Bonum Certa Men Certa

If Battistelli Stayed and UPC Became a Reality, Patent Quality at the EPO Would Get a Lot Worse

Never mind a surge in litigation, often by entities outside Europe

Neoliberalism
For the uninitiated, this is what Battistelli does at the EPO



Summary: The vision that Team Battistelli has for the EPO is an ENA-inspired neoliberal and corporatist vision that would bring the legitimacy of the system down to zero and the European economy to the brink of collapse

THE DAYS OF THE EPO as a world leader are over. Battistelli demolished the Office and he can only rely on his mouthpieces to claim otherwise. He further misleads the public by presenting some numbers from inside the EPO (making claims about itself) -- dubious numbers as one might expect [1, 2, 3] -- and we're supposed to think that everything is fine. It's not. Everything is not fine and Battistelli may be fired next month, judging by his lack of progress on demands from his overseers.



"asically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US."Nevertheless, pro-software patents sites would have us believe that the EPO, with its growing affinity for software patents, is a model of success -- all this while pro-software patents courts in the US latch onto EPO for the purpose of legitimaising software patents. "Constantly changing patent laws are taking a toll on American innovation," one shallow new pieces says, essentially bemoaning decisions like Alice (ended a lot of software patents in the US). Basically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US. Nearly doubling the number of granted patents at the USPTO in a decade? Not enough! They want more! They make money out of it.

“Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses...”
      --Anonymous
As longtime readers may know, our original concern about the EPO was patent scope, primarily the expansion to the domain of software patents. According to this new press release, TEVA's patent monopoly is about to be invalidated by the EPO, but it's not a software patent. To quote the announcement: "Jefferies analyst, Brian Abrahams, noted that EPO has released its prelim opinion that TEVA's broad patent claims are not supported by the priority application (are not novel) and TEVA's claims lack inventive step, a positive for Alder Biopharm (NASDAQ: ALDR)."

The sad thing is, if the UPC ever became a reality, the Boards of Appeal would possibly be made obsolete or redundant, making it even harder (or too expensive if not impractical) to challenge bogus patents -- those granted in error. As one comment recently put it:

I understand very well how the examiner's deal with unity - if the claim amendments mean they will have to do some more work, they will argue lack of unity. The applicant will either follow the examiner's line through lack of will to fight or will take it to appeal, whereupon the BoA will roundly criticize the examiner and allow the appeal.


A response said:

I think you mix up lack of unity and the introduction of unsearched subject matter. Having to search elsewhere may not be lacking unity but will refer to the second case.


Battistelli already crushes the independence of the boards (see what was done to that judge), so what future would there be to appeals and external challenges to EPO patents? The EPO is so arrogant and drunk on power. It even insults its stakeholders now.

Having noticed something that we too noticed beforehand, one commenter goes out of his/her way to say:

Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses:

"Patent attorneys do not always understand how the EPO deals with non-unity. Discuss here: http://buzz.mw/b15ku_f #searchmatters"

https://twitter.com/EPOorg/status/730712544655097856

So is the idea that we qualified but nevertheless ignorant-of-the-law EPAs should rush to sign up and better ourselves?

I am sure that these courses are useful as continuing professional development, but this tweet certainly isn't a professional way to encourage attendance.


See what the EPO has become? It's totally out of control and one way to stop this is to stop the UPC and get rid of its #1 fan (who now visits nations that consider exiting the EU in order to push the UPC). That's Mr. Battistelli, who has promoted it for more than half a decade in spite of public disapproval (for nearly a whole decade now).

Recent Techrights' Posts

Jim Zemlin, Whose Wife is Said to Have Committed Securities Fraud at Bakkt, Weds Gates Foundation With Linux Foundation to Combat Fraud?
Remember who these people are enabling
From 91% to 33% or Less: How Microsoft Has Lost Australia
Historically Australia was quite a stronghold for Microsoft
Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
 
Links 05/03/2024: More Gaming Layoffs, Apple Trouble in EU
Links for the day
Gemini Links 05/03/2024: Financial Breakdown and Freedom of Protocols Initiative
Links for the day
Navalny is Dead, This Week We Might Know if the US Will Kill Assange
Olaf Scholz backs Julian Assange’s battle to avoid US extradition
What Quality and Equality Mean
racial lines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 04, 2024
IRC logs for Monday, March 04, 2024
[Meme] Record EPO 'Productivity'
Patent applications granted
Job Groups 5 and 6 at the European Patent Office (EPO) Another Case of EPO Discrimination
an under-reported (or entirely not covered) backlash from last summer
[Meme] Microsoft Fan: "Microsoft is in a panic from the continued loss of its user base"
Published a couple of weeks ago
Android Has Reached New Highs in Mexico, According to Web-Derived Data (Android Now Almost a Majority of the "Market")
Not far from 50%, i.e. half of the "market"
In defence of Albanian women: Outreachy & Debian favoritism scandal
Reprinted with permission from Daniel Pocock
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock