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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day