It appears, that the AC desperately felt the need to do something about the independence of DG3.
There are procedures at the german Bundesverfassungsgericht this year (the link is somewhere above). If the judges there see a lack of independence of DG3, it may cause quite some trouble, like an amendment to the EPC (http://www.stjerna.de/index_htm_files/Unitarypatent_Constitution.pdf, check out point 2).
Maybe this is why the AC felt the need to it quick?
It's very difficult these days to follow the reforms at the EPO. So many different developments and proposed changes. Which of them are before the AC for decisions is difficult to understand. I hope at least the AC follows the situation.
RE: Considering that the present cost coverage for an appeal is 6.3%, the AC aims at increasing the cost coverage within the next five years to 20 to 25%.
On the one hand, an appeal fee of about 5000-7000 euros probably strengthens the case before national courts on the absence of independent judicial/quasi-judicial review of EPO grant/revocation decisions.
On the other hand, such a new appeal fee effectively diverts from the EPO patenting route small and middle size businesses/innovation, since they need fully disclose and make public their inventions while a review of EPO decision would have a 5000-7000-euro barrier. And this is just to start an appeal, without attorney costs, etc. And this all just for one patent.
Besides, it seems extremely disproportional to me to charge 5000-7000 euros a patentee who validates 3-4 countries and a patentee who validates 20+ countries. At the same time, also SMEs should be able to patent 38 countries.
Last but not least, an increase of BoA appeal fee seems to be indirect increase of patenting costs, given that now an appeal fee is already being paid, i.e. included in an entire series of EPO fees.
I cannot help but wonder.
I hear that the Council extended the appointments of some members of the Enlarged Board having participated in the latest disciplinary decision. Nice sign. However, the Council should have suspended or dismissed the President, for interference with proper application of justice. That would have solved the independence issue, too.
It would also have bought enough time to finally organize the conference of ministers, overdue since 2012. Reshaping DG3 would definitely have merited such a conference, as would the UPC.
The impression I get is that all the Council is interested in is cash, i.e. as many patents and renewal fees as possible. As long as the President provides this cash, the Council will not stop him. Downside: once the applicants have voted with their feet and the cash flow drops, it will be really difficult to get the applicants back to the EPO. But that is unlikely to happen in the next one or two years, i.e. once the current President has left.
On 19 April 2016 Mr. Battistelli met the Bavarian Minister of Justice, Mr. Winfried Bausback. According to the report on the intranet signed by Mr. Lutz (VP5) “the meeting participants expressed their willingness to enforce the links and exchanges between the Office and the Land of Bavaria.” In this context we refer to Article 20(1) EPO PPI that reads: “The Organisation shall co-operate at all times with the competent authorities of the Contracting States in order to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning public health, labour inspection or other similar national legislation, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.” In our opinion Data Protection forms part of the “similar national legislation”.
Having a greater chance of your patent being accepted sounds like a great thing, except that it isn't.
At all.
You could replace every patent office in the world with a stamping machine - come along, put your patent docs in the machine, get them stamped - Bingo - you have your patent.
Then all that remains is fighting out the validity of that patent in the various courts around the world, with rooms full of lawyers from all of the other companies that self-stamped their patents. The result is zero certainty in the validity of your patent and a fortune spent on lawyers with zero certainty of the outcome.
Patent applications need to be checked very carefully in order to ensure that the applicant can have a very high degree of certainty that their patent is actually valid - with that certainty companies can make decisions regarding investment and further research.
See also https://www.newscientist.com/article/dn2178-boy-takes-swing-at-us-patents/ and somewhat rounded corners.
One point has to be made clear. All EPO activities are paid by the renewal fees. None of them (including search, examination and opposition and not even mentioning the PR events of Battistelli or his bodyguards) cover its costs with the procedural fees. The cost coverage factor of opposition, for instance, is similar (slightly lower) than that of an appeal. Thus, BB's [Battistelli] argument about the need for an increase in appeal fees in order to cover the costs is, as usual, completely disingenuous. If that is not the reason which is the real reason?
I believe the situation is now so bad and dangerous at the EPO that it is time that public, patent attorneys, economists and company bosses assemble and act together. Make a petition, use your professional or private network if you know politicians, journalists, economists, write to ministers or representatives. We need to inform them that the whole European Patent System is at risk. Companies, economy, research will be endangered if the EPO continues on this track. About the other reform voted at last AC, namely "risk of conflict of interest", it is appalling that it appplies to DG3 members. A very clear conflict of interest exists at the moment at the EPO : the President and VP who force excessively high targets on examiners : EPC vs production and objectives. It is the representatives sitting at the AC : EPC vs money for grants, money for dentists, money for cooperation projects.
Reading the decision of the council linked above:
The last word on budget and information stays with Battistelli.
Proposal for appointments and re-appointments are delegated to the president of the boards. However, they are made dependent on the whim of the president of the board, himself dependent from Battistelli for his appointment or reappointment (the Boac has only a rubber-stamping function because the crucial power to propose the chairman of the Enlarged board and give an opinion on his reappointment is not delegated).
The drafting of the Rules of procedure has been moved from the presidium to the boac where Battistelli is again sitting and the users and the members of the boards . are excluded.
Costs of the appeal (ultimately paid by the users in form of sloppy dg1-style treatment of the appeals and/or higher fees) are going to increase because of the move into a new building.
In summary: the council abandoned the idea of an independent judiciary. They gave control over it to Battistelli(at least previously they could decide who was going to serve as VP3), whose contempt for the rule of law is known and told the users to mind their business.
If it is true that the initial reactions to the office proposal were (rightly) negative one wonders what happened behind the closed doors of the council that led 35 delegates to be satisfied with just a couple of purely cosmetic amendments.