Bonum Certa Men Certa

No Promising Future For the EPO Under Battistelli (If Any Future At All)

Summary: Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

THOSE WHO have followed this Web site for the past decade know we're no enemy of the EPO. We actually used to take pride in it, especially after software patents were rejected (2005), assuring the high quality of patents (emphasis on quality, not quantity). We also sent letters and constructive feedback to the Organisation. This is all in the public record.



"Battistelli has already decided -- with the usual complicity of the Administrative Council -- to eject/kick out the appeal boards out of the EPO's main building."We fear that the EPO's days may be numbered. Maybe it's intentional, as we shall explain in this post in light of this morning's announcement from the EPO (as expected).

We will share some of our observations and leave it for readers to decide what on Earth goes on at the EPO. Frankly, it does not look too good and we (even I personally) worry about the fate of the bright minds of EPO examiners (who are scientists like myself), not politicians/managers like Battistelli.

"Remember that EPO judges are already under attack (in a perpetual limbo with a warning sign that's judge P. C.) and early next year they will have moved out, even though the UPC (the unified court -- a threat to their very existence) is definitely not happening (with or without "hard" Brexit)."Battistelli has already decided -- with the usual complicity of the Administrative Council -- to eject/kick out the appeal boards out of the EPO's main building. The temporary/rented office space that was allocated to them is meager and there are no long-term assurances, based on articles from the German media (there were very few of those as the EPO's spokesperson used sordidly evasive language). Remember that EPO judges are already under attack (in a perpetual limbo with a warning sign that's judge P. C.) and early next year they will have moved out, even though the UPC (the unified court -- a threat to their very existence) is definitely not happening (with or without "hard" Brexit).

What does Battistelli envision here? Certainly nothing like the vision of those who actually signed the EPC. Now there's the EU in place (with the EC) and along with that comes EUIPO (a new name or a rebrand for something older). Here they go again, as expected, strutting together hand in hand this morning, boasting a so-called 'study' (link above, but it's epo.org and it's propaganda, so don't bother clicking).

For a moment there, based on tweets like this one, the EPO 'forgot' that it's not really supposed to be part of the EUIPO (trademarks and patents are inherently very different and entirely separable, even if one attempts to lump them together under the propaganda/umbrella term "Intellectual Property", as in the EPO's new headline). Here is what the EPO wrote: "Joint @EPOorg @EU_IPO study confirms the economic benefits of IP rights for Europe http://buzz.mw/b199m_f #IPvalue pic.twitter.com/REJQsJ5NKF"

Here is what EUIPO wrote: "How are #IPR-intensive industries contributing to the #EU economy? Find out in a soon-to-be-released study by #EUIPO and @EPOorg"

"How do existing grantees of EPs feel about the status quo?"For a moment there, again, one can easily be led to believe that those two bodies are conjoined, not just in the staff/management sense (there are overlaps which we covered here before). One might crudely ask, when does Battistelli flush the EPO down the toilet and let the EU-centric EUIPO take over? When all impending applications are over? Layoffs imminent? For a while now we have been hearing about end of proper examination and expectation of large-scale examiner layoffs. Insiders tell us it won't be long before EPO workload/backlog/queue runs dry. What happens then? Two key data points cannot be overlooked here; one is the EPO loosening/ending examination and the other is the massive EPO layoffs that are expected unless there's a dramatic change of course. Yesterday I spoke in length with Mancunian research head (a large local university). We spoke about the EPO and he now compares erosion in patent (EP) quality to rigging of the degree-granting process (undergraduate or postgraduate). How do existing grantees of EPs feel about the status quo? Or about files flying off the shelves and patents getting granted in bulk irrespective of their quality (or only with shallow/superficial checks due to unrealistic deadlines/quotas)? They should be up in arms and demand some kind of refund or compensation from the EPO. They're not even being consulted about this, even though they're the primary stakeholders. Battistelli lowered the perceived value of EPs. He ought to know it. So-called intellectual "assets" of corporations took a massive hit because of him. "Production" he says? Tell that to someone with an actual science degree, not an honorary Ph.D. from a university connected to his buddy from Spain.

"Think of software patents, among other families of patents."A lot of EPO workers rightly feel as though big plans are afoot (other than the UPC, which is a disaster) and nobody has informed them about long-term 'reforms'. Right now they just see their staff representatives and even judges coming under unprecedented (in the entire history of the Office!) attacks.

"Correct me if I am wrong," one person wrote yesterday, "but wasn't the concept of "cheaper patents" (of lower quality) [...] via the UPC?"

Think of software patents, among other families of patents. Here is the entire comment with more complete context:

Correct me if I am wrong but wasn't the concept of "cheaper patents" (of lower quality) part of an integral package including the vital component of "cheaper litigation" (for the big players) via the UPC?

Now that the second part of the formula has apparently been "put on ice" for the foreseeable future it seems that we are going to be left with "cheaper patents" (of lower quality).

But "cheaper" for whom exactly ?

Roll up! Roll up! Get your cheap patents 'ere! One for everybody in the audience !



At the EPO, as another person put it, "to discuss or disclose a procedure is in itself a crime." Here is the full comment:

Don't know if he was/is a union member (DG3 tend not to be), but he was said to have had contact with a staff rep who has since been fired. Whether he did or didn't and whether that was improper or not I don't know - all such allegations are not allowed to be revealed by the parties hence any discussion between them could also have been a disciplinary matter in its own right. Such is the system in place - to discuss or disclose a procedure is in itself a crime.



Regarding the illegally-suspended judge, this one commenter says it should be "enough for him to be re-instated, probably with compensation, however in Eponia... "

It is not actually known what he did as the merits on the case have never been heard. It has been thrown out by the EBoA on at least two occasions due to incompetence and interference by the senior management of the EPO. In any other legal system in the EU this would have been enough for him to be re-instated, probably with compensation, however in Eponia...


"The overpowering stench emanating from the manner in which the Office is being managed and overseen" is noted in the following comment:



When do we expect the decision of the Bundesverfassungsgericht in 2 BvR 2480/10 and 2 BvR 421/13?

Also, could the evident failure of the Office to carry out instructions of the Enlarged Board of Appeal undermine any argument that the Boards are independent of the Office?

The overpowering stench emanating from the manner in which the Office is being managed and overseen could well yet reach the noses of the judges in Karlsruhe.



Another person ponders aloud: "So union representatives were fired for reasons they cannot explain to the staff they represent?"

The full comment:

So union representatives were fired for reasons they cannot explain to the staff they represent? What precludes them to do so, if they are out anyway?

History tells us that the only reason union representatives are attacked by management is that management plans to degrade the staff working conditions considerably: reduce salaries, increase working hours or simply fire everyone and get cheaper staff. Probably present staff members should start looking for another job.

It is not necessarily a bad thing for the customers, by the way. Patents will be cheaper if the staff is replaced by cheaper employees.



Some people then brought up the subject of money, as the EPO reportedly has losses (it's hard to verify this due to the secrecy the Office enjoys). To quote:



What precludes them? A. Any appeal against dismissal would be before the ILO. It is an administrative tribunal I.e. It only checks that the rules were followed. To do something against the rules, no matter how lacking in justice they are, would be a negative point and endanger the appeal. B. To do so would endanger the member of the Board of Appeal as it would provide 'evidence' to be used against him/her. C. The EPO pays the sacked person's pension. That can be reduced by the office so they are still under EPO control. D. The office is also seeking to veto employment after leaving the office employment. Annoying them is a risky idea.

Does that answer your question?

PS Cheaper staff = cheaper patents? Really? Why? Do you think the saving will be passed on? Remember BB has studies that show the office has financial problems. Saving costs may save money but will that not be needed for his problems? I will leave the issue of whether cheaper staff means lower quality means more litigation means more cost - that needs another and deeper analysis.


Judging by his behaviour (e.g. cutting benefits, reducing illness days, short-term contracts to new staff), Battistelli has been acting more like an EPO liquidator (especially of the unions and appeal boards) than a manager. He threw the EPC down the trash and now he throws the EPO down the trash. If EPO workers genuinely want to save the EPO and secure their jobs, then they'll need to overthrow Team Battistelli before it lays them off (which will probably happen given the present trajectory which extinguishes a backlog never to be replenished).

Here is a fiscal optimist (whose claims we're unable to verify):

"We" are making more than 1.000.000 EUR per working day. We are self-financing, not more, not less. Yet, we are making money on a scale that everyone could go on maximum pensions right now, and for the next ten years there will be absolutely no need for reforms. And the last reforms (career) already means a saving of several hundred millions per year in 2035....

Nope, you will not see a single cent of any saved money. You can withdraw and get a full refund on exam fees. That is as far as the AC will go, as that is not their money...



"We are self-financing, not more, not less," says the above. Even if that was true, for how long? Applications are running out! The backlog will will have reached zero in a couple of year. The writings on the wall are pretty clear to some insiders, who believe EPO layoffs are coming. There is even the belief that examiners will be replaced by machines. Whatever goes on at the EPO these days is rather horrific; many things are happening (all of them bad), the future is growingly grim, and anyone who dares speak about it gets fired (or first "disciplined", so as to induce depression if not bankruptcy too).

Will someone ever reprimand battistelli or even fire him? He should have been sacked quite a while back, but nobody seems bold enough to do it, certainly not his pet chinchilla. To close this off with a comment:



What did the guy do to justify all this nonsense?

Lèse-majesté ?

See more on Wikipedia: Lèse-majesté



This link to Wikipedia yields the following image. Picture Battistelli's face on the wall and it will be a perfect metaphor for the way EPO workers feel about Battistelli and how they get treated for their views about the 'king'.

Newton Bull farts

Recent Techrights' Posts

Dictatorship Formalised: Python Software Foundation Violates Its Very Own Code Of Conduct (COC) or Code Of Censorship
Incoming Python Software Foundation Executive Director, Deb Nicholson, allegedly uses COCs to get ahead while violating COCs
It's FOSS? No, It's SPAM.
Another sellout
Another Massive Blow to the Web
This is awful news and it neatly relates to topics that we covered this morning
All the Latest Five Blog Posts at OSI's Blog Are Written by a Microsoft Operative Salaried by Microsoft
"Open Source" no longer means anything
 
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024
Czech Republic: GNU/Linux Jumps Above 4%
data from the Czech Republic for 2024
IBM Engagement Surveys "Are Usually Useful for the Executives So They Know Which Things to Ignore"
This impacts Red Hat as well
Did Microsoft 'Write' (by Chatbots) This 'Article' About WINE?
The Web is drowning in garbage
[Meme] 'Self-Checkout' (and Banking 'Apps'): Passing All Accountability to the Customers
Stealing
Gemini Links 07/12/2024: Leasehold and NNTP
Links for the day
Fun Statistics About Techrights (Almost a Quarter Million Files)
Here are some raw numbers
PIP (Performance Improvement Plan) as an Instrumental But Largely Hidden (From the Public) Extra Layer of IBM's Workforce Reductions
The morale at IBM is really bad
Microsoft Money: From Bribing Bloggers to SLAPPing Bloggers
Microsoft money, different strategy?
Belgium: Windows Falls to Quarter of the Market, Mobile Devices Outsell or Overtake Desktops/Laptops on the Web
Microsoft has no operating system for 'smartphones'
Links 07/12/2024: CALEA Back Doors Backfiring, Fentanylware's (TikTok) U.S. Ban a Step Closer
Links for the day
statCounter: GNU/Linux Rises Sharply to All-Time High in Republic of South Korea
Notice how sharp the rise is!
Legacy of a Dying World Wide Web
Many people truly believe they're "stars" in social control media
Google Does Not Have a Search Engine Anymore
Google wants to "retain" users for more "screen time" and influence over their minds; it does not save you time, it's manipulating you
[Meme] Automattic: Host With Automattic, We'll Handle Our Own Complexity for You
The RHEL modus operandi (more so with systemd)
Finding Peace With Less
There seems to be a growing consensus (speaking to other editors helps confirm this) that the Web is going in a very bad direction
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024
Links 06/12/2024: Meal Changes and Internet Nostalgia
Links for the day
Brittany Day (linuxsecurity.com) Reposing Linux Foundation/Microsoft FUD Using LLMs, Probably Controlled by Microsoft
Plagiarised FUD by LLMs
Three Months
Next week on Tuesday our sister site turns 20.5
Links 06/12/2024: Promotion of Fake and Illegal Patent 'Court' (UPC), South Korean Strikes, and More Bailouts at Taxpayers' Expense
Links for the day
Links 06/12/2024: Alarm Raised in EU Over Meddling and Destabilisation by TikTok, Strong Criticism of 'Open'AI
Links for the day
In France, Android Skyrockets to 52%, Windows Falls to 26%
even in rich countries across Europe Windows is rapidly losing "market share"
When News Sites Become Shopping Catalogues Disguised as 'Reviews' or 'Articles'
Sometimes Fagioli uses HEY HI (AI, LLMs actually) to make 'articles' about HEY HI
[Meme] Hit and Run with SLAPP
Microsoft staff versus Techrights
[Meme] When You Go Against Corporate Front Groups and Shills of Moneyed Interests (EDRi is Microsoft-Compromised Now)
The "golden rule" is, follow the gold
The Register Exposed Many IBM Scandals, Lawsuits, and Secret Layoffs. Now IBM Pays The Register.
Hush money?
IBM Told the Media the Secret Mass Layoffs Would Carry on Till End of November, But They Still Happen This Month
"My team of 9 people had 4 regulars and 5 contractors. All contractors gone."
All the Red Flags in New Linux Foundation Report
How telling...
Gemini Links 06/12/2024: Shrinkflation and Working at Google
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 05, 2024
IRC logs for Thursday, December 05, 2024