"Low quality of patents leads to a lot of spurious, frivolous litigation."Actually, this is not true. It wouldn't be the first time the EPO fudges numbers, as we demonstrated repeatedly last year (other people too had spoken about it, including insiders who generally know the raw figures).
Earlier today the EPO wrote: "#Transport registered the 2nd strongest growth in 2016 in terms of patent applications. http://buzz.mw/b1wo0_l cc @Bulc_EU pic.twitter.com/NgaBB1aDE7"
"It wouldn't be the first time the EPO fudges numbers, as we demonstrated repeatedly last year (other people too had spoken about it, including insiders who generally know the raw figures)."Maybe instead of "growth" they could say weakness -- a weakness or weakening of rigorous examination. Earlier today we also discovered that EPO puff pieces had reached as far as English language Chinese media, e.g. [1, 2]. There are press releases from big companies, including tobacco companies like Philip Morris (we are not kidding!). Siemens just seems to think that it's a popularity contest.
Benjamin Henrion told the EPO "thanks for your software patents, they account for a big part."
This is true based on what insiders have told us. The EPO still flagrantly violates terms of the EPC and grants software patents in willful defiance of well-understood directives. And what for? Artificial gains?
"The EPO still flagrantly violates terms of the EPC and grants software patents in willful defiance of well-understood directives."The EPO is either paying Watchtroll, a loud proponent of software patents, for press releases, or maybe Watchtroll just voluntary reposts press releases of the EPO for personal gain. We are not quite so sure yet, but either way, we are stunned at the lack of actual investigative journalism, taking into account input from professionals such as the above Associate Professor. Is every writer out there so lazy and so eager to just copy and paste EPO statements rather than examine the underlying evidence?
Today, being International Women's Day, the EPO rode the wave (as it did on cancer, in spite of its terrible record on it). In spite of the EPO having a notorious lack of diversity, including the fact that the proportion of female workers at EPO is far lower than the average, it wrote this: "Happy International Women's Day! Have a look at these brilliant women inventors & their life-changing work http://buzz.mw/b1wr7_l #IWD2017 pic.twitter.com/6UGDFcSOnU"
"The danger to Battistelli is, if appeals are affordable (access to justice), then the erosion of patent quality would quickly become measurable, abundantly evident, and simply undeniable."Pure marketing and a two-faced attitude. At the same time (also today) the EPO had the audacity to pretend that it cares about appeals, even though it does everything it can to discourage appeals (understaffing, higher costs, shortening of appeal window, distance from airport/Office etc.). The EPO wrote: "What is the best approach to take when objecting to a pending application or granted patent?"
"There is no approach anymore," I told them, as "Battistelli is killing the appeal boards..."
The danger to Battistelli is, if appeals are affordable (access to justice), then the erosion of patent quality would quickly become measurable, abundantly evident, and simply undeniable. Battistelli just wants a bunch of obedient assembly line workers, just like in INPI. He wants filers, not examiners, or so it would seem based on leaks...
People at IP Kat have begun discussing how to get rid of Battistelli. The basis upon which Battistelli can be fired in 7 days or less, this person believes, is the EPO Service Regulations:
How about Article 53 of the EPO Service Regulations ?
Article 53 Dismissal for other reasons (1) The appointing authority may decide to terminate the service of a permanent employee if: ... (c) in the case of an employee appointed by the Administrative Council in accordance with Article 11, paragraphs 1 and 2, of the Convention, the Administrative Council so decides in the interests of the Organisation.
A bit of a no-brainer really I would have thought.
Read the small print, But read the even smaller print about how they make such a decision.i think a simple majority isn't enough (and you can be sure BB will not fall on his sword from a vote of no confidence.
Replying to "Read the Small Print" immediately above, you refer to sub-Article 1 of Art 11 of the EPC, reminding us that the Administrative Council "may" decide to dispense with the services of any person appointed under Art 11(1) if that would be "in the interests" of the Organisation.
But Art 11(1) is exclusively concerned with the office of President of the EPO.
As you say, by now it is, for an AC that is mindful of its international responsibilities, using everyday undiplomatic parlance, a No Brainer.
You may need to put your reading glasses on.
Article 35(2) EPC states that a three-quarters majority is required for a decision under Article 11(1) EPC - that is a decision to appoint a President. http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar35.html
A decision to dismiss a President is a decision taken by the Administrative Council in exercise of its disciplinary authority under Article 11(4) EPC.
UNDER THE TERMS OF ARTICLE 35 EPC FOR SUCH A DECISION A SIMPLE MAJORITY WILL SUFFICE.
The only open question is: who would dare to put such a motion on the Agenda?
Like a hamster in its wheel said
"Quality is overrated guys see: http://techrights.org/2017/03/07/destroying-the-reputation-of-epo/ "
only + 40% output in one year. I would have expected more
Comments
Anton_P
2017-03-09 08:32:39