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07.02.20

After 2 Years and 2 Days António Campinos is a Perfect Leader, Fostering EPO Abuses While Smiling

Posted in Europe, Fraud, Patents at 9:25 am by Dr. Roy Schestowitz

“When a man is able to take abuse with a smile, he is worthy to become a leader.”

Nachman of Bratslav

Summary: EPO corruption persists, but this time the corruption enjoys better marketing/PR and complicit (or at best silent) media

THE European Patent Office (EPO) under the management of incompetent friends of António Campinos and Benoît Battistelli (former colleagues and relatives) isn’t going to stave off criticism and look beyond the perils unless real changes are implemented, starting with mass resignation of existing top-level management (which is unlikely to happen; they love the salaries and the huge bonuses they give to themselves). Within a few years in the presidency (top seat) both Battistelli and Campinos sank to approval rates/levels (among staff) of 3%-5% and the media is paid to not talk about it (or most of it was intimidated into silence). See what happened to IP Kat

How many software patents were granted from people’s homes/apartments during the pandemic/lock-down? How many of these would prove invalid in courts?

“Apparently it doesn’t interest the media when Europe’s second-largest institution is rife with abuse and serious misconduct.”If you run a patent office, which is itself a sort of monopoly for granting monopolies, you have utmost responsibility to handle the authority sensibly. Instead, in the EPO at least, fiscal priorities took the front seat and then the EPO’s management had the audacity to moan about deficit and punish the staff (based on a lie). Nobody was fooled by it, but again, as we’ve noted before, the media did not mention this. It’s apathetic if not virtually dead. Apparently it doesn’t interest the media when Europe’s second-largest institution is rife with abuse and serious misconduct. Who cares anyway? Right…?

Happy birthday, Mr. António Campinos. May your next 3 years (if you last that long) be as prosperous for you and your colleagues/friends as much as the first two. Plunder it softly.

“There is nothing in the Constitution that authorizes or makes it the official duty of a president to have anything to do with criminal activities.”

Sam(uel) James Ervin, Jr.

06.25.20

[Humour] European Inventor Award (EIA) Still a Hallmark of EPO Corruption

Posted in Europe, Fraud, Patents at 8:47 pm by Dr. Roy Schestowitz

Dog comparison 3: Independent jury. Like the one you sent to exile? France gets EIA every other year?

Summary: A reminder that ‘Judge’ Battistelli profits from EIA and sits on the panel (warning: epo.org link) instead of in some prison cell

06.11.20

Internal Publication About the EPO’s Financial Fraud

Posted in Europe, Finance, Fraud, Patents at 4:37 am by Dr. Roy Schestowitz

Related: Today’s EPO is a Fraud Managed by Frauds

EPO demolition

Summary: The EPO’s staff representatives/union decided to speak about the unlawful ‘reforms’ at the EPO, which is happy to exploit a pandemic to let much of it slip under the radar (while press isn’t functioning or barely functioning)

“Things at the EPO are not getting better,” one reader told us yesterday, “on the contrary.” There’s information to that effect circulating at the moment; it organises known facts about what really happens while people are stuck in their homes, forced to work as if everything is normal (with same quotas and more illegal surveillance).

“Well, we already know where a large chunk of that money is funnelled into.”We’ve decided to air a number of articles and tidbits from the guts of the European Patent Office (EPO), where staff feels increasingly oppressed by António Campinos, who is nowadays being compared to Benoît Battistelli.

In times of pandemic, demolition works continues

Whilst staff struggles with the challenges created by the covid-19 pandemic and the ensuing massive home working (done in parallel with home schooling for many), Mr Campinos continues to push shamelessly his reform of the Salary Adjustment Procedure (SAP) that will strip off staff from a decent protection against the erosion of purchasing power. The new SAP will save 2 billions on the backs of staff and pensioners, when everyone (with the ability to read and count) knows that the need to “fill the gap” is just a big lie.

Thanks to Mr Battistelli and his crew, the EPO has since 2015 the worst career system of all international organisations (IO). If the Administrative Council supports the new SAP of Campinos in June, which is certain, we will also “enjoy” the worse SAP of all IOs…

Not only does Mr Campinos intend to remove the normal financial guarantees, which staff should enjoy, but he continues to deny their fundamental rights, such as a proper right to strike, the right to freedom of speech, or a decent access to a swift judicial system. Let’s take the case of freedom of speech and freedom of communication that goes with it. Since mid 2013, mass emails are banned for the staff representation. Campinos could have easily corrected this absurd anomaly in the world of IOs and EU agencies. He did not, and clearly does not intend to do so any time soon. He may not be the one who introduced the unlawful censorship 7 years ago, but he finds it very convenient after all…

Campinos is, no doubt, Battistelli’s true disciple, although perhaps with less brutality towards union officials than his mentor (but time will tell). After all, one should not forget that, like a king choosing his heir, Battistelli did his best to make sure Campinos would succeed him at the head of the EPO. So we should not be too surprised by the harshness of the reforms that Campinos wants to implement (he has a lot of them in mind, including on education allowances…). He basically shares the same “values” as his predecessor, and will continue – unsurprisingly – to protect Battistelli’s protégés (still very active and influent at the Office); he knows to whom he owes the crown of King of Eponia.

Cui Bono?

It is often said that many of the world’s great questions can be solved by finding the answer to the question “Where does the money go?”.

The EPO is no different – and the Salary Erosion Procedure is no exception. Upon an initiative of SUEPO, Ernst & Young reviewed the EPO’s Financial Study conducted by Mercer & Wyman. Evidently, they won’t say that Mercer were wrong – they just state ”we come to a different conclusion”. A conclusion that is shared with the many publications by SUEPO, Staff Representatives, EPO Pensioners and press: there is no financial gap at the EPO, and there won’t be any, even under Covid-19 circumstances.

At the latest Budget and Finance Committee meeting, this complementary study was swiftly disregarded, and the Member States’ representatives were all too happy to provide a positive opinion on the new Salary Erosion Procedure. In its June meeting the Administrative Council will follow suit in all likelihood, which will allow the EPO administration to pile even more money on top of the stack of banknotes we are already sitting on – all on the back of staff and pensioners, of course. Quite a thank you for the continued efforts staff has been demonstrating in recent years.

The question remains: who is going to benefit from these large flows of money? Cui Bono?

Well, we already know where a large chunk of that money is funneled into. This is likely an elaborate scam if not fraud. Does the EU care? Do member states care? If not, what does that tell us about the EPO’s immunity?

04.21.20

France Keeps Winning European Inventor Award (Millions of Euros of EPO Budget)

Posted in Europe, Fraud, Patents at 11:52 am by Dr. Roy Schestowitz

[Source]

2015: France
2016: Portugal
2017: Italy
2018: France
2019: Austria
2020: (COVID-19)
2021: Monaco France

And the winner is France again
A lot worse than FIFA

Summary: 50% of the ceremonies that should include about 30 nations were/will be held in France, sometimes even with 'Judge' Benoît Battistelli, who highlighted how corrupt and political it all became [1, 2, 3]

“Battistelli’s colleagues at Saint-Germain-en-Laye are also worried about it (too many European Inventor Award ceremonies had been held in France, representing a passage of large sums of money — the funds derived from stakeholders)”2018

03.16.20

Series Index: “Doyen” for a Yen

Posted in Europe, Fraud, Patents at 3:27 am by Dr. Roy Schestowitz

Summary: Series about the Croatian “doyen” Željko Topić, who skips the exams and just gets the awards (licence to print money)

I am Željko Topić. Oh really? Where's your 'MBA'? Well, I'm a doyen of Intellectual Property in the region. OK, come in, come in...

EPO Corruption Under António Campinos: Epilogue

Posted in Europe, Fraud, Patents at 3:03 am by Dr. Roy Schestowitz

Topic IP EPO
Extract from the EPO Official Journal for March 2019

Summary: Corruption prevails at the European Patent Office, Europe’s second-largest institution, and named here are those liable or capable of clarification/rectification

IN the latest EPO mini-series we have looked at how not long after he departed from his job as EPO Vice-President in December 2018, Željko Topić “MBA”, the self-styled “doyen of Intellectual Property in the region”, suddenly and mysteriously resurfaced on the EPO’s list of professional representatives in March 2019.

How exactly Topić achieved a place on this list is something of a riddle because there is no record that he ever passed the EQE which is a mandatory prerequisite for entry on the list.

So far nobody has been able to come up with a credible explanation as to how this could have happened.

The really interesting question here is whether it was all just a simple clerical error or whether “Team Campinos” actively colluded with Topić to facilitate his inclusion on the list despite the fact that he lacks the requisite formal qualifications.

“How exactly Topić achieved a place on this list is something of a riddle because there is no record that he ever passed the EQE which is a mandatory prerequisite for entry on the list.”It is worth pointing out here that it is not within the gift of the EPO President to make such an exemption for any individual.

Under the terms of Article 134 (7) EPC, the President may grant exemption from “the requirement of paragraphs 2(a) or 3(a) in special circumstances” and from “the requirement of paragraph 3(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way”.

In plain English, the first of these “exemptions” relates to the requirement that the candidate for inclusion on the list should be a national of an EPO contracting state. So for example if a US citizen passes the EQE, he can be included on the list of professional representatives if the President grants an exemption.

“So the buck stops with Mr Ernst to clarify the matter.”The second of the “exemptions” relates to the application of the “grandfather clause” in the case of persons in a new contracting state who are normally required to have acted as a professional representative in that state for at least five years if entitlement to represent before the national office is not conditional upon special professional qualifications.

The bottom line here is that none of the “exemptions” listed under Article 134 (7) EPC have any relevance to the case of Željko Topić because the EPO President has no discernible authority to grant any individual an exemption in respect of the EQE requirement of Article 134 (2) (c).

The only thing that we can be reasonably sure about here is that Topić’s application for entry on the list must have passed through the hands of EPO Directorate 5.2.3 which falls under the responsibility of Christoph Ernst as the Vice President of International and Legal Affairs.

So the buck stops with Mr Ernst to clarify the matter.

Of course it should not be forgotten that there are other people out there who could be expected to take an interest in a suspected irregularity in the list of professional representatives.

“This means that as of March 2019, Željko Topić has officially been a member of epi.”Article 134a EPC (warning: epo.org link) establishes an “Institute of Professional Representatives before the European Patent Office” which generally operates under the moniker of epi.

According to pargraph (2) of Article 134a EPC, any person entered on the list of professional representatives “shall be a member of the Institute”.

This means that as of March 2019, Željko Topić has officially been a member of epi.

One would have thought that the epi might have had some concerns about this mysterious addition to its membership and that it would be interested in clarifying Mr Topić’s entitlement to be entered onto the list of professional representatives.

However, when we recall the role played by Tony Tangena of the epi in covering the controversy surrounding Topić’s appointment as EPO Vice-President and his close collaboration with Raimund Lutz in that affair, we advise our readers not to hold their breath on that one…

In the meantime some cynical EPO insiders have been heard to remark that if Battistelli was still in charge at the EPO he would quickly respond by organising an official whitewash using the EPO’s investigative unit.

“…according to inside sources the investigative unit has become a pale shadow of its former self.”But Battistelli is long gone at the helm of the EPO and according to inside sources the investigative unit has become a pale shadow of its former self.

This time the ball is in the court of António the Unsteady. So let’s wait and see how he deals with it – just as soon as he has had time to sober up, that is…

03.15.20

EPO Corruption Under António Campinos: Part 4 – The Role of the EPO Vice-President of DG5 (Christoph Ernst)

Posted in Europe, Fraud, Law, Patents at 1:03 am by Dr. Roy Schestowitz

EPO entry request
The EPO‘s form no. 52300 for requesting entry onto the list of professional representatives

Summary: Team Campinos/Battistelli at the European Patent Office continues to facilitate law-breaking, which can be traced back to the head of “(Il)Legal Affairs”

In order to have one’s name entered on the list of professional representatives before the European Patent Office, it’s necessary to submit a request to the EPO. (warning: epo.org link, clicking can aid spying/IP harvesting by the Office)

“As can be seen from the form, the request is processed by Directorate 5.2.3 which falls under the responsibility of the Vice President of International and Legal Affairs (VP5).”This is normally done using the official form no. 52300. As can be seen from the form, the request is processed by Directorate 5.2.3 which falls under the responsibility of the Vice President of International and Legal Affairs (VP5).

From 1 January 2011 until the end of 2018, this position was held by Raimund Lutz, former head of the German delegation to the Administrative Council.

Lutz and Christoph Ernst of EPO
Lutz (l.) with his protégé Ernst at a junket organised by the German Federal Patent court (2011)

According to EPO insiders, Lutz who was in charge of the EPO’s legal department between 2011 and 2018 was one of the most ruthless internal facilitators of the Battistelli regime.

“According to EPO insiders, Lutz who was in charge of the EPO’s legal department between 2011 and 2018 was one of the most ruthless internal facilitators of the Battistelli regime.”Externally, Battistelli also received vital support from the German delegation on the Administrative Council headed by Lutz’s successor in that role, Dr Christoph Ernst, at that time a senior official and ministerial advisor at the German Federal Ministry of Justice.

With hindsight it seems clear that Ernst was already being carefully groomed by “Team Battistelli” as the most promising successor to Lutz in the role of EPO Vice-President in charge of Legal and International Affairs.

In the meantime, in October 2017, Ernst enjoyed an unexpected “promotion” to the position of Administrative Council Chairman. He was parachuted into this position as a “safe pair of hands” to fill the void left by Kongstad’s sudden and untimely departure which is rumoured to have been connected with financial irregularities including alleged misappropriation of EPO funds.

“He was parachuted into this position as a “safe pair of hands” to fill the void left by Kongstad’s sudden and untimely departure which is rumoured to have been connected with financial irregularities including alleged misappropriation of EPO funds.”A little over a year later, in a typical game of EPO musical chairs which had long been predicted by EPO insiders, Ernst once again succeeded Lutz, this time as EPO Vice-President in charge of Legal and International Affairs (VP5).

Ernst seems to have been “awarded” this position in recognition of his “services” to the Battistelli regime during his time on the Administrative Council.

Ernst took up his position as EPO Vice-President in January 2019 but during most of the year he was rarely seen at the EPO and he seems to have spent most of his time abroad travelling to attend various IP junkets in the Far East in places such as Singapore, South Korea and Japan.

Christoph Ernst photo-ops
Images from the Christoph Ernst Pacific Rim Tour 2019

Of course it wasn’t all travel to exotic faraway locations on the Pacific Rim. Christoph also found time for more mundane duty travel to EPO contracting states including Greece and together with his new boss António he went on a whistle-stop tour of the Nordic region (warning: epo.org link) taking in Sweden, Finland and Denmark.

Christoph Ernst in Greece
A rather bored looking Christoph Ernst attending an IP junket in Greece (September 2019)

Christoph Ernst in Denmark
Ernst (3rd from left) with Campinos at the Danish Patent & Trademark Office (September 2019)

Sadly, a likely side-effect of the novel Coronavirus Covid-19 will be a reduction in Mr Ernst’s appetite for foreign travel in 2020.

But the upside is that he might be able to spend a bit more time behind his desk in the EPO’s Isar Building.

And if he does, he might even manage to look into the unsolved riddle as to how Željko Topić “MBA” ended up on the EPO’s list of professional representatives despite there being no record that he ever passed the EQE.

“Sadly, a likely side-effect of the novel Coronavirus Covid-19 will be a reduction in Mr Ernst’s appetite for foreign travel in 2020.”After all let’s not forget that Topić’s application must have passed through the hands of EPO Directorate 5.2.3 which falls under his responsibility as the Vice President of International and Legal Affairs.

Come on Mr Ernst, how about a little bit of transparency and accountability on this one?

03.14.20

EQE From the Back Door

Posted in Europe, Fraud, Patents at 5:47 am by Dr. Roy Schestowitz

Can't get diploma... ...Unless

Summary: Those with money and connections in the underworld which is IP’s “high society” can get the diploma they need with minimal effort

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