Bonum Certa Men Certa

The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

The Office still controls and sometimes punishes judges

A shocked Battistelli



Summary: The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured

THE management of the EPO has, in our humble assessment, destroyed the EPO. It's broken beyond repair. It may never recover. Even leadership has been compromised as it's now succession-based, with Battistelli choosing his successor. Not to mention all the toxic people he brought in after he had seized power. It's grotesque, yet that's where we are today. To be most frank, I do not think EPO will ever recover, not even with reporting that exposes the corruption. It’ll like abuse is just far too deeply embedded in the Organisation now, not just the Office. Oversight has been obliterated. Assumptions of goodwill (e.g. given huge budget with endless power and minimal oversight) might seem OK in theory. When you put a thug in charge, as happened about a decade ago, it will inevitably go bonkers. Even the media, which is supposed to cover such abuses, is being bribed by the Organisation. It's not a very obvious bribe, but it still is a 'soft' bribe (we covered that subject a decade ago) and it has more or less the same effects. Academia too has been compromised. EPO budget, instead of improving the integrity of the EPO, has helped the EPO poison everything. Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being 'bought', and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses.



What gives?

"Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being 'bought', and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses."Where are so-called 'news' sites about patents? Do they not care? Not even European sites? The systems they rely on (for coverage) are rotting away. Look at IAM! Benoît Battistelli is joined by the hip to it. This patent trolls' lobby, IAM, has given a keynote talk to him (Palace Hotel in San Francisco) -- one in which he will promote software patents. Joff Wild wrote about this yesterday. Another keynote will be delivered by Andrei Iancu (Director of USPTO) as he will be there too. The EPO is nowadays promoting software patents even in the US, as we noted two days ago. The EPO did this again yesterday. Such software patents advocacy from the EPO (in Seattle) should make one question the EPO's motivations. Is anyone at all keeping an eye on the EPO's behaviour? It definitely doesn't seem so.

Yesterday, Graham McGlashan from Marks & Clerk wrote: "The European Patent Office (EPO) will potentially allow a patent if the claimed subject matter is novel and inventive and provides a technical contribution in a technical field – even if the invention is computer-implemented."

This should not be happening. But who can hold them accountable? The Boards of Appeal have been marginalised and judges are afraid.

"The Boards of Appeal have been marginalised and judges are afraid.""Maybe instead of raiding booths over patent allegations," I told IAM, "they should raid events like IAM IPBC to arrest corrupt officials."

The Boards of Appeal have already complained about the management. Just recall what they wrote about Battistelli. Recall what we wrote yesterday about the imminent scandal in France. A lot of EPO insiders have been speaking about this for quite some time.

The Boards of Appeal were mentioned again yesterday by the EPO. There was a white-washing tweet about it, just one of many that they post every day this month. "The Boards of Appeal are no longer independent," I told them. "Corrupt management at the EPO rendered them incapable of operating."

The EPO tweeted this shortly after it had published this new page [promoted via Twitter] in which it said: (warning: epo.org link)

The first Annual report of the Boards of Appeal of the European Patent Office since the introduction of a comprehensive set of reforms has been published.

In June 2016, the Administrative Council of the European Patent Organisation has adopted a set of reforms to strengthen efficiency and the perception of independence of the Boards of Appeal.


This has since then been covered by only two sites, IPPro Patents and World Intellectual Property Review (WIPR).

From IPPro Patents:

More manpower is needed at the European Patent Office to ensure the “proper functioning of the appeal system under the European Patent Convention”, according to a report from the office.

The report, which looks at the EPO’s Boards of Appeal and provides detailed statistics on its proceedings, said that more manpower was “essential to the patent litigation system in Europe”.

In terms of conduct, the Boards of Appeal increased their performance in 2017, while maintaining high quality, according to the report.

[...]

The source added: “For the moment, this is nothing else but another official statement delivered under the mandate of EPO president Benoît Battistelli, whose actions at the address of Directorate General 3 can be globally assessed as a very negative one.”

“We hope that new president-elect, António Campinos, will grasp the real nature of the situation inherited from Battistelli and that he will take the right decisions for the benefit of the EPO and all its stakeholders.”

“Words are fine, but at the EPO, staff prefer to judge based on facts.”


Understaffing and bullying (collectively punishing them) meant lower quality of patents and no oversight. No patent justice left?

Here is what WIPR wrote:

Significantly more manpower will be necessary in the coming years to ensure the proper functioning of the European Patent Office’s (EPO) appeal system, a report has said.

In an annual report, released today, the EPO’s Boards of Appeal said that although the boards managed to improve their performance and maintain quality last year, additional resources in the workforce and facilities will be necessary to ensure the proper functioning of the appeal system in the future.

The report added that, in light of the steady increase in the number of appeals filed, improving working methods and efficiency by a target of 32% will not be enough to deal with the stock of almost 9,000 cases “in a timely manner and at the same time secure the high quality that users rightfully expect from a judicial authority whose decisions are final”.


SUEPO has not yet taken note of these articles, perhaps realising that these aren't particularly good (in our humble opinion) because they soft-peddle on the scandals.

"There are many reasons to believe Campinos will just be a 'faceplate' change, not constituting any substantial change in policy."Do not expect António Campinos to change things for the better. It's all talk and pretense (the Battistelli way).

There are many reasons to believe Campinos will just be a 'faceplate' change, not constituting any substantial change in policy. We'll say a lot more about it in July. Staff should not be misled by this stunt or build up hopes of a turnaround; it just won't happen and according to the new JUVE survey, only 1 in 7 respondents (to a survey) thought Campinos was a positive thing.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024