrote about fake news about UPC in Spain, with horrible stuff like paid “pressers”. As we expected (but could not verify without understanding Spanish), it didn’t take long to find even coverage in Spanish, from publishers whose financial strings may or may not be connected to the massive PR budget Battistelli secretly allocated (repeatedly even, behind the scenes) to fracking lobbyists. Thankfully, some Spanish readers keep sending us more examples of that. One of them highlighted a new article and wrote: “Desperately Seeking Ratification “unitary patent aims to facilitate obtaining patents to innovative european SMEs” How so? #UPC mantras?”

Bank robberyThis is the corresponding tweet that says: “No os perdáis el análisis de @JulioMiravalls La Patente Unitaria necesita a Londres desesperadamente | Innovadores http://www.elmundo.es/economia/2017/03/13/58c68bb146163fcb5b8b45cb.html …”

Media too has become a casualty of Battistelli and his notorious bags of money. Sometimes we have to pinch ourselves and remind ourselves that the EPO is based in civilised Munich, not some place like Harare, Zimbabwe. What on Earth is going on and why isn’t the EPO being raided by Interpol, Europol, or whatever was used to belatedly tackle corruption in FIFA? Not only European interests are being undermined but international interests too (for the enrichment of few crooked officials and affluent executives). It’s a class conundrum — the type of thing which TPP opponents habitually speak of (e.g. in relation to ISDS).

“…it didn’t take long to find even coverage in Spanish, from publishers whose financial strings may or may not be connected to the massive PR budget Battistelli…”Going back to the above tweet, it links to a mainstream publication in Spain. Is Spanish media playing the same game as over here? As Benjamin Henrion put it (in response to this article), “UPC means chaos, better stay outside, especially when their proponents lied saying it won’t allow swpats” (software patents).

IAM Media (of IAM ‘magazine’), which was paid by FTI Consulting, made a statement that was patently false, yet many people retweeted this and the tweet was never deleted. Latest from IAM is some more lobbying. Earlier today they published this non-news puff piece. The Editor in Chief pretends that SMEs in Spain want lots and lots of patents. Could this be any shallower? It certainly looks like veiled UPC lobbying in Spain. Just think of the timing. So IAM is pushing this non-news (and misrepresentation of SMEs) as recently as this morning (today), so again we cannot help but think of money (IAM was funded by the EPO’s PR firm for pro-UPC lobbying).

“So IAM is pushing this non-news (and misrepresentation of SMEs) as recently as this morning (today), so again we cannot help but think of money (IAM was funded by the EPO’s PR firm for pro-UPC lobbying).”It doesn’t take a genius to see what’s going on here. IAM is, at the same time, meddling in Germany, not just by shaming people (as it did in the past for UPC in Germany) but also misleading claims about a vote that means little or nothing; Germany cannot ratify the UPC without the UK doing it first (the lobbyists are working on that too).

“Germany is very unlikely to ratify before the UK does,” even IAM admitted. “UK ratification is still expected before the summer. But don’t stake your life on it!”

It’s not expected before summer. Stop repeating what you wish would happen (now they say “summer”, previously they said March 7th, so notice the pattern).

The cited tweet got deleted. They cannot help spreading fake news by linking to fake data and baseless claims, can they?

“They cannot help spreading fake news by linking to fake data and baseless claims, can they?”What extraordinary lobbying skills! Maybe it’s time for Joff Wild’s career change. He can quit pretending to be a journalist and cash in big time somewhere like Brussels. Maybe even Battistelli can find a salary for him. The EPO’s salaries are widely envied in the EU (exceeding even those of EU/EC officials).

We should note that the IP Kat has officially quit covering EPO scandals, which include manipulation of the media, threats to the media, and so on. “This may well change with the Unified Patent Court,” said this IP Kat comment the other day, “a UPC-style Fujifilm declaration, anyone?”

UPC means nothing but the EU shooting its own foot, for the benefit of few international corporations and their European patent lawyers. It’s a parasitic thing in nature and in practice.

“UPC means nothing but the EU shooting its own foot, for the benefit of few international corporations and their European patent lawyers.”Watchtroll (patent maximalist in the US), incidentally, currently helps UPC lobbyist Wouter Pors pretend that the Unitary Patent is all done and dusted. These are lobbying tactics at play; shame on Watchtroll, but then again we expect it to root for ruinous laws that would mean nothing but a sea of litigation. This ‘article’ is already being promoted by software patents proponents. They’re not even from Europe.

Regarding Germany, there is now this article from Heise about it. Henrion wrote about the above article (a solid translation might help) that “Heise mentions the petition against the UPC in the UK, coming days we will have to go physical” (unlikely to actually change the outcome, based on recent such actions in Westminster and elsewhere).

“We remind readers that Jo Johnson was ‘supposed’ to ratify the UPC a week ago, if only Team UPC’s lies had any bearing…”We wrote about Britain on Sunday, taking note of the latest lobbying for the UPC down in London [1, 2]. Battistelli’s British puff pieces that read like a copy-paste job are being cited by the UPC hopefuls. Terrible, shallow fake news; that’s what these puff piece boil down to. FTI has massive operations/presence down there in London (for historical and commercial reasons), so it’s hard to tell how these things are being arranged or set up (if at all). It’s only reasonable to have suspicions.

We remind readers that Jo Johnson was ‘supposed’ to ratify the UPC a week ago, if only Team UPC’s lies had any bearing…

He didn’t ratify anything, however, in spite of the extreme pressure including Battistelli’s lobbying visit, which yielded a press release and a photo (only from the EPO).

“Follow the money and you may find Battistelli wasting stakeholders’ money, throwing wads of cash from a tall building to willing, corruptible ‘journalists’ who are willing to play along with FTI Consulting and Team Battistelli.”Those poor UPC proponents have apparently not disseminated enough lies yet — enough to convince politicians to blindly sign documents that Team UPC itself had prepared, and in a rush. ‘Poor’ greedy liars. Enemies of British and European democracy… they see Brexit becoming a reality (more progress has just been made, not that I am pro-Brexit) and Jo Johnson didn’t even ratify the Unitary Patent a week ago like Team UPC had said he would.

“And what about the Unitary Patent,” one person wrote the other day. “How can we have enhanced cooperation (Article 20) if we’re leaving?”

The UPC cannot happen here in Britain. It won’t happen in Spain either, hence the need for propaganda and fake news. Even Germany is now being targeted with fake news. Follow the money and you may find Battistelli wasting stakeholders’ money, throwing wads of cash from a tall building to willing, corruptible ‘journalists’ who are willing to play along with FTI Consulting and Team Battistelli.

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