10.14.16
Posted in Europe, Patents at 12:19 am by Dr. Roy Schestowitz
Image courtesy: campact.de
Summary: Retired judge Siegfried Broß is jokingly named as the person who should head the independent Boards of Appeal that keep the Office in check
In the first, second, third and fourth parts we gave away pretty much all the information which we are safe to publicly share. There is more that we know, but now isn’t the best time to speak on all matters. The EPO will certainly issue some face-saving statement some time very soon. Don’t trust it. The EPO’s statements have had a 100% track record of lying as of late (unless they speak of some major tragedy in an opportunistic appeal for sympathy). Here is a recent classic.
“The EPO’s statements have had a 100% track record of lying as of late (unless they speak of some major tragedy in an opportunistic appeal for sympathy).”“I am hearing some very encouraging news from the EPO today,” I stated earlier tonight, and “I will write about this later.” Whatever the EPO may say today (or later than today), we are prepared to rebut/correct/respond. “Danish journalists get interested,” we have meanwhile been told regarding the situation. In fact, we have been in touch with some. Will the press write about the latest issues or has the media been paid enough to be thoroughly gagged across Europe (self-censorship and spiking of important stories)? We shall see…
One person asked the other day: “Are there any news about the fate of the suspended member of the BoA?”
Well, it seems as though it’s forever limbo for him, at least while Battistelli stays in power and his term is not officially over. Frankly, after making some jokes about it (not especially quote-worthy) the subject of the BoA’s member’s new boss came up, then more notably (albeit still rather funny, maybe not by intention) a response to a comment mentioned here the other day:
“VP4 has applied for the job as President of the Boards of Appeal”
Siegfried Bross as President of the Boards of Appeal! – who’s with me?
VP4 is Battistelli’s ‘bulldog’ and Siegfried Broß, whom we wrote about several times before, is like the ‘anti-Battistelli’. Here is a polite reply to this:
Siegfried Bross as President of the Boards of Appeal! – who’s with me?
Certainly not Blatterstelly and his chums in the Admin Council.
The Prof. has publicly exposed them as the parcel of rogues that they are:
http://ipkitten.blogspot.de/2015/11/former-judge-says-actions-of-ac-and.html
And the Procurator-General of the EPO, VP5 is also likely to take a dim view of the public criticism of that exquisite Corsican delicacy “la justice à la sauce Battistelli”:
http://ipkitten.blogspot.de/2015/11/by-juve-epo-responds-to-professor-bro.html
With enemies like that his prospects of securing the job – were he interested it – would be sub-zero.
But someho I doubt whether the good Professor would even be interested in a role as a second-grade Kapo in the wilderness of Haar.
Whatever happened next at the EPO, it sure looks like Battistelli’s plans come tumbling down and he just isn’t getting his way anymore. Siegfried Broß, who was on Bavarian television and Juve (several times on this topic, which he is very familiar with), often compared the situation at Eponia to that of Guantánamo Bay. Could Eponia be redeemed before the entire Office (and Organisation which recognises "a crisis") becomes a footnote of history? We certainly hope so. Eponia needs to recognise, respect, accept, follow, obey, and/or embrace the Rule of Law. █
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10.13.16
Posted in Europe, Patents at 11:46 pm by Dr. Roy Schestowitz
Source (original): Rospatent
Summary: Battistelli’s reign of terror at the European Patent Office (EPO) has brought the Office to a boiling point and no magnitude of lies cover the harsh reality which workers are protesting against
In the first, second and third parts we showed that EPO watchdogs (at least in principle, not in practice) were starting to show their teeth to Battistelli and not because they were begging for more dental treatments but because this ‘pack of wolves’ is turning against the President, not against independent judges and staff representatives. The fangs are starting to show. This is the “Turning Point” the headline in this series refers to. The "Social Conference" propaganda/stunt clearly has not been as effective as Battistelli hoped. It’s just a scandalous waste of money. Battistelli should have been immediately sacked a long time ago (many sackable offenses from him and frequent violations of the Code of Conduct).
“The “Social Conference” propaganda/stunt clearly has not been as effective as Battistelli hoped.”Some information about the The Hague demonstration was sent to us earlier today. “About 600 colleagues gathered today peacefully in The Hague to again and again request fairness and justice at EPO,” told us this source, “this after another demonstration in Munich where also ca. 600 colleagues gathered to ask for the same.”
“On 13 October,” said a different source, “about 550 to 600 colleagues gathered in the center of The Hague in front of the office of Dutch Prime Minister Mark Rutte. Dutch MP John Kerstens and French MP Philip Cordéry made supportive speeches in front of the protesters. Another well-attended demo.”
See the pictures that we published earlier on. It’s quite revealing and they prepared some nice, professional-looking signs.
“Pressure at work, prohibition of the right to strike, redundancies among staff and so many other daily humiliations in total violation with the basic principles of labour law.”
–MP Philip Cordery“Dutch MP John Kerstens and French MP Philip Cordery,” told us one of the sources, “were again supportive of the demonstrants since they care for fundamental rights.”
Yes, both have a good track record which we wrote about before.
Here is a post from MP Philip Cordery’s timeline, posted today on his Facebook wall. Original French text: “J’étais aujourd’hui avec les salariés de l’Office européen des brevets pour exprimer mon ras-le-bol de la gestion autoritaire de l’institution par le président Batistelli. Pressions au travail, interdiction du droit de grève, licenciements de réprésentants du personnel et tant d’autres humiliations quotidiennes en violation totale avec les principes élémentaires du droit du travail. Ca suffit. Batistelli doit partir. Les gouvernements et la commission europeenne doivent prendre leurs responsabilités et agir vite avant qu’un autre drame se produise.
“NB. J’ai été obligé de flouter la photo pour protéger les salariés qui ont eu le courage de venir à la manifestation. Je veux leur assurer de mon soutien plein et entier. On ne vous laissera pas tomber.”
English translation: “I was today with the employees of the European patent office to express my ras-Le-Bowl of the authoritarian management of the institution by president Battistelli. Pressure at work, prohibition of the right to strike, redundancies among staff and so many other daily humiliations in total violation with the basic principles of labour law. That’s enough. Battistelli must go. Governments and the European commission must take their responsibilities and act fast before another tragedy occurs.
“That’s enough. Battistelli must go.”
–MP Philip Cordery“NB. I was forced to blurring the photo to protect the employees who have had the courage to come to the event. I want to assure them of my full support. We will not let you fall.”
“GOOD NEWS,” another person wrote regarding the claims covered in part 3. “It seems that as the result of a coordinated effort by the AC delegates, both the Investigation and Disciplinary guidelines proposed by the EPO have been removed from the AC agenda. The first, CA 52/16 rev.1, as a result of the somewhat unfruitful discussion in the B28 (B28/12/16) and the second, CA 53/16 rev.1 as the result of a long controversial debate in plenum today. It might even happen that the AC will implement at least part of its March Resolution in the December Council. Let’s be optimistic!”
So therein we have yet more corroboration of what happened. This sounds promising.
“So therein we have yet more corroboration of what happened.”Another demonstration and possibly more news are on the way.
“I have seen a report from a staff rep,” wrote to us yet another source. “It is, as you say, excellent news.”
“I will provide you with more news as soon as I get new information,” told us a source. There will probably be a lot of talking about this around the water cooler (to use the idiom), the cafeteria, or whatever. The emperor is naked, the king is undressed and all that malarkey….
It’s nearly 6AM here, so it must be 7AM CET. The difference between “today” and “yesterday” is truly beginning to blur.
“I learned about a lot more details of the AC meeting,” told us one person. “But I cannot share it with you now since I don’t want to expose my source to any risk, and it is not yet confirmed. I guess, you will get that information tomorrow from other of your usual sources.”
“No respectable politicians seem to want to affiliate/associate with Battistelli anymore.”Yes, we do keep an eye of things and we are aware of things that we cannot even publish yet.
“Long story short,” as I said earlier today (publicly), Battistelli’s days at the EPO may be numbered and he seems to be in trouble. He failed to implement any of the changes demanded 6 months ago. King for a year? Maybe two years? His career is destroyed now for sure. The guy is now associated with 0% approval rating from his own (well-paid) staff and never-ending lies. No respectable politicians seem to want to affiliate/associate with Battistelli anymore.
The next and final part (for tonight/today) will give workers reasons for optimism and maybe even laughter. █
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Posted in Europe, Patents at 11:08 pm by Dr. Roy Schestowitz
Benoît Battistelli: “An Earthquake Would be Needed for the Administrative Council… Not to Support My Major Proposals.”
Summary: Battistelli’s plans to destroy the careers of people who stand in the way of his misguided ambitions have fallen on deaf ears and he was forced to backtrack, which is unusual but not entirely unprecedented
IN part one, the introduction, we spoke about the EPO protest at The Hague (earlier today, more photos here).
“Has Battistelli’s time run out? Will the large nations (EU member states) realise that he — not those whom he accuses — is the villain who needs dismissing?”Denmark — like The Netherlands — still has a rather controversial monarchy culture (same as here in the UK), so it’s not entirely shocking — perhaps even expected — that a man with a name like Kong-Stad (kong in Danish means king) overlooks Battistelli’s bad behaviour, which resembles the behaviour of kings. Look at who Jesper Kongstad hangs out with — people who wear dead animals on them and call it a “fashion”.
Based on information we have been receiving, Mr. Kongstad might have to change his behaviour. Has Battistelli’s time run out? Will the large nations (EU member states) realise that he — not those whom he accuses — is the villain who needs dismissing? It sounds as though the big EU/non-EU nations are no longer willing to be lied to, bamboozled, manipulated, and 'bought' by Battistelli. The remainder of the series will shed some light on what is going on behind closed doors, based on reliable sources of ours.
We begin by showing what Battistelli was hoping to accomplish.
“It’s quite revealing that Battistelli didn’t have an easy time.”“B28/12/16 contains the “SUMMARY OF CONCLUSIONS” of the Board 28 meeting on 22 September 2016. The president insists that the judge of the Boards of Appeal (Disciplinary Case D1/15) will be accused again (item 3),” a source told us. We will certainly expect more of that as Battistelli sinks deeper and deeper in the mud or the quicksand.
Above is the text in the form the above images (included to help reassure readers that it’s not faked as we have a 100% track record of not uploading forged or manipulated material).
Also see a few pages of CA/52/16 Rev. 1 (Investigation Guidelines [PDF]). “The recent IP Watch,” our source told us, “cites a passage of item 7. The German delegation criticised the President’s view of “the right to be silent“ in CA/52/16 Rev. 1 + additional documents (which is Battistelli’s proposal for the new Investigation Guidelines). Have a look at item 27 and Article 21a “Ethics and compliance” (5) of CA/52/16 Rev. 1.”
“So quite a few sources are telling us the same thing.”It’s quite revealing that Battistelli didn’t have an easy time. Ernst et al never gave Battistelli too much leeway. “Latest Rumors from the EPO’s Administrative Council Meeting Held in Munich on the 12 & 13 October,” another person told us, are quite revealing. We have actually been in touch with quite a large number of sources and this helps us corroborate or ascertain some claims.
“We have to wait till tomorrow for confirmed news about the latest AC,” one person told us, but we keep saying we will wait until it’s all confirmed. What about the rumours? Are they not worth airing already? We cannot emphasise strongly enough that this is — at least for now — an article that is mostly based on rumours, with confirmation yet to be made, e.g. in the official statements, reports, meetings, etc.
“Are “earthquakes” as he once called them starting to happen in Germany?”“Here is the information I got from an insider,” one person told us. “I hear now [that] three papers were withdrawn. The Board of Appeals building, investigation guidelines, disciplinary measures.”
“Seems the bigger countries all piled in against the president,” this source added, dubbing it “Excellent news!”
“I can confirm 2 documents,” added this source, “but I hope that the 3rd document about the Board of Appeals building will also be confirmed! One delegate said two [some time] this morning. The third was during the discussion today.”
“I can say the following,” another source told us. “Battistelli made a last-ditch attempt to propose a revision to the investigation guidelines where he continued to insist that the accused should have no right to remain silent because the European Convention of Human Rights didn’t cover Disciplinary Proceedings. It turned out he wasn’t telling the truth. After resistance from Board 28 he was forced to withdraw the document from the agenda.”
So quite a few sources are telling us the same thing. What a disaster for Battistelli and a fiasco that damages his credibility even within the upper circles at the Administrative Council. Are “earthquakes” as he once called them starting to happen in Germany? We shall say more about that in the next part. █
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Posted in Europe, Patents at 10:18 pm by Dr. Roy Schestowitz
Summary: Today’s demonstration by EPO staff at The Hague, in pictures
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Posted in Europe, Humour, Patents at 10:08 pm by Dr. Roy Schestowitz
Summary: A new cartoon about the so-called Social Conference of the EPO
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Posted in Europe, Patents at 9:43 pm by Dr. Roy Schestowitz
“Justice at EPO” is what protesters asked for earlier today
Summary: An introduction to a short series of posts about the meeting of the Administrative Council, which in retrospect may prove to be historic
THE EPO, in its usual fashion, held a meeting mostly behind closed doors (media, for instance, is not allowed). We previously noted that Jesper Kongstad, Chairman of the Administrative Council (AC), openly boasted his liking for secrecy (even in bodies that should boast transparency and access, not ‘trade’ secrets and obscurity).
“The EPO is officially a scary place to work in, with as many as three staff representatives at The Hague now under attack from Battistelli and his goons.”Tonight’s series (it is very late here and I’m on coffee) will focus on information that became available to us — courtesy of many different sources — regarding the Administrative Council’s meeting today and yesterday. The second day of the AC meeting at the EPO is now over and also both protests (the second protest took place today in The Hague). We have photos from The Hague and we decided to blur faces in respect for anonymity and defense from retribution. The EPO is officially a scary place to work in, with as many as three staff representatives at The Hague now under attack from Battistelli and his goons.
The EPO, stubbornly maintaining its culture of secrecy and denial, has said nothing about the meeting or the protest today. Nothing at all. As usual, it’s just pretending nothing at all was happening and instead distracting with: “Just a few hours left to submit your nomination for this Award. Have you made your proposal yet?”
Give another award to Elizabeth Holmes. It would be compatible with the EPO’s values.
“Give another award to Elizabeth Holmes. It would be compatible with the EPO’s values.”Incredible lies from the EPO have meanwhile been disseminated in its Web site [warning: epo.org link]. The title is “EPO Social Conference: Discussing the way forward for the Office” and it says: “The studies and the feedback obtained from the conference will now be discussed with the different stakeholders in various EPO fora, starting with the Administrative Council in its October session, currently underway.”
These are not “studies”; these are utter lies, or paid-for propaganda intended to bolster an agenda. We wrote about these before. “The 1st Social Conference in EPO’s history attended by 350 staff members & thousands watching online,” the EPO wrote in Twitter. It did not say that it was denying access of those whom the so-called ‘studies’ are about, e.g. SUEPO. Excuse the staff while they take a moment to puke…
In the next few parts we are going to remark on the content and outcome of the AC meeting. Before we get to that, however, we would like to send a message to all EPO staff.
“Nobody benefits from it; the examiners hate it, the applicants don’t get a good service, and the public will pay for it through the nose.”With EPO management rushing to just grant crappy patents as fast as possible they will have run out of patent applications within a couple of years. What happens then? Just filing/registration? Will patent responsibilities fall under EUIPO (EU), which is inherently different? Some people speculate about it. Remember that rushed patent examination leads to errors. Wrong grants would cost Europeans plenty of money and wrong rejections would cost real inventors plenty of money and frustration. That’s injustice. Nobody benefits from it except perhaps patent law firms, which benefit financially irrespective of the outcome (good or bad, or both in turn).
Today’s EPO has become a sham. Even EPO insiders recognise this and they are trying to fix or salvage what’s left of their employer. People with a Ph.D. in a particular field of science joined the EPO to examine/assess/review, not just rubberstamp old documents. Depression sets in when they feel as though they work in a production line with unattainable/unrealistic quotas. Nobody benefits from it; the examiners hate it, the applicants don’t get a good service, and the public will pay for it through the nose.
“The venue, The Hague, has a special importance to it.”EPO workers should work towards stopping Battistelli; he is doing enormous damage not only to the Office but also to the whole of Europe, to science, and to the European Union (unity). He has already stigmatised Europe or European institutions as snobby, aggressive, dismissive of the law, incapable of delivering justice, and apathetic to democracy, law and order, privacy, and a plethora of other things. It’s not about the EPO anymore; it’s not about labour rights either; it’s not about international institutions; there is a lot more at stake, including the desirable unification of Europe and the advancement of science and technology. Eponia, as a victim of circumstances, became a major battleground over the future in the epicentre of Europe (the echelons or the likes of the UN). The venue, The Hague, has a special importance to it. █
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Posted in Deception, Europe, Law, Patents at 8:48 pm by Dr. Roy Schestowitz
Throwing everything that’s left (time and money) at the problem in order to throw democracy away and thwart the law
Summary: The lack of respect for the law, for democracy and for patent scope (quality control) at the European Patent Office has become incredibly difficult to ignore
SOFTWARE patents promotion at the EPO has gotten so bad that it was done twice in one single day. Their official and verified account said “This e-course teaches you all about the patentability of computer-implemented inventions at the EPO” and also said “We will be discussing practice & jurisprudence in software-related patents in Europe & India at this event” (as a reminder, software patents are verboten both in India and in Europe).
“The EPC and the European Parliament are against this, but evidently, under Battistelli in particular, patent scope is out of control and this kind of overt lobbying has become routine.”This was done again for the third time within 24 hours. The EPO openly promotes loopholes for patenting software. The nerve…
It’s a repeat of the above: “This e-course teaches you all about the patentability of computer-implemented inventions at the EPO…” (link to the EPO’s Web site).
Why does this matter? The EPC and the European Parliament are against this, but evidently, under Battistelli in particular, patent scope is out of control and this kind of overt lobbying has become routine. It’s almost becoming a banality. We wrote about this several times last month. The “EPO’s knowledge & expertise” is leaving in droves nowadays (we have reported massive, unprecedented brain drain over the years), yet here again the EPO brags about its “knowledge & expertise”. Who are they trying to kid? Preaching to the converted?
One main problem is, if UPC schemers got their way, a lot of the above would have become easier. Software patenting will be brought to Europe by the UPC, but only if Battistelli gets his way… it would not just be a disaster to software developers but to every single user of software. The consequences would be horrific and devastating. The US, where software patents are ubiquitously used by patents trolls, is a cautionary tale.
“Software patenting will be brought to Europe by the UPC, but only if Battistelli gets his way…”We hope that EPO staff understands why we have opposed the UPC (and its predecessors) all these years. Not much has changed except the name (now it’s “unitary” and “unified” rather than “EU” or “community”). Rebranding never changed the substance and politicians including Battistelli lied about it all along.
Here is a new article from a lawyers’ site. It’s titled “What Does Brexit Mean for the Planned Unitary Patent System in Europe?”
Here is what it says (behind a paywall unfortunately, so only the patent microcosm — those paying for subscription — would be able to read and/or scrutinise it):
The Unitary Patent System and Unified Patent Court had been predicted to come into force in 2017, and it promised to be the biggest change in European patent practice in almost 40 years. Has Brexit killed the whole thing?
In a nutshell, yes! UPC is going nowhere. Does that mean that British members of Team UPC will give up? Of course not. The Corbyn-led Labour party would have no interest in the UPC (see its position on TPP) and should bury the UPC, but watch how Bristows LLP spins that. Another example of selective quoting and misinterpretation or misrepresentations, quoting other members of Team UPC as ‘proof’ of widespread support for upcoming changes? Also see this new one from Bristows LLP (aka Bristows UPC, for marketing purposes). This firm has just published not one but two UPC propaganda pieces. Shame on Bristows for attacking both British and EU democracy. What does that say about Bristows?
Another LLP, this time Pillsbury Winthrop Shaw Pittman LLP, joined in this non-stop UPC propaganda (obviously from patent law firms that stand to gain from the UPC).
“The UPC would be bad for SMEs all across Europe, not just in Britain. Every European citizen should be out in the streets protesting against it, for the same reasons CETA/TPP/TTIP/TISA etc. are widely protested against.”They know a deadline is coming up and the UPC would likely die soon, if not officially in the UK then in the whole of Europe (unless it’s renamed again and repackaged with replacement/s for London). The UPC would be bad for SMEs all across Europe, not just in Britain. Every European citizen should be out in the streets protesting against it, for the same reasons CETA/TPP/TTIP/TISA etc. are widely protested against.
Milan has been mentioned as a likely replacement for London and watch this new tweet from the EPO: “Patent professionals in Italy are welcome at this event,” it says. Notice the interesting choice of venue. █
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