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06.11.17

The British Election May Have Just ‘Killed’ the Unitary Patent (UPC)

Posted in Europe, Patents at 4:36 am by Dr. Roy Schestowitz

Jeremy Corbyn
Jeremy Corbyn might actually become the next Prime Minister. Photo credit: Sophie Brown.

Summary: With political turmoil in the UK, including a chaotic coalition with nationalists in it, UPC is again at the very bottom of all priorities and it’s possible that Conservatives will fail to form a government, throwing into disarray any promises previously made in relation to the UPC

TECHRIGHTS has hardly said anything about the UPC for a couple of weeks (due to absence and catchup time), but a lot has happened, especially in light of the British election. Why? Because the UPC is in a limbo, primarily because of the British. The election backfired badly on Theresa May (whose career is now uncertain and whose party might even let loose the Prime Ministerial position). Where does that leave the UPC? Let us clarify before the spin comes around, primarily from Team UPC (probably as early as Monday).

First, let’s start with a little bit of background and recent developments. The EPO‘s management obviously wants the UPC, but the impression we get from ordinary EPO staff is that they hate it. They know that the UPC would potentially doom them and end their careers, not to mention harm Europe. They would be correct to feel this way and we have written on the subject for nearly a decade. Even when it was known as “EU” or “Community” patent the benefits to Europe were dubious at best. It just made Europe more attractive to sue in, not to sue from. After several rebrands they decided to go with words like “unity” (and “unitary” or “unified”), basically marketing the same pile of dung under false pretenses.

“Even when it was known as “EU” or “Community” patent the benefits to Europe were dubious at best.”We often joke about the pronunciation of UPC, which is of course just an acronym. We could perhaps pronounce it “oopsie”, one person told me, “as UP oop C says its name…”

This proposition came up after I had suggested that we collectively pronounce UPC as “oops” or “whoopsi”, much like “Oh Oh XML” (OOXML) for OpenXML, which was neither open nor XML (it has binary enclosures in the tree).

The name aside, what is the UPC really? It’s the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies).

Looking at Managing IP (MIP) coverage prior to the election, it talked of “the delayed start of the UPC, the impending Brexit has cast a shadow of uncertainty over IP law.”

“No,” I’ve told MIP, “it’s not “delayed”, UPC might be dead in the UK but keep flogging this horse…”

“It’s the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies).”For those who have not been paying attention, MIP is responsible for a lot of UPC propaganda. A lot. It recently issued yet another one of its infamous “progress reports” for the UPC — those that have us deluded into thinking that it’s all just a matter of time. It recently published “Are you braced for Brexit?” and “This article is brought to you by our Trademark Times 2017 sponsors…”

Yes, sponsors. Like those pro-UPC events that MIP keeps organising, filled with staked panels and typically some liars from Team Battistelli.

The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days. There is no concrete, substantial preparation (except preparation of propaganda). Here is a pro-UPC blog, run by Team UPC itself, saying that according to the Preparatory Committee the “Unified Patent Court will not start operating this year” (that’s the headline). The key part:

The previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained. This has been reported by the UPC Preparatory Committee.

So once again they have lied or created false expectations. They do this every year. Why would anyone still trust anything they say? As a pro-UPC voice put it: “The previously announced target date for entry into operation of UPC, envisaged December 2017, cannot be maintained.” (linking to this official site)

IAM retweeted this and added: “The UPC won’t enter into force in December 2017. Whether it will in 2018 – or even ever – remains to be seen. Much depends on Brexit talks.”

“The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days.”And now that Theresa May is in serious trouble it’s not even clear if there will be Brexit talks later this month as scheduled (some reports this morning said it would happen, citing May’s team, but it’s not clear if this team is about to get broadly sacked, just like May’s senior advisors). According to a new poll (to be added to daily links later today), 60% of Conservatives (actual insiders!) oppose May and another new poll says that half the public wants her to step down.

Incredible, eh? So much has changed so quickly.

CIPA, a malicious pressure group of patent law firms (it lies to the public, corrupts our politicians, helps patent trolls and so on), recently set up a seminar which according to this site further promotes the delusion of UPC inevitability. Who are these people kidding? Are they trying so hard to make lawyers synonymous with liars?

“McDonagh, an expert in this area, labeled it “patently unclear” and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made.”Dr. Luke McDonagh, a scholar from London, responded to the result of the election by stating : “The most important issue of the day is, of course, what will happen to UK participation in Unified Patent Court?”

McDonagh, an expert in this area, labeled it “patently unclear” and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made.

The other day we saw the lawyer’s press acknowledging some of the issue as follows:

The entry into operation of the Unified Patent Court (UPC) will not occur in December 2017, the previously announced target date. This means the long-awaiting Unitary Patent (UP) and Unified Patent Court (UPC) regimes will not be up and running, at the earliest, until sometime in 2018.

Delays in the progress of national procedures concerning the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application have been cited as the reason for the December 2017 target date being unable to be maintained. A revised target date has not yet been published.

They’ll then say 2019, 2020 and so on. Wait and watch. It’s becoming expensive and cumbersome for law firms that put many of their eggs in the UPC basket, notably the likes of Bristows, whose lies will be the subject of our next post. In Germany, Christopher Weber wrongly asserts or at least assumes that the the UPC is inevitable (money first, common sense later) when he writes: “More stalling by the UK could lead to fewer qualified judges applying for UPC. Plan B: UPC w/o UK.”

“By the time there’s clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job.”Yes, that might actually happen, but they cannot just dump the UK until it’s clear what is happening. The UK is under considerable political uncertainty at the moment (it’s all over the news this weekend), so Plan B won’t be considered for a long time to come, perhaps even years. By the time there’s clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job.

No More Battistelli Photo Ops With Michelle Lee as EPO Allies Run Out, Countries Without European Patents Pursued Instead

Posted in Africa, Europe, Patents at 3:21 am by Dr. Roy Schestowitz

EPO in Angola

Summary: Desperate for some sense of legitimacy, Battistelli travels far and obtains ‘trophies’ from countries that are irrelevant to the EPO while his few remaining allies quit their jobs

THE EPO is running out of allies. It’s running out of allies pretty fast as it’s widely recognised that it’s run by a bunch of crooks. No person in this field has overlooked all the negative media coverage. Nobody. People have noticed just how few high-level officials even pose for photos with Benoît Battistelli these days. It’s not a coincidence. The same is true (to some degree) about the US President…

“People have noticed just how few high-level officials even pose for photos with Benoît Battistelli these days.”Battistelli’s allies mostly come from countries that are notorious for human rights violations, e.g. China the other day (promoted in Twitter via this and that). In some ways, the EPO is becoming SIPO and is mimicking Chinese (infamously low) standards for patenting. This isn’t what Europe needs; it’s what Europe needs to compete with.

More interesting, however, was this tweet from the USPTO (June 1st), headed at the time by a Director of Chinese descent. Mr. Klutz, the clown who facilitates the authoritarian regime of Battistelli, is in there (in the photos) and the USPTO wrote: “Commemorating 10 years of cooperation, @EPOorg, @JPO_JPN, @KIPOworld_en, SIPO, and #USPTO sign the IP5 Joint Statement today, June 1.”

“In some ways, the EPO is becoming SIPO and is mimicking Chinese (infamously low) standards for patenting.”Well, here we can see Michelle Lee touching Battistelli’s hands. It will be the last time. Here is the corresponding puff piece from the EPO (warning: epo.org link) and Battistelli’s immature brag in his ‘blog’. (warning: epo.org link)

What he probably did not know at the time is that Lee was about to leave. Days later she did. Abruptly even.

“We shall see if the Trump administration puts an utterly corrupt man like Rader in charge of the USPTO.”We first found out about it when a reader mailed us USPTO director Michelle Lee has resigned without warning. It correctly noted (as we did at the time) that “[i]n April, more than 50 companies, including Facebook and Cisco, sent a letter to President Trump asking him to keep Lee on board, believing the office would apply stricter standards to technology and software patents under her leadership.”

It didn’t take long for this news to spread [1, 2] through the mainstream media and many cited the above report (the first we saw). “According to Arstechnica.com,” one site said a few days ago, “major technology companies asked President Trump to keep Michelle Lee on board, believing the former Google executive would applying stricter standards to technology and software patents under her leadership.”

“As the number of applications from the US declines (the EPO tried to hide it) we can expect the EPO to become more like China and appeal to the Chinese, not the Americans.”Indeed, this departure wasn’t expected. The media makes it seem as though it was her decision to step down, albeit she was possibly pushed out. We shall see if the Trump administration puts an utterly corrupt man like Rader in charge of the USPTO. The USPTO had a good leader, but she is moving on. It’s the EPO that should oust/drive out the head, not the USPTO. We believe, based on our heavy coverage on the matter (over a dozen articles about it), that Lee was pushed out by thugs who started a witch-hunt against her. MIP says that “USPTO associate solicitor Joseph Matal has taken over her duties” and Lee’s foes (and supporters of the corrupt Rader as her successor) say “an acting successor has not been named. However, Commissioner for Patents Drew Hirshfeld was being touted by some DC observers as the likely choice, given that current deputy Director Anthony Scardino doesn’t have a background in IP.”

So… not Rader. What a relief.

These foes of Lee also said: “The battle to succeed Lee will be unlike anything we’ve seen before at the USPTO. The stakes are very high. [] The USPTO director can change rules relating to PTAB & rework examination guidelines. BigTech will be desperate to ensure neither happens.”

The LA Times covered it as follows:

America’s top patent and trademark official has abruptly resigned from her post.

Michelle Lee, who has been director of the U.S. Patent and Trademark Office for more than two years, submitted a letter of resignation Tuesday afternoon.

“I am confident that the leadership team in place will serve you well during this transition,” Lee wrote in an agency-wide memo to staff.

How does that matter to the EPO? Simple. As the number of applications from the US declines (the EPO tried to hide it) we can expect the EPO to become more like China and appeal to the Chinese, not the Americans. The EPO is stretching and leaning to the bottom.

“Angola received not a even a single European Patent last year, but Benoît Battistelli and Klutz do a business trip to Angola.”Benoît Battistelli, for example, goes to a photo ops expedition in Angola. Yes, that’s right. Angola! Which Battistelli's old 'boss', Nicolas Sarkozy, also strategically visited. All one needs to know is that Angola is totally irrelevant to the EPO (no patents granted) and this EPO puff piece (warning: epo.org link) about the visit demonstrates nothing but a waste of money on Battistelli and his bodyguards (Klutz is there too). When will Benoît Battistelli and his right-hand man Klutz go to Zimbabwe for ‘recognition’ from Mugabe? He too enjoys an above-the-law status. Maybe they can share some experiences about how to crush people…

Angola received not a even a single European Patent last year, but Benoît Battistelli and Klutz do a business trip to Angola. That says a lot, does it not? Might as well be a trip for leisure, disguised as “for business”… there are safaris in Angola.

The irony should not be missed. In relation to the two terror attacks in England, Battistelli has of course not missed the opportunity for political exploitation. Here is the exploitation of Manchester and the exploitation of London (warning: two epo.org links). Again, in relation to terror, the EPO says it “believes in an open and inclusive society based on the fundamental principles of freedom, equality and justice.”

“They, Team Battistelli, are once again milking tragedy (with many human victims) to disseminate patently false characterisations of themselves.”Liars.

It takes quite some nerve to say that. They also said: “As an international organisation, we believe in an open and inclusive society based on the fundamental principles of freedom, equality, justice and tolerance. Such attacks will never be able to destroy these principles.”

That makes just about as much sense as Mugabe saying it. It’s beyond laughable. It is deeply offensive. They, Team Battistelli, are once again milking tragedy (with many human victims) to disseminate patently false characterisations of themselves.

European Patent Office May Become Just a Mirage of Examination Office, Much Like INPI (France)

Posted in Europe, Patents at 2:23 am by Dr. Roy Schestowitz

Immolating the European Patent Office (EPO)

Hot road mirage
Photo credit: Brocken Inaglory

Summary: The depressing vision of Benoît Battistelli, whose EPO is collapsing (EPs losing value, applications throughput declining, staff leaving)

THE long-prevailing rumours inside the EPO (insiders) suggest that Battistelli is abolishing examiners to make the EPO more like INPI, the office which he came from. Decisions on patents, he believes, should be left for courts (e.g. UPC) to decide on, not some examiners and certainly no independent oppositions and appeal boards. It’s not hard to see why this is a recipe for disaster, especially harming small companies that are incapable of putting together funds for lengthy court battles (a vortex of appeals included).

“It’s not hard to see why this is a recipe for disaster, especially harming small companies that are incapable of putting together funds for lengthy court battles (a vortex of appeals included).”The other day we saw Bastian Best, a proponent of software patents (no, he is not a software developer), stating: “Good to see that the French courts align with the EPO when it comes to software patents…”

Benjamin Henrion, who actually does develop software (as do I), noted this “[a]lignment of French courts on EPO case law regarding computer-implemented inventions” and linked to this post which states:

Like in the Sesame decision, I must say that I am quite impressed by the capacity of French legal judges to level up to EPO case law’s subtleties in the area of software patentability, which is not known as the most limpid literature even to technical practitioners such as European patent attorneys.

So it certainly seems as though software patents have been pushed into Europe from the back door under Battistelli’s watch (to some degree Brimelow’s also). It’s catastrophic to software companies, which understand the growing threat of patent trolls.

At the same time, the EPO is trying to expand the reach of such patents. See this new puff piece about Battistelli’s plan to produce shoddy services around automated (and flawed) translations. It says: “The service now receives approximately 15,000 translation requests on average every day, mostly from India, Japan, Russia and the United States. This is in addition to requests coming from the EPO member states, according to EPO President Benoît Battistelli.”

“This should not only scare examiners but also software developers and all sorts of companies that merely use software, i.e. virtually every company in Europe.”Benoît Battistelli is actually clueless (or greedy) enough to think that machine translation gives something workable. He also wrote about it in his ‘blog’ some days ago. (warning: epo.org link, which can unmask IP addresses once clicked)

We predict that Battistelli will pursue a France-centric UPC, with minimal examination (just filing/registration), perhaps with him sitting at the top, in spite of his age approaching 70 and his decision-making abilities being utterly deficient. The man is crooked. This should not only scare examiners but also software developers and all sorts of companies that merely use software, i.e. virtually every company in Europe.

German Media Would Rather Write Articles About Beer Than About Serious and Unprecedented EPO Scandals

Posted in Europe, Patents at 1:55 am by Dr. Roy Schestowitz

Related: Shame on the German Media for the Media Blackout Surrounding EPO Protests in Munich (and Sometimes Berlin)

SUEPO beer
Will a site redesign such at this help compel journalists to care?

Summary: Further reaffirming our observations, it seems as though the German media, financially connected to the German government, simply overlooks the plight of EPO staff

A COUPLE of weeks ago we got told that while EPO scandals get mostly ignored by German media, relatively small protests (unrelated to these scandals) receive sympathy from German journalists and publishers are willing to lend a ear.

Not too long ago the EPO granted patents on genetics and there was a lot of press coverage about it. The other day there was also this article in English in the German media, regarding an issue we tackled last year. To quote:

Dozens of protesters, six brewery horses and a marching band have demonstrated in front of the European Patent Office (EPO) in Munich to object to a patent by beer giants Carlsberg and Heineken.

In 2016, the two companies jointly patented a strain of barley that improved the taste of beer and allows for a more energy-efficient brewing process.

The beer patents haven’t gone down well with Germans, a nation proud of its centuries-old tradition of barley cultivation and beer brewing. Breweries fear financial losses if patents on crops become the new normal, and activists believe food security is under threat.

“As usual, and perhaps due to the agenda of media owners, German media doesn’t care about the most important scandals and instead focuses on smaller ones.”“Dozens of protesters” have apparently attracted more media attention than thousands of EPO employees protesting against their own employer. As usual, and perhaps due to the agenda of media owners, German media doesn’t care about the most important scandals and instead focuses on smaller ones. There was also coverage in German, e.g. this article. As someone put it, “well it catches ppl where they are. Covering a #beer story stands symbolic for what #patents are doing. people in #germany are difficult to mobalize. but with beer you even get the most conservatist to act.”

The only person in the German media who bothered with EPO scandals lately was Stefan Krempl, who published this article which said: “Der Verwaltungsrat für das Europäische Patentamt hat erste Schritte eingeleitet, um Benoît Battistelli vertragsgerecht Ende Juni 2018 als Präsidenten der Behörde abzulösen. In seiner Periode war und ist der soziale Unfrieden groß.”

“We can’t stress this often enough as there’s an element of complicity to it.”A translation of the entire article will hopefully be published by SUEPO at some point. It has already taken note of it and anger is directed at Battistelli in the comments.

When the German media does bother covering relatively small protests but not far bigger protests it makes one wonder about the government's and its media’s (connected to the government by its budget) agenda. We can’t stress this often enough as there’s an element of complicity to it.

06.10.17

Benoît Battistelli is Scheming to Further Erode the Rule of Law and Promote More of His Cronies at the EPO

Posted in Europe, Patents at 6:32 am by Dr. Roy Schestowitz

Also see: Information From SUEPO on the Functional Allowance Reveals How Top-Level Management Intends to ‘Rob’ the Cash Cow (EPO Budget)

Battistelli Orb

Summary: Racing to the very bottom of human rights, dignity, morality and so on, for the sake of ultimate power and unbridled greed, Team Battistelli makes its next move

THE EPO is in a flaky state. Its reputation is long gone, the application numbers continue to decline, key staff is leaving, and Battistelli along with his cronies move further up the ranks. Suddenly, as some professionals openly state, the USPTO looks like it may have higher standards than the EPO. Technically too, not just ethically…

As someone put it the other day, in relation to the EPO right now:

What is most striking is the strong sense of resignation, its impotence of self-regulation, the lack of options, the political apathy. What an extraordinary situation for an institution that has absolute power over intellect and information – there is no greater power really.

Yes, the political system in Europe has been far too apathetic and thus arguably complicit. A report of ours will soon deal with the element of complicity and what can be done about it. What we wish to focus on herein, however, are some of the latest internal moves — those that demonstrate just how much of a lost cause the EPO became. We have some news about Yann Chabod (he’s not ‘retiring’, not yet anyway) and other French allies of Battistelli. The situation was recently explained to us by various sources and we have pieced it together as follows.

Titled “News from the Madhouse” or “News of the Madhouse”, one report told us that “[a]t EPO, che casino! (as Italians say)” and to quote:

From DG4 office-wide

Dir. Yann Chabod is working on new HR policies where:

  • The Office plans to depart from the normal concept of duty of care of the employer (towards its employees) to (hold tight) a duty of employability of staff towards the EPO! (e.g. if you are sick, you are not employable; game over)
  • Euro-contract of 3 years for ALL staff categories/profiles from January 2017
  • Firing staff without disciplinary procedures (which due their gross incompetence DG4 officials are too dumb to understand, much less respect). Instead a very subjective concept of “professional incompetence” will be created with a new structure where it will be decided in speedy procedures to fire staff as they see/please (EPO staff, don’t burn all your cash too quickly. You may be out quicker than you think).

DG4′s cunning plan is a GCC consultation in November and submission to Administrative Council in December 2017 for an entry into force in January 2018.

Needless to say that all this is utterly unhealthy (hence illegal and not practicable, e.g. recruitment needed will increase to levels impossible to manage), but hey, who cares!

Although the EPO has made over 400 Mio eur. surplus, DG4 is currently reviewing all staff in receipt of HANDICAPPED child allowance (yes you read right) to cut all what can be cut. Very tasteful is it not?

  • Staff rep elections are due next June 20th. The one candidate in TH who presents himself as “independent” has recently applied to a position within DG4! (which explains that he shoots on unions)
  • Another “independent” candidate is in the starting blocks in TH [The Hague]. some say that the union refused his presence on their list of candidates for very severe reasons (he collaborated zealously to Bergot’s witch-hunt leading to investigation of several union leaders/dismissal). Be aware of this when you read his pamphlet which will no doubt not be mentioning nothing about his many dirty little secrets.

From DG1

In DG1 two directors of Le Croisé, friends for years, were explained by their principal director that VP1 considers they are seen too often together (e.g. for lunch, or coffee). VP1 even considers that one is doing too much sport over lunch! Directors be aware: you are being watched!

From the building

The planned contingency budget for the entire building in TH is close to empty, although the building works are by far not completed (actually additional delay for completion are already planned). no doubt that the end budget will explode.

From Munich

A new position will soon arise: principal director in the Presidential Office. Lose no time to apply, it is for Gilles Requena the (ex?)husband of E. Bergot.

For the 3 DG1 principal directors positions foreseen in the new structure post-VP1-departure: these positions would be earmarked for a Bulgarian PD, a French one, and Grant Philpott.

Some of the above has already been circulating among staff, either verbally or in written form. Not too long ago “New Merpel” wrote the following long comment:

There was a new document published about the new structure for the EPO. It is typical Battistelli: when being told that the new structure is not compatible with the EPC, keep the structure and pay lip service to the EPC. Try to get a copy of the document, which was distributed over the EPO intranet.

For the following to be understood, the present management structure is: vice president (VP), principal director, director, examiner.

In the new structure, the complete present management of DG1 (the part of the EPO doing search and examination) becomes redundant. Really:
-there is no Vice President. Under the EPC, the VP is the only one that is independent from the President (nominated by the council). This is where Battistelli paid lip service: he nominates present VP2 as VP1. That man has done everything he wants.
-there are 3 COOs, which are apparently the only ones in charge and report directly to the President (although they are under the VP, they report to the President… lip service).
-the present principal directors are made redundant (really!)
-more than half of the directors are made redundant (which should keep the other half quiet, if they don’t want to be put in the “redundant” half)
-directors are replaced by examiners who do the job in addition to their examining duties on a one-year assignment.

So, basically, the new structure is: President, COO (chosen by the President on a short term contract, come from outside the EPO), examiner. What for?

There is another hidden gem in that document (there always is one…). Oppositions will be done by specially chosen examiners, who cannot do more than 30% opposition work. Why 30% one may ask? Simple: tasks done for 30% of your time do not count for your notation. That system is a particularly astute way of giving something to the redundant directors while:
-insuring that they will be without power (they don’t report the people below them, since they only do 30%)
-insuring that oppositions get the attention Battistelli thinks they deserve (the examiners still have to keep the director for which they do 70% work happy, he does not want to be redundant and is judged on output).

As a subsequent comment put it:

Good news for Mr Requena (right hand of Battistelli and ex-husband of PD43) : a position of A6 is ear-marked for him and will soon arive :o)))

who said that talents aren’t recognised at EPO ?

Mind the tone of the next comment:

The new opposition departments are predicated on the view that examiners who do more oppositions can be so efficient that they can almost halve the time spent by the EPO on them. Of course it will mean that these opposition examiners will cover a wider technical area (of the order of 10% of all examiners).

This wasn’t taken too well, inviting comments like this:

Another comment obviously motivate by social envy and ignorance. You do not seem to understand that people are depending on this job, living abroad with their children visiting international school and mortgages that need to be paid. A general strike sounds so simple if you ignore the consequences this would have. We do not get any support by the Dutch and German government which is the actual scandal. Instead jellyfish Rutte shook hands for the press when the construction of the new building started… disgusting. You better think before you judge.

Another person wrote: “Swallow your social envy and shut up, will you. You have obviously no idea what you are talking about.”

“Time for [EPO] examiners to look for a new job I would say.” That’s what this next comment said: “The only time I have seen a similar management structure change in the industry, massive dismissals happened in the next months. That would make sense here if the EPO has 40% productivity gains, they will only need half the staff. Time for examiners to look for a new job I would say.”

Not only this one thread contains inside information. The comments here (now 17 or more) are worth reading in full. Even pro-UPC blogs are very much concerned about the future of the EPO, which is collapsing. It’s the fault of Battistelli’s regime.

The above-mentioned clawback is the latest subject to come up in the very last thread about EPO scandals. To quote:

Currently DG4 is busy reviewing HANDICAPPED CHILD allowances’ recipients, as if the 3 dozens (or the like) of recipients were bandits abusing the EPO. Even if they were (which is of course not the case) the amounts at stake would never cover the spendings of EPO money needed for PD 43 bodyguard.

Fortunately during this time, millions of eur are spent on IT projects with ZERO results, the building in TH has already almost exausted its contigency money and is far from finish yet, Battistelli still employs two bodyguards, flies around the globe visiting the most expensive palaces, drinking the most nobles french wines.

who said tasteless?

Another one said:

New rules for firing people without safeguards will be presented to the next council.

Let me first remind that Battistelli fired 3 people already, two of them a year and a half ago. The reasons were bogus, but they are still out with no solution in sight. They were fired because they were staff representatives. So we know that Battistelli can already fire people at will, it just is a bit of effort to mount a bogus case.

Under the new règles, you will just be out for… “professional incompetence”. Try to find another job in patents after you have been officially declared incompetent. Battistelli already had a big stick, now he wants a machine gun.

And serving to further confirm what we have learned:

indeed according to insiders info DG4 plans a new rule which would allow to fire staff for “processionnal incompetence”, a vague and utterly subjective concept, without the need of disciplinary committee the rules of which are by far too cumbersome and require fairness.

In December DG4 will propose a document that foresees ALL new staff at EPO under 3 years’ contract (no more permanent employment)

the destruction of the EPO continues

This last new comment explains the monumental cost of working for the EPO:

“Handicapped child” comment above.

When one comes to work for the Office, one leaves the social insurance system of his or her country. If one is then fired, one is left without medical insurance, so any recurrent costs for an handicapped child will not be paid. Getting back under the insurance of one’s country is not generally an option.

Basically, if your child needs regular treatment and the other parent is not independently insured, you have a huge problem.

So, in summary, as bad as things already are at the EPO, they’re about to get even worse.

The US Supreme Court Stops Software Patents While They Spread Elsewhere in the World

Posted in America, Asia, Courtroom, Europe at 5:52 am by Dr. Roy Schestowitz

On too much of a good thing

Summary: Justices of the US Supreme Court (SCOTUS) make the United States more competitive by depriving patent trolls and denying them the ability to shake down real companies; China, in the meantime — along with Battistelli — lets everything under the sun be granted a patent, thereby inviting a torrent of frivolous litigation

OWING to some historic decisions from SCOTUS, the mainstream media has given more coverage to patent trolls and software patents recently.

“It wasn’t until the mid-1990s that the United States Patent and Trademark Office began issuing software patents,” wrote The Stranger about the USPTO one week ago. The article is about patent trolls, but it hasn’t lost sight of the connection to software patents. Wherever software patenting goes trolls will follow. Consider this new “Patents 101″ article (not Section 101) which names Business Method Patents and Software Patents under Utility Patents, even though after Alice (and Section 101, more so post-2014) a lot of these are effectively eliminated.

It seems safe to say that the US is losing software patents (the news about Michelle Lee — to be covered later — notwithstanding), but they have spread to Europe and to China. Europe is already suffering (we shall cover that separately) and China will suffer the same wrath already suffered in the US, due to patent trolls and extortion demands/shallow lawsuits. See this pay-walled article titled “A New Era For Software Patents In China” and mind the misleading wording (“inventors”, “possibilities”, “inventions”, “technical”, “features”, “enhanced” and so on).

At a time when the United States is pulling back on the patentability of software inventions, China is moving in the opposite direction by opening up new possibilities for inventors.

Last month, amendments to China’s State Intellectual Property Office (“SIPO”) Guidelines for Examination took effect. Among the most important changes are the expanded patentability of business-related inventions with technical features (“business method patents”) and enhanced claiming options for patents covering software inventions.

Is that’s so wonderful, as Law 360 wants us to think (it’s a patent maximalism site), why not grant patents on oxygen, water, fire, and thinking? Won’t that facilitate “inventors” with their “possibilities” of “inventions” pertaining to “technical” “enhanced” “features”?

Due to lobbying from the patent ‘industry’, patent maximalism is becoming a harmful if not lethal disease. In the coming days we shall return to covering the subject more thoroughly. It often seems like only SCOTUS is willing to stand up to patent maximalism.

Tim Moss, Chief Executive of the UK Intellectual Property Office, Will Need to Challenge the Battistelli Regime

Posted in Europe, Patents at 5:26 am by Dr. Roy Schestowitz

Tim MossSummary: The new head of the British delegation will hopefully continue the good work of Sean Dennehey, who spoke to EPO staff about the dangers of the Battistelli regime and diplomatically dissented against this regime

THREE months ago we wrote about Sean Dennehey, who had antagonised Battistelli, stepping aside. People inside the EPO seemed to like Dennehey because he was eager to listen to staff about the issues with Battistelli and he — along with the British delegates — often voted accordingly. The following new comment confirms that Tim Moss, whom we named here before, has taken charge:

Update from the Administrative Council.

Tim Moss now officially the head of the GB delegation.

Representative:
Mr Tim MOSS, Chief Executive and Comptroller General
Intellectual Property Office

Alternate Representative:
Mr Sean DENNEHEY, Deputy Chief Executive
Intellectual Property Office

http://www.epo.org/about-us/organisation/administrative-council/representatives.html#gb

According to his official profile (British government’s site): “Tim came to the IPO from Companies House where he was the Registrar of Companies for England and Wales and Chief Executive (March 2012- April 2017). He worked at Companies House from 2002 where he held many senior positions within the organisation. His extensive work portfolio included leading on the digital agenda, operational delivery, business strategy and corporate policy. Tim also held the position of president of the Corporate Registers Forum (an association of over 60 registries worldwide) from 2013 to 2017. [...] He was awarded a CBE in the 2016 Queen’s Birthday Honours list for services to the economy and the people of Swansea.”

We kindly invite Tim to study the controversies, conflicts and abuses at the EPO. He will, as a representative of the UK, need to put up resistance to the thug who has staged a coup at the Office and the Administrative Council.

IAM ‘Magazine’, an Adjunct or Megaphone to the Battistelli Regime, Called ‘Independent’ by the EPO and Used for ‘Quality’ Propaganda

Posted in Deception, Europe, Patents at 5:12 am by Dr. Roy Schestowitz

Related: IAM Remains Battistelli’s Propaganda Mill, Helping to Manufacture and Reinforce Lies About Quality

Battistelli and IAM

Summary: High-quality propaganda from Battistelli, who is attempting to bury bad news about rapidly-declining patent quality at the EPO (due to his own policies)

THE EPO is run by a truly incompetent person who thinks that he can simply buy or pay for propaganda. Apparently he does not realise the ‘allergy’ scientists have for that…

“How much lower will the EPO stoop/sink to prop up the illusion of “quality”?”IAM, which is in bed with the EPO, again rises as Battistelli’s propaganda of choice, with the latest news [sic] headline, “Independent [sic] Survey confirms [sic] EPO No.1 for quality” [sic] (don’t laugh, the EPO was even pinging IAM about it, as though it was winking at IAM).

How much lower will the EPO stoop/sink to prop up the illusion of “quality”?

Here is the direct link for those who want to risk tracking by the EPO’s management (we understand that many of our readers are past and present EPO staff).

“The EPO used to be fantastic!”Shame on IAM for remaining little more than a Battistelli mouthpiece. The corresponding ‘articles’ from them are [1, 2] (there may be more, but we’re still catching up after 3 weeks of absence).

As a side note, based on this new tweet, EPO staff keeps fleeing from the Battistelli regime, which is unable to find talent and is begging for some more job applications (not a new conundrum).

“Even the staff representatives warn prospective workers about the dangers of joining the EPO.”The EPO wrote: “Are you an engineer/ scientist interested in joining an international team at the forefront of technology?”

Well, so don’t join the EPO. The EPO used to be fantastic! I myself admitted that. But what became of the EPO is an utter disgrace at many levels. Even the staff representatives warn prospective workers about the dangers of joining the EPO.

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