Bonum Certa Men Certa

Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

A brown envelope



Summary: The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things

THE EUROPEAN Patent Office, EPO, is in a very bad state because many talented examiners are no longer there and the Office struggles to recruit talent. Money can buy some reputation, but it cannot bury a legacy of pure evil from Battistelli. Applicants (for patents and jobs) understand, more or less at least, what's going on.



There's only half a month for the crook to still 'lead' (i.e. destroy) the Office before his 'child' António Campinos takes over. Insiders say that Campinos intends to change pretty much nothing. Team Battistelli will remain in tact, protected by Herrnst (Ernst) and the rest of the Administrative Council.

Thankfully, some stakeholders have -- dare we say! -- "unionised" against the Office and have put forth a letter. António Campinos too has received the relatively strongly-worded letter, warning about the damage Battistelli caused (without specifically mentioning Battistelli). A copy of the letter was also sent to Battistelli and Herrnst (Ernst), his 'boss' who did pretty much nothing over the past year, at times even openly denying the decline in patent quality. Remember that EPO staff (about a thousand of them) already admitted a massive decline in patent quality -- a monumental effort to speak about it without risk of retribution.

Leading German patent law firms grew tired of the abusive and corrupt administration; we appreciate that, but why did they wait until a fortnight before Battistelli leaves? Is Campinos the main target audience of this letter? He's indebted to Battistelli who gave him the job (or cemented the candidacy), so we very much doubt it'll have an effect on him. "Each year our law firms file more than 9500 patent applications with the EPO," said the authors of the letter. Will they consider reducing that as deterrence against the EPO's bad policies? They make some solid points; for example, the fifth point: "If the users of the European system gain the impression that granted EP patents cannot be relied upon anymore due to insufficient search and examination, the users may increasingly be discouraged from filing European patents. This might unhinge the entire patent system."

They also say "in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding."

Don't worry, Battistelli pockets the spare cash.

Here's Kluwer Patent Blog's introduction to the letter, which it posted this morning:

Four leading patent law firms in Germany – Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner – have published an open letter expressing ‘great concern’ about the developments at the European Patent Office, particularly ‘the modifications to the incentive systems for the examination of patent applications’.

The ‘overreaching desire for high productivity’ has led to a series of problems, according to the letter, which is directed to outgoing EPO president Benoit Battistelli, the chairman of the Administrative Council Christoph Ernst, principal director user support & quality management Niclas Morey and future EPO president Antonio Campinos (who will start in office on 1 July 2018).

Among others, the firms write that when ‘the aim is to terminate proceedings as quickly as possible (…), the quality of the search and examination of applications must suffer’. The rather high fees, moreover, ‘can only be justified by giving the examiners sufficient time for an indepth assessment of each single application’. Patents with an erroneous scope of protection distort and hinder economic competition and might unhinge the patent system, they write.

More broadly, the law firms question the enormous financial reserves of the European Patent Office, amounting to 2.300.000.000 euros, 650 million euros to fund the pension scheme not included: ‘in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding. From our perspective, the high surplus is rather an indication that the fees are too high and that a further, problematic increase of productivity is not appropriate.’

The full text of the letter is published below.


SUEPO has already taken note of this letter and the first comment says: "I can only applaud the companies involved in writing this letter. I could not agree more with the concerns that it expresses. I can only hope that the incoming president realises that the concerns expressed cannot be easily dismissed… not least because the unprecedented nature of the letter indicates that the authors must be very concerned indeed."

SUEPO then gets mentioned by "Save the EPO from destruction," whose message says:

MANY THANKS for this brilliant initiative.

By the way the content of the letter could be taken up by SUEPO as-is!

Indeed SUEPO (which represents half of EPO staff) denounced since years (so far to no avail) the dangers of Battistelli’s policies (for both the quality of the patents delivered as well as on health of staff)…

and the Administrative Council remain passive.

It is 5 to 12.

In a few weeks, Mr Campinos will arrive in an exhausted office which cannot continue on this path much longer before collapsing.

Let’s hope that Mr Campinos will understand the poisonous legacy he inherits from his predecessor and in particular, that he has to be very cautious with the teams in place who are directly responsible for this debacle (in particular in HR, and DG1) since something must be done asap to restore both the social atmosphere, the reputation of the EPO AND the quality of the work performed.


Where were these law firms 4 years ago when SUEPO sounded the alarm? Or when the EPO banned (blocked) our site, in effect attempting to muzzle its own whistleblowers? This corrupt EPO management has killed the goose for a few remaining golden eggs; work is (pretty soon) running out, which means that the Office is imploding (with layoffs still expected). We have thus far found only one article about it. IPPro Patents wrote:

Four German law firms have penned an open letter to the European Patent Office (EPO), expressing “great concern” over recent developments at the EPO, specifically the ever-increasing work targets at the office.

The law firms Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner wrote that “the incentive systems and internal directives appear to be increasingly directed towards rewarding or even requesting rapid ‘termination’ of proceedings and a correspondingly higher productivity”.

The letter said that this has resulted in penalisation of detailed and thorough assessment of cases.

It said that while the law firms do appreciate the increased speed, such “overreaching desire” for high productivity has led to a range of problems, including issues of quality, scope of protection and inadequately assessed patents.


Now is the time to carefully check which so-called 'IP' site covers the matter (letter) and which ones deliberately ignore it like IP Kat (controlled by Team UPC elements and patent maximalists nowadays).

Recent Techrights' Posts

The Post Offices Have Turned Into Trash. They Swallow Packages and Only Spit Them Out If You Get Lucky.
Nom nom nom
Four Years of Videos (Self-Hosted, Not Social Control Multimedia)
Seeing how the "hey hi" (AI) hype spreads to GulagTube and ruins GulagTube, we're glad we need not worry about Google (Gulag) policing our "content" via supposedly 'free' (not really) platforms, such as GulagTube, the social control (multi)media "market leader"
We Already Know What Makes Techrights So Attractive to Online Abuse and Cybercrimes
Techrights helps explain how to dismantle the 'cancel culture' against Free software (it also names the key perpetrators)
Microsoft Controlling Apache by Proxy/ies
This is a broader attack on what "Open Source" actually means
In Case Undersea Cables Are Cut...
The issue has been somewhat of a taboo - mostly overlooked or entirely ignored at times of peace
 
Gemini Links 01/12/2024: Recycling and Interest in Computers
Links for the day
Links 01/12/2024: 23andMe's DNA Bubble Imploded, Web Server Survey Shows Microsoft Nosediving
Links for the day
Vulture funds war-gaming Ireland loss of corporation tax revenue, Donald Trump
Reprinted with permission from Daniel Pocock
Gerry Hutch & Debian: suicide by Monk?
Reprinted with permission from Daniel Pocock
Gerry 'The Monk' Hutch: criminals vs geeks, multinationals vs Ireland
Reprinted with permission from Daniel Pocock
"Microsoft suffered the next largest loss, down by 634,406 sites (-3.24%)"
Microsoft is now in only 2 of the 5 tables; over time Microsoft slips out of visibility in more categories
[Meme] Hiding From Bullies Not the Solution
‘The only thing necessary for the triumph [of evil] is for good men to do nothing.’
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 30, 2024
IRC logs for Saturday, November 30, 2024
If You Support Free - is in Freedom/Libre - Software, Then Support the Free Software Foundation (FSF)
2024 was the most productive year so far
CNN's Front Page is About 250 Times Heavier Than Techrights' (Also Far Slower)
Those who value performance and users' experience will give bloat the boot
[Meme] What 'Social Justice Warrior' Has Come to Mean by 2024
People who have long called themselves "SJW" aren't exactly any of those things
Two Years Later Sirius Open Source is Basically Dead (With a Zombie Web Site)
1 day from now it's exactly 2 years since Rianne and I resigned
[Meme] The Internet is More Fragile Than They Are Willing to Admit
If your site ready for a war on pipes and cables?
IBM is More Than 60 Billion Dollars in Debt (Which It Cannot Pay Back)
IBM debt is growing
IBM and Microsoft Fake Headcount in Exactly the Same Way (While Mass Layoffs Persist and Real Revenue Falls, Not Just Compared to Inflation Rates)
They convert profits into fake 'growth' instead of cashing in (so debt continues to soar), in effect gaming the system based on misleading metrics
Daniel Pocock Moved Up Two Spots in the Political Battles
He has made a statement about it
Links 30/11/2024: Cable Cuts Under Investigation, America’s Cemeteries Are Rewilding, Panda Protection Money Misused
Links for the day
Understanding Irish general election 2024 results Dublin Bay South
Reprinted with permission from Daniel Pocock
Links 30/11/2024: Social Control Media Under Growing Scrutiny, Patent Propaganda Sites Still Promote a Fake Court (UPC)
Links for the day
Gemini Links 30/11/2024: SIGINT Foo and Hooking Up an Old Serial Terminal to a NetBSD Machine Over USB
Links for the day
Apache Software Foundation, Already Infiltrated by Microsoft for Well Over a Decade, Still Controlled by Proprietary Giants With Openwashing Agents
No wonder things get outsourced to Microsoft's proprietary prison (GitHub)
Tux Machines Turning Twenty a Half
Contact us if you want to join us and live not far from Manchester
Stable at Over 4% and 400+ Days' Uptime
Hopefully some time this weekend we'll find enough time to upload party photos (this site turning 18)
With a Month Left to Raise Money the Free Software Foundation (FSF) Has Already Raised 56,000 Dollars
December starts tomorrow
The Irish Have Voted, We'll Soon Know How Many Voted for a Debian Developer and Free Software Specialist
Dublin Bay South results
[Meme] The Word Security Has Been Redefined
"See what the media tells us?"
Proving Yet Again That Techrights Was Right About UEFI 'Secure Boot' All Along (Since 2012)
'Secure Boot' or 'secure' boot is about anything but security
[Meme] Growing Up and Becoming Sceptical
Social control media is a toxic weapon against what's true
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 29, 2024
IRC logs for Friday, November 29, 2024
Reporting Information and Facts at Times of War (and Information Wars), Dissent of Merit and Scepticism//Critical Skills Impermissible
The world is full of white-collar crime, so the more people report, the better
Links 30/11/2024: More Strongarming and Threats to Taiwan, Ananda Krishnan is Dead
Links for the day
Links 29/11/2024: Hike at Potato Creek and Best SSG
Links for the day
Energy shock: €17,000 circuit court claim, threat of judgment for fraudulent charges
Reprinted with permission from Daniel Pocock
Brigid Purcell (PBP): generation Z, unteachable children, how will they govern in ten years?
Reprinted with permission from Daniel Pocock
Links 29/11/2024: Smithfield Market in London Shutting Down, BRICS (China) Accused of Validating Undersea Cables Based on New Evidence
Links for the day
Fentanylware (TikTok) Just Doing Exactly What It Was Supposed to Do
A senior official at Romania's telecoms watchdog called for Fentanylware (TikTok) to be suspended
Links 29/11/2024: China Tensions and Big Bounties for Invalidation of Software Patents
Links for the day
Daniel Pocock Explains Why People Should Vote for Him Today (General Election 2024)
Polling day in Ireland
[Meme] Microsoft and Bill Gates Controlling Media Coverage
Cautionary tale
More Microsoft Corruption and Cover-ups
The key point here is that Microsoft is a corrupt company that bribes officials and breaks every law in the books, then lies about it, covers things up, even bribes publishers to participate in the cover-up
Microsoft Fired Hundreds of Workers Days Before Thanksgiving
Maybe it's time for Microsoft shareholders to reassess the true wealth and well-being of Microsoft as a company
Typical Microsoft Bully (Paid by Microsoft)
Some Microsoft staff doesn't know boundaries
Threats, Attacks on Women, and Other Tactics of Microsofters Will Always Backfire
California: An Epicentre of Psychosis Influenced by Silicon Valley?
Rejecting Fake Holidays
In the US, today is the day after Thanksgiving and nothing els
8GB Swiss Archive offered to Irish voters by Dáil candidate
Mr Pocock doesn't take orders from cyberbullies
Ireland Goes to Polls, Here's Daniel Pocock's Leaflet (Running as Independent in Dublin Bay South)
He seems to be the only geek running for Office
Daniel Pocock: Why you should follow my RSS or Atom feed, Irish elections, everybody wins
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 28, 2024
IRC logs for Thursday, November 28, 2024