Bonum Certa Men Certa

The European Patent Convention (EPC) is Habitually Being Violated by the President of the EPO

Martial Law at the EPO

Turkish EPO



Summary: The European Patent Office and the Organisation are both totally out of control, as the very document that defines their rules has been reduced to toilet paper

THE EPO is in a freefall because it lost grip on its raison d'être. Battistelli is lowing patent quality in order to spur litigation, which is what stakeholders like Philips (and their lawyers) probably want. In the process, Battistelli necessarily makes examiners growingly obsolete and litigation the norm. Can anyone blame examiners for being unhappy? What ever happened to the EPC? It was designed to protect the interests of the whole Organisation, not just the Office, which essentially took over the Organisation. Is EPO reduced to just a litigation factory? Here is a new comment about the decline in patent quality and Battistelli's obvious lies about it:



Patent quality never so high according to Battistelli ?

You bet !

part 1

http://kluwerpatentblog.com/2017/04/02/epo-problem-right-speed-introduction/

part 2

http://kluwerpatentblog.com/2017/04/05/the-epo-and-the-problem-of-the-right-speed-ii-examination-proceedings/

part 3

http://kluwerpatentblog.com/2017/04/06/the-epo-and-the-problem-of-the-right-speed-iii-opposition-proceedings/



Thorsten Bausch (Hoffmann Eitle) has indeed just published the third part of his series, which we first mentioned yesterday. He now speaks of the Boards of Appeal as follows:

Thus, in view of the fact that the Boards of Appeal understand their role as a kind of administrative court and limit their review to checking the correctness of the first instance decision, a view which is supported by Enlarged Board of Appeal and the current Rules of Procedure, I think that the Opposition Divisions should do what they can to present the Boards of Appeal with a reviewable decision on all points in dispute, so that a case can normally be concluded in two instances without a remittal.


In defiance of the EPC, which Battistelli nonchalantly violates at every turn these days, the Office is now turning the whole Organisation into some kind of a nut house, where rules don't exist, only a king-like arbitrator who does whatever he pleases, even when it's clearly against the interests of both the Office and Organisation. Recent examples include this thieving move of Team Battistelli and then the removal of yet more authority from beneath Battistelli, in order to give him more direct control (he already gained more indirect control -- covertly exercised -- over the Boards of Appeal, which are supposed to be independent, as per the EPC).

Here is an interesting new comment on the latest shuttle, which follows Minnoye's departure (emphasis ours):

I don't see that much difference. Instead of VicePresident, Principal Director, and Director, we will have an Operating Officer, a director, and a team manager. Still three levels between non-managing employee and President. Whether the new structure is combinable with the requirements of Art. 15 and Rule 9 EPC is a different question. Also why we need new names for the job descriptions. But renaming job titles is currently "en vogue" everywhere.


The EPO's management certainly seems to have become a bunch of French cronies of Battistelli, e.g. former colleagues and their family members, as the following comment states, based on experience:

Actually, you forgot the PD who will shadow the COO and be his bag carrier in between the COO an d the directors. Rumours - 2 non-EPO COOs and one internal. Want a bet on one being French? Current practice is no 2 senior mgt from the same country - this way you can get round that little problem.


We still haven't received any information about what happened yesterday in the Bavarian Parliament. If anyone has relevant information for us, please get in touch. Outside intervention is the main recourse for reprieve.

Recent Techrights' Posts

Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025