Bonum Certa Men Certa

The UPC Lobby Wants to Crush the Boards of Appeal (BoA) While EPO Changes Rules of Procedure of the BoA

Related: Crazed Battistelli is Trying Plan B to Demolish the Boards of Appeal (Quality Control), Praesidium/Association of Members Strikes Back

Battistellius



Summary: The Unified Patent Court (UPC) push has slowed down if not ground to a halt, but attacks on the Boards of Appeal (BoA), which UPC lobbyists are hoping to replace, appear to carry on under the guise of "consultation" (a concept that Battistelli never seems to have grasped)

THE UPC lobby has been relatively quiet, knowing that Germany put the whole thing on the ice if not in the bin. It may take several years for Team UPC to even know the outcome.



A US-based front group, Center for the Protection of Intellectual Property (CPIP) (not to be mistaken for Center for Intellectual Property Understanding (CIPU)), was mentioned here a couple of years back (amongst other times). It's USPTO-centric and it's now pushing for the UPC, so it's simpler to know it's not a good thing for Europe. It said: "This new paper from our Patent Valuation Symposium by Roya Ghafele et al. is already having an impact in Europe: Using Patent Valuation Methods to Assess Damages in Patent Infringement Cases Under the Unified Patent Court..."

We attempted to find out who sponsored the work, knowing that the EPO already corrupts academia for so-called 'studies' which are really UPC advocacy. The EPO corrupted academia both in the US and in the UK for this. The author, Ghafele, is based in Oxford and works for a private consultancy. From the abstract:

We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.


The author has history with the EPO. From his LinkedIn account:

A changing climate: the IP landscape of clean energy technologies

Oxford Journal of Intellectual Property Law and Practice

2012

This article is a review of a report titled 'Patents and Clean Energy Technologies: Bridging the Gap between Evidence and Policy', published in 2010 by the European Patent Office and the International Centre for Trade and Sustainable Development.


Maybe the apple does not fall far from the tree after all...

Either way, UPC lobbying can be seen elsewhere. "Both the UPC’s Court of Appeal and Registry will be in Luxembourg," Bristows' Brian Cordery wrote a couple of days ago. No, there's no "will" (at best "would") because there's no UPC, but Team UPC does not care about facts and truths. A "unitary" patent system would mean more lawsuits, hence more money for such litigators. They just keep pushing fake predictions to mislead clients and politicians, hoping that they would ratify things hastily, in a great rush, even recklessly.

"They just try to give the public or the "users" the mere impression that they get to decide."What about the EPO itself? Well, yesterday (for the second time in a week) it said: "Our online consultation on the proposed revised Rules of Procedure of the Boards of Appeal will close on 30 April. To take part go to http://bit.ly/2nDHz6V" (that's the direct link, but be aware that it's an epo.org link).

"What makes Battistelli so dangerous is that he very routinely breaks the law and always gets away with it."They just try to give the public or the "users" the mere impression that they get to decide. On Boards of Appeal, however -- like anything else at the EPO -- management doesn't care what anyone but Battistelli thinks. If Battistelli ever saw the UPC (he would never see it, not from within the EPO anyway), there would be no Boards of Appeal left at all. He tries to make them completely obsolete while maintaining not an impression of independence but an perception that he gives a damn about the EPC. What makes Battistelli so dangerous is that he very routinely breaks the law and always gets away with it.

Recent Techrights' Posts

SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
 
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day