Bonum Certa Men Certa

The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

Who needs parties like UKIP and National Front (France) when people like Battistelli do so much more to discredit the Union?

Juncker
By Factio popularis Europaea, CC BY 2.0



Summary: The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one

SO FAR in 2017 the EPO has attempted to keep a relatively low profile. The main PR attempt was this nonsense about Cambodia -- a country with zero European patents. The Singapore-based (read: patent trolls' new heaven) Mirandah Asia repeats the PR, essentially regurgitating EPO talking points. Gladys Mirandah and Ang Chuan Heng try to make it appear like some sort of EPO 'victory', perhaps not quite grasping how pathetic it looks. Even EPO insiders have begun making fun of it, for it immortalises what has become of the EPO under Battistelli. Today's EPO is widely regarded as a laughing stock, so dysfunctional and abusive in fact that it has become a textbook example of international bodies gone rogue. Union officials have already been informed, but there is not much that they can do as they lack authority over the EPO, which also enjoys immunity.



"Today's EPO is widely regarded as a laughing stock, so dysfunctional and abusive in fact that it has become a textbook example of international bodies gone rogue."The other day SUEPO took note of the good reporting by McCarthy from The Register. He wrote about some of the latest debacles:

The president of the European Patent Office, Benoit Battistelli, is ignoring yet another formal rebuke of his policies by disregarding two decisions by the International Labour Organization.

In letters going back and forth between EPO management and the organization's main staff union, SUEPO, representatives are refusing to take part in a "voluntary" drawing of lots to decide on new members for the EPO's appeals committee.

[...]

In response, the regional Bavarian government – which oversees Munich, where the EPO is headquartered – is due to consider a lengthy sanction of Battistelli that argues he had been behind a "whole range of major intrusions into essential fundamental rights of the employee" and calls on the state government to "take action accordingly."

It is unclear what action the German government can take against Battistelli. Even though several governments have formally broken with protocol to publicly condemn the EPO president and his actions, due to the unusual make-up of the EPO, only the full Administrative Council of over 30 European countries can actually fire him before his term is up.


"All I can say is that he must have some real dirt on someone, somewhere to have kept his job this long," one person wrote.

Another person said: "The host country may not be able to do anything directly, but as with anyone under diplomatic immunity they could say that he is no longer welcome, and ask him to leave. But unlikely to happen."

The Administrative Council's complicity was brought up as follows: "Here's the list of members of the administrative council. Perhaps they need to explain why they're not doing their job ?"

Some people believe that Battistelli controls people by blackmail, but the explanation might actually be simpler.

One person said: "It's not surprising and not uncommon, someone running 'something' and elected or not, thinking himself more important than the importance of what they are running, like the security guard at the gate who acts like he owns the place, typical/despicable human nature."

That perfectly describes what happened at the EPO, which the following comment describes as a "European organization" even though non-European nations are part of it:

It's not the first time that some European organization has got into this sort of mess, with a power-hungry type who's hard to be sacked creating a little empire. The need for every government to agree to sack him seems typical of these groups, no-one trusts the others to do the right thing so they insist on full agreement of all 30-odd people before any major decision gets taken. Inevitable result: no major decisions ever get taken (well, except for salary increases & expenses payments, of course). Meanwhile, of course, we (the taxpayers) continue to finance this fiasco.

Come the revolution that wall is going to be very crowded...


It's common to see the EPO exploited by anti-EU elements, so then came an old reminder to readers (happens in almost every comments thread):

Just to clarify - it's not actually a European organisation. Its an international organisation based in Munich, the Hague and (a little bit) Berlin. It is not funded by the EU at all, but instead by fees levied for patent searches and examination.

And you, the tax payer, should educate yourself a little more about what you actually vote to reject.


But the above wasn't intended to be EU bashing, as the reply made apparent:

I very carefully didn't mention the EU at all, because I am well aware that it isn't an EU organisation. It is, however, a European one (the clue is in the name: European Patent Organisation) and while it may be funded by the patent applications, the Administrative Council that oversees it, and about which I was commenting, is made up of "representatives of the contracting states" who are most assuredly financed by their respective taxpayers.


And it's not about Brexit at all, as the latter part states:

And you, the Anonymous Coward, should perhaps remove the Brexit chip from your shoulder long enough to actually read the post you reply to.


Paradoxically, Brexit was very damaging to the EPO's UPC ambitions and the EPO's own behaviour contributed to the perception -- at least in the UK -- that the EU was out of order. In a sense, bad EPO behaviour led to the demise of the very initiative it was trying to bring across the Channel.

A View From Australia



Speaking of the EU, Madeleine Kelly (FB Rice), an Australian hoping that the "European Union" [sic] (EPO is not an EU thing) clarifies patent scope, wrote: "Common sense has prevailed, much to the relief of patentees and practitioners alike, and this new and much more liberal test for partial priority should mean the end for poisonous priority and poisonous divisionals, at least in Europe. Whether or not the Australian courts will follow suit remains to be seen."

The above is a contribution from the Boards, not Battistelli's Office. Patent scope in Europe has gone all wrong and even software patents are habitually being granted now.

Australian software patents were covered here before. They are still the subject of active debate and the Productivity Commission advises strongly against them. Australian patent attorney Bradley Postma was a featured item a few days ago and another Australian patent attorney, Mark Summerfield, bemoans the difficulty patenting business methods these days (he last wrote about it some days ago, having ranted about it for a while). It looks like sooner or later even IP Australia will look better than the EPO, which now overcharges for low-quality work.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock