Bonum Certa Men Certa

EurActiv's Puff Piece for EPO (Amid High-Budget Media Blitz) Reveals Just How Clueless and Tactless the EPO's President Really is

EurActiv logoSummary: A bunch of EPO puff pieces served through the Web this week, and they don't stand up to basic scrutiny based on facts

ALTHOUGH Wikipedia calls EurActiv "independent", we oftentimes wonder why it promotes corporate interests and all sorts of villainous 'trade' deals. Over the years it has also been a platform for Microsoft lobbyists in Europe. In our humble assessment, there was always something dubious if not odious about EurActiv's agenda.



"In our humble assessment, there was always something dubious if not odious about EurActiv's agenda."Yesterday we noticed this article (puff piece, EPO-sponsored?) from EurActiv, complete with softball questions for Battistelli, almost staged. Why not just make it a "guest post" of Battistelli, as if he was a journalist using this platform? Questions include loaded ones like: "Will the first unitary patents be granted in 2016?"

Well, UPC is not even a reality yet. Talk about jumping the gun...

The title of the piece is click-bait (probably for more hits/traffic) and a response to it has just been posted in IP Kat, saying:

Have you seen this?

Battistelli: Many Apple patents would not have been granted in Europe

In response to a question regarding "patent war" litigation between tech companies such as Samsung (a closer-contact-with-major-applicants-pilot-project member) and Apple (NOT a closer-contact-with-major-applicants-pilot-project member), Battistelli states that the reason this 'patent war' is "happening mainly in the US and not Europe" is "because there are many patents in the US granted to Apple which would have not been granted in Europe because we are more rigorous and more selective than in the US. In my [Battistelli's] view, this 'patent war' is largely due to dysfunction of the US system."

What a remarkable statement!

Battistelli manages - in fewer than 50 words - to appear not only to defame Apple's patent portfolio, but also manages to pooh-pooh the US system as "dysfunctional"!

I guess Battistelli doesn't remember that the infamous "slide to unlock" patent (EP1964022) was granted by the EPO, and only later invalidated by the German Bundesgerichtshof... (http://ipkitten.blogspot.fr/2015/09/apples-european-slide-to-unlock-patent.html)

He probably also doesn't recall that the reason the Apple-Samsung 'patent war' is fought mainly in the US is because Apple and Samsung have agreed to end all patent lawsuits outside the US between themselves.

I wonder if Battistelli would be willing to identify individual Apple patents granted in the US that would-not-be or were-not granted in Europe?

How should Apple feel about such statements..? How should Apple investors feel about such statements?


We too were surprised that Battistelli can pretend Apple is in no way abusive in Europe (we wrote a lot about it). Has he lived up a tree for the past 3-4 years? Is he willfully misleading or just misinformed? We don't know what's worse...

"The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO."The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive "media presence" for the EPO. We kindly ask readers to recall that the EPO is 'planting' puff pieces in the media and spends obscene amounts of money doing so right now (newly-leaked contract), so we can only make guesses about EurActiv's motivations. We are seeing some other pro-UPC pieces right now, in lawyers' Web sites (no mainstream reach though). One of them has just parroted the EPO: "According to a publication on the website of the European Patent Office (www.epo.org), significant progress has recently been made towards the unitary patent. The Select Committee, which was set up by the original 25 member states participating in the unitary patent, has agreed on the distribution of income generated by the payment of the uniform renewal fees to the European Patent Office (EPO)."

We don't know what motivated the writers to just repeat the EPO's claims. The EPO has a very poor record on accuracy and honesty. Remember what it told The Register earlier this week about freedom of the press. It was almost hilarious.

Meanwhile, the EPO-sponsored bloggers from IAM are shaming Germany into accepting the EPO's ambition of making UPC a reality (more injunctions, damages, patent scope), but this does not exactly surprise us. We have come to expect this from IAM, which has written virtually nothing about EPO scandals (lies by omission). It mostly did 'damage control' for the EPO amid these scandals.

"The EPO has a very poor record on accuracy and honesty."Looking at IP Kat for a moment, one new article speaks about a new topic and states that "The Technical Board wanted to know whether a notice of appeal that was filed after the time limit according to art. 108 EPC was to be deemed inadmissibleor not filed (note that this question is different from the one in G2/14, where the notice was filed timely, but the fee was paid late. G2/14 was terminated because the patent in question lapsed for non-payment of the annual fee)."

Another new article speaks about the big scandal regarding discriminatory treatment of applicants. "Merpel is also a bit annoyed," she said, "because she has heard of European attorneys being asked about the new PACE provisions by applicants in Japan, who apparently heard it from visiting Examiners well before this announcement. Merpel is not against Examiners visiting applicants, but it is unhelpful to say the least to announce changes to users of the European patent system who require representation without representatives having been given the chance to inform themselves."

Well, imagine what would happen if everyone applied for PACE. This whole system is a sham. It's designed to eliminate patent neutrality while maintaining the illusion that it doesn't.

Watch this new comment that says: "Not only letters to applicants are changed.

"Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills.""I was involved in a case where the division had decided to grant, and all members had signed. The director went to the second examiner and the chairman and stated that he did not agree, and that they should have consideration for their staff reports.

"He then went to the entrusted examiner and said that the grant would not go out and a refusal should be written.

"When the first examiner went to consult with the other two members they said that the director had already been to see them and please do the refusal (obviously in fear of reprisals).

"So what does the poor first examiner do? Write a refusal (keeping the original signed and dated grant, since Mr. Director was swiftly before pension and the examiner feared a rebuke from DG3 if the file would be appealed). Yes, strange happenings in EPONIA."

Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills. Do these people wonder why even politicians took an interest in this wasteful media manipulation?

The protest in Munich is going on right now. We hope to find some press coverage about it as early as Monday, if not in Sunday newspapers (Germany has several of those).

Colonel Battistelli must be feeling like there's a dire need to brainwash his staff right now.

"Religion is what keeps the poor from murdering the rich."

--Napoleon Bonaparte



Recent Techrights' Posts

Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
 
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024
Gemini Links 16/12/2024: Invisibles and 20 Years of GNU/Linux on the Desktop
Links for the day
Microsoft's Windows Fell From 98% to Less Than 15% (in 15 Years in Africa)
Operating System Market Share Africa
Swaziland: GNU/Linux Leaps to 7.24%, Based on statCounter
Remember that Microsoft had many layoffs this year in Africa
A Birthday Wish
My birthday is a few hours away
[Meme] Definitely Not Your Role Models
Hypocrite Neckbeard Meme
Changes or Variation of Logo at the FSF as 40th Anniversary is Near (Months Away)
Next year the FSF turns 40
Mobile Usage Nearly 90% in Maharlika (Philippines)?
Microsoft has become just a footnote
Push Back and Become More Vocal for LLM Abuse and Misuse to Stop
We hope that more people out there (sites too) will call out the people who saturate particular topics on the Web with machine-generated junk
The Media Failed to Hold GAFAM Accountable (and Now It Suffers From It and For It)
This recognition of the problem emboldens us to carry on
Botswana: New Highs for GNU/Linux, All-Time Lows for Microsoft
No wonder Microsoft has so many layoffs in Africa this year
Links 16/12/2024: Skinnerboxes ("Smart" "Phones") and Control Social Media Blamed for Fights
Links for the day
Reminder: The Microsoft Person Who Used OpenAI for En Masse GPL Violations Told the Whistleblower to Kill Herself
The evidence (real message)
Links 16/12/2024: emacs, Drawabox, “You Should Have Your Own Website”
Links for the day
In Some Parts of the World, Like Central America and South America, Microsoft is Irrelevant on the Web
Nadella has bet the farm on a Ponzi scheme
[Meme] Microsoft is Not a Country
Reporting crimes is essential for democracy
There's Not Much Time Left for President Biden to Pardon Julian Assange and Signal to Journalists That Exposing States' Crimes or Rich People's Misbehaviour is Lawful
Apathy towards this is part of the problem
Image Fusion is Not 'AI' (LLMs Aren't Either)
Such fakes can (and always could) be done by a digital artist, it's just a little more expensive and time-consuming
GNU/Linux at New Highs in Bosnia And Herzegovina
Quite a few Balkan nations show high adoption rates for GNU/Linux
From Scientists to Pigeons: The EPO Has Turned Patent Examination Into a Process Made by Computers and Improperly Trained Staff Which Doesn't Meet the Requirements of the European Patent Convention (EPC)
Might as well abolish this entire system if this is the current trajectory
Razik Menidjel Will No Longer be Chief Operating Officer Operations at the EPO
What does the EPC say about slop and should it be updated to deal with trouble such as slop?
Underpaid and Inexperienced Workers Overwhelm the EPO, Granting Many Invalid Patents and Placing Pressure on Veteran Examiners
So-called "production" (giving monopolies) pressure is "compromising the quality of our products" [sic] according to a new report
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 15, 2024
IRC logs for Sunday, December 15, 2024
Links 15/12/2024: Social Control Media Disarray and Software Patent Eligibility Attempted by Litigation Maximalists
Links for the day
Links 15/12/2024: "Internet Era Might Be History's Least-Documented Period", Microsoft’s Telecom Biz Practically Dead
Links for the day
Links 15/12/2024: SQLite Bootstrap, More Terminals, Helix Themes
Links for the day
Two Laptops Up and Running (No Reboots) Since 2023
my main laptops, "vonick" and "bubi", haven't been rebooted since 2023
Links 14/12/2024: Yoon Impeached, "Intel's Death", and "Hey Hi" Hype Causes Warming and Pollution
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 14, 2024
IRC logs for Saturday, December 14, 2024