Bonum Certa Men Certa

EPO is a Laughing Stock in International Media This Week (Quality of Patents) After Decades-Long Reputation Building

How thoroughly devalued are EPs (older ones too) in the Battistelli era of incredible lies, foul play, corrupted media, unprecedented tyranny and deadly mischief?



Summary: The reputation of European Patents (EPs) is quickly going down the drain, as Battistelli defies the law and the very fundamental principles of patenting

THE EPO, both the Office and the Organisation, may be compromised beyond repair. As we explained yesterday, the Battistelli coup has strong-armed the Council through Kongstad, his protector if not mole (or chinchilla). It's now an unsupervised and unaccountable body, disconnected from the rule of law of any nation (while willfully disregarding also international safeguards like ILO).



One comment said yesterday that Battistelli may attempt to stay forever at the throne, extracting more money from the Organisation (or what's left of it by then). "Trust Battistelli," the comment said, "to use all tricks (do not forget he seats on a yearly budget of 2 billions Euros with zero decent financial control...) to have the selection of a successor postponed until the end of times since he has NOTHING waiting for him in France where he is persona non grata

"He violated the EPC as he see pleased and the Admin Council delegations let him do this so those who expect him to go on 30th June 2018 dream with open eyes."

"To paraphrase the immortal words of playwright Sebastian Barry," continues another comment, "He will live forever ... like a f***ing vampire!"

Battistelli is already embarrassing Europe and fracturing the EU (see comments at The Register for instance). Europe as a whole is being ridiculed over behaviour of EPO management, or European politicians' reluctance to intervene. At the same time, articles such as these [1, 2] continue to be published, making Europe seem like the laughing stock of patent offices (more like 'SIPO Europe'). The BoA will look into it sooner or later (it seems inevitable), but it no longer enjoys any form of independence from the "vampire" (to use the above from Sebastian Barry).

There are several more press releases and financial news about firms associated with CRISPR; it's truly nauseating. What has the EPO sunk to? A lot of people don't know what CRISPR is about (the acronyms are a lot more confusing than helpful), but it's clearly what the Office must object to, for legal reasons as well as economic/practical reasons. Does the EPC turn into toilet paper in Battistelli's private deluxe shower room? Does the EPC matter at all anymore, now that the Office openly advocates software patents in Europe, as demonstrated twice in the past week alone [1, 2]?

Another thread, this one about BoA, speaks about the EPC as follows:

Essentially the question boils down to whether the EPC, in particular Article 72 thereof should be applied to assignments of the right to (refer to the) priority. Here we have currently two standards to consider.

1) The standard of T62/05, the restrictive standard requiring bilaterally executed assignments to demonstrate legal succession, applying Article 72 EPC by analogy to transfers of (national) prior rights, i.e. the problematic one.

2) A more reasonable standard set by decisions T160/13, T517/14 and T205/14. Both T517/14 and T205/14 determine the relevant law that governs the requirements for a valid transfer of the right of priority (to be the relevant national law; Reasons point 2.7 of T517/14, point 3.6 of T205/14) and explicitly dismiss the approach of T62/05 to apply the formal requirements set through Article 72 EPC.

The recent edition of the Case Law of the Boards of Appeal of the EPO (8th Ed. July 2016) also rather promotes the more reasonable approach of the later decisions to consider a transfer valid if it was in line with the national law of the parties concerned.

For EP filings, I recommend to have the inventors and the (later) assignee as joint applicants on the second filing (EP) and to record a change to the assignee as only applicant later on. If all parties are comfortable with this course of action, it saves a lot of possible trouble (identity of the parties, change of assignee's name, completeness of signatures on the assignment documents, etc.).


Forget about the EPC. Battistelli doesn't give a damn about the EPC and there's nobody to enforce the EPC anymore.

We don't think that the EPC matters any longer. Not as long as the "vampire" stays. He's so eager to make the UPC a reality that everything including human rights, the rule of law and so on goes down the toilet of the 10th floor. Has Battistelli gotten/secured himself a private lift and a limousine yet? If not, why not? If a bicycle tale is enough to 'sell' millions of Euros in bills for personal bodyguards, another elevator is just slush funds. Maybe some tale about someone farting in the elevator would do. What a laughing stock the EPO has become. I used to actually be proud of the EPO.

Recent Techrights' Posts

[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock