05.28.16
Posted in Europe, Patents at 9:02 am by Dr. Roy Schestowitz
Summary: Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam
JUST before the weekend we mentioned the 'Nigerian' scam (E-mail pleas for funds) that the EPO had become a victim of, which is curious as the EPO, over at its Twitter account, warns people like applicants about bogus requests for payments (while the EPO itself falls victim to that). We saw that about half a dozen times in recent months alone. Speaking of the EPO’s Twitter account, the EPO’s PR people are working weekends again (this one is from today, Saturday) and for 3 days in a row now the EPO promotes the UPC over at Twitter (not hiding the agenda and its meddling beyond its scope of authority). No sense of integrity there. We are frankly not sure who’s worse, the scammers or the EPO’s management whose abuses cost a lot more money.
“Here is the story behind Jesper Kongstad “Nigeria-Fraud”,” one person told us. It’s actually a translation of an article we mentioned the other day. “Remember this article in the Danish press,” this person asked us, “Nigeria-Svindel – Jesper Kongstad” (article in Danish).
“Well, here is the translation into English, so let’s call it the (official) story…”
The DKPTO is ended up in an embarrassing situation after a ‘managerial employee’ was tricked by a sham-mail and transferred 900.000 EUR to a Chinese bank. Even though the money were returned to the DKPTO in the end the director JK is aware that something has to happen as a consequence of the embarrassment.
On 11 May this year a ‘managerial employee’ of the DKPTO, which is arranged under the Ministry for Trade and Growth, was targeted by a so called ‘CEO FRAUD’ -sham.
The employee got a mail from a person who pretended to be the director of the DKPTO, and the mail stated that the director wanted a transfer of 900.000 EUR to a Chinese bank for purchase of shares in a Chinese company – all done with discretion.
Following that the employee had exchanged mails with the person pretending to be JK, a transfer of the considerable amount of 900.000 EUR was arranged.
Only two days later when the fake director again contacted the DKPTO in order to have another 900.000 EUR transferred to a Chinese bank, the employee became suspicious and contacted his superior who contacted the director [JK].
Internal investigation
The money were returned few days later with the help of the police and the ‘Danske Bank’. But, important damage had happened which is basis for investigation by the police and internal investigation in order to understand how the DKPTO could be tricked by what in general is known as a ‘Nigeria-mail’ – though an extremely sophisticated specimen.
Right now status is that we are in the middle of an investigation. We have lawyers working on the investigation and the police is involved. The first couple of days we were busy recovering the money but now we are going to have an investigation of how it could end up so wrong says JK to BT.
How could it happen that a managerial employee was tricked by what many knows as a sort of Nigeria-mail?
The core problem in this situation is that control can be put in place but if the employees are not sufficiently attentive mistakes can happen. Right now I focus on the personnel. Con-persons like in this case are becoming more and more sophisticated. It is possible that we should have realized that something was wrong in this correspondence, but it was carried out in a really smart way. Technically seen the resemblance was very good and the persons behind had done an elaborate job. They had written the mail in a manner similar to how I write, explains JK, who also explains that the mail was written in Danish which means that the mail distinguishes itself from most sham-mails that end up in the in-tray of ordinary persons.
We do not know who is behind
When you say that they had copied both the technical characteristics and the way you write, do you then suspect that it relates to something internal at the DKPTO or someone who knows you?
Right now the police is carrying out an investigation so I cannot say before we know more, but I do not think that it is something internal. And, we do not know who is the person behind.
What are the consequences for the managerial employee?
This is a personnel issue and I will not comment on that.
What will be the consequences for the DKPTO?
Even though we managed to have the money returned we have had a slap in the face. And, it will result in increase of control among other for transfer of money, such that in the future three signatures will be needed instead of two. I have been in contact with our IT-technicians who say that nothing can prevent mails like the one the employee received. And, it is not certain that anything can be done concerning the procedure. So, it is about the human factor where we have to improve in spotting when people try to trick us. And, these people who try to trick – not only us – are at least as skilled as we are or even better.
The key point here, the intelligence of the EPO (and DKPTO) should come under scrutiny. █
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05.26.16
Posted in Europe, Patents at 8:20 pm by Dr. Roy Schestowitz
Source: Reporters Without Borders
Summary: BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk
LAST year we wrote about BlueCoat’s relationship with the EPO. Some people already know about this, but some do not. BlueCoat is (or at least was) used to spy on EPO staff and censor EPO staff, as we first suspected quite a while back (this was later confirmed to us). We gave some background regarding BlueCoat at the time. It’s militarised, just like Control Risks. There are many militaristic elements to the EPO under Battistelli and it’s getting worse over time, to the point where one paranoid man in a suit has half a dozen bodyguards, costing a fortune.
“There are many militaristic elements to the EPO under Battistelli and it’s getting worse over time, to the point where one paranoid man in a suit has half a dozen bodyguards, costing a fortune.”“Please spread this really bad news which I read on Twitter,” wrote to us one person earlier today. It’s a reliable source.
“BlueCoat,” we’re told, “the company making TLS MitM equipment allegedly used by govs [AND EPO] to violate human rights, now has a REAL UNRESTRICTED CA.”
“Please spread this really bad news.”
“BlueCoat is used by the EPO to filter web traffic (at least it was in 2013/2014),” our source told us. This is something that we were able to verify independently. “From now on all these people (bastards) can intercept (as Man-in-the-middle, MitM) and read (possibly) without that you even notice also https:// traffic because your browser will trust them, because they have a real unrestricted certificate -like your bank, and so on.Please spread this really bad news.
“Here are some links.”
This now-deleted tweet said: “network interception device manufacturer granted a Certificate Authority able to MitM HTTPS on any computer.”
“Remedy,” we’re told, “partially, but perhaps not for unlucky sheep in the office,” is this. “Here’s how to untrust it,” apparently believes our source, although that in itself may arouse suspicion from within the Office. This may have gone on for quite some time because, to quote the blog post: “This month an interesting one popped up, generated apparently in September 2015: “Blue Coat Public Services Intermediate CA”, signed by Symantec. (No certificates signed by this CA have reached the CT logs or Censys so far.)”
Staff representatives of the EPO, albeit besieged and suppressed, might wish to report to European authorities which kind of parties the EPO is associating itself with. Under Battistelli, in the widely notorious Eponia, human rights are respected no more than in Bahrain. █
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Posted in Europe, Patents at 7:52 pm by Dr. Roy Schestowitz
Megalomania and paranoia are not so far apart
Summary: Battistelli is wrecking what’s left of the EPO’s reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime
IN SPITE of an effort to keep a low profile, the EPO is receiving unwanted attention from European TV, from European politicians, and even Croatian authorities. There’s more on the way, based on our sources. In the mean time, judging by this article from earlier today, patent scope at the EPO comes under fire again. To quote:
In May, a record 65,000 people from 30 countries and 32 organizations have backed the complaint issued to the European Patent Office due to the approval of a Syngenta tomato discovered in South America and cultivated by traditional methods.
The tomato was accepted as an “invention” in August 2015, with patent EP1515600, which further describes a “flavonoid pathway in the production and domestication method of the tomato.” This gives the Swiss company Syngenta the power over all plants with the characteristics mentioned, including seeds and even fruits and foods derived from them.
“This so-called “invention”, however, is simply a crossing of tomatoes originating in Peru and Chile, with varieties currently grown in industrialised countries,” said via email to La Gran Época María Carrascosa, of the association Red de Semillas, which joined the international coalition “Against patents on seeds”.
There should be similar movements against software patents at the EPO. This relates to the UPC and we are aware of organisation against it (work in progress apparently).
Regarding the presidential bike story (updated thrice by now), one person asks: “Why would an (alleged) tampering with brakes matter at all? I can’t imagine BB [Battistelli] braking for anyone or anything…”
There is now even a whole article about it, published earlier today at The Register. To quote some bits: “Every CEO knows it’s impossible to be universally liked. But when staff start cutting your brakes, maybe it’s time to consider moving on.
“The president of the European Patent Office (EPO), Benoit Battistelli, has already been on the receiving end of an official censure from his board, a series of strikes, several highly critical news reports, and a zero per cent confidence rating. But an announcement sent to all staff on Wednesday topped the lot.
“”Deliberate damage to personal property of the President,” read the subject line in an email sent from EPO vice president Željko Topić and seen by The Register.”
Here is a new fact. Battistelli apparently has nothing short of six (6!) bodyguards now. That’s insane and no wonder it's so expensive. To quote: “That’s not all. According to reports, the EPO has recently hired no fewer than six bodyguards to provide “close protection” of Battistelli for six months for the princely sum of €550,000 ($615,000).
“The irony of the EPO paying hundreds of thousands of euros to protect Battistelli from his own staff while cutting the salaries and benefits of staff representatives that stood up to his reorganization plans has not been lost on people.
“Incredibly, however, despite an ever-increasing outcry against Battistelli and his executive team and several meetings of the EPO’s Administrative Council focused solely on how to overcome the breakdown in staff-management communication, Battistelli is still refusing to budge an inch.
“Despite being told to fix the situation and scale back the problems in March, Battistelli has instead proposed reforms that have angered staff even more. They are now planning yet more protests to take place during the organization’s annual PR showpiece, the EPO European Inventor Award in June.”
“It is worth explaining that EPO has been granted sovereignty status by the European Commission, hence no local laws apply and its president has status almost equal to that of a head of state (totalitarian one).”
–AnonymousThis is very negative publicity for the EPO. “The EPO Also Ranks No. 1 in Having the Most Unpopular President,” wrote Patent Buddy, perhaps alluding to the IAM nonsense (also published earlier today).
Looking at some of the comments on this article, there is no sympathy at all for Battistelli. One person says: “There’s a line in HHGG about “waiting for the right…price”. I’d sack the whole board as well, they are supposed to ensure that situations like this never occur.”
Another comment says: “It is worth explaining that EPO has been granted sovereignty status by the European Commission, hence no local laws apply and its president has status almost equal to that of a head of state (totalitarian one).”
The number of bodyguards is then brought up: “SIX bodyguards?
“I assume that means he has 24×7 protection and more than one bodyguard much of the time. Apparently they’re worried about a team coming after him, not a single disgruntled individual.”
Many jokes ensued, e.g.: “Good job no one tried to kill the VP
“I mean if he needs bodyguards surely a bicycle isn’t an option.”
–Anonymous“That would be going off Topic”
Here is another joke: “Do the bodyguards have bikes too and how exactly would that work?
“Do they flank him either side? Follow from behind at a safe distance?
“I mean if he needs bodyguards surely a bicycle isn’t an option.”
Finally: “From now on, he’ll probably use a bullet proof bicycle.”
There is more coming Battistelli’s way in the negative publicity sense. The harder he tries to paint himself as a victim, the worse it gets for him. █
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Posted in Europe, Patents at 7:30 pm by Dr. Roy Schestowitz
Summary: An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO
THE EPO‘s management is receiving unwanted attention again. Recent Italian TV coverage, which we last mentioned yesterday, focused on the value or lack of value of EPO patents. It also featured EPO staff representatives like Hardon and mentioned Techrights material like this.
Below is the English translation of the transcript of the program. It’s just the part related to patents, to paraphrase the translator, or more precisely the few parts related to the EPO. Our contributor translated only the excerpts about the EPO and UPC. This contributor also put the timings corresponding to the video as streamed in this original link. █
Report 15-5-2015 “La guerra dei brevetti” (The war of patents)
By Paolo Mondani
Collaboration with Cataldo Ciccolella
Introduction on the web page with the video
(http://www.report.rai.it/dl/Report/puntata/ContentItem-52eb23d7-fcb8-4fe0-af49-50cdf7a9d8ac.html):
A world war is on, but with no bombs and no tanks: it’s the war to grab and protect trademarks and patents. In the field are multinational corporations and small inventors, investment funds, universities and above all, legions of lawyers. Even the movement of two fingers to zoom in a picture on the smartphone: Apple and Samsung have been heavily beating on each other in Tribunals to establish who invented it first. Behind a certificate, which says, “I invented this”, there are years of research, mazes of bureaucracy, money. We are going to see how EPO works, its central seat in Munich, the European institution which grants patents: the president Benoit Battistelli is at the centre of polemics for his relations with the employees, and what’s more – in spite of being an excellence – EPO is not subject to external controls, with all the risks that this brings along.
Report will also relate about the difficulties of some Italian enterprises, as for the inventor of the “Tutor” (a speed limit control system) in a legal battle against “Autostrade” (enterprise for Italian motorways) for establishing who really has the rights for the idea.
Also the Renzi administration has realized the importance of patents and trademark and for this reason has started a “patent box”, a fiscal discount to make inventors desist from going abroad. Who knows if Ferrari, the most important Italian brand in the world, will decide to export its rights in the Netherlands, where it already has taken a seat for its holding, or if it will remain in Italy. Finally, this enquiry will show what is the impact of patents on the national health system and in the pockets of patients, starting from the battle for the pricings for a pharmaceutical anti-hepatitis C.
- Translation of the audio transcript for five excerpts concerning the European Patent Office.
Excerpt 1: 00:00 – 01:17
Introduction:
Milena Gabanelli in the studio:
Good evening! Mafias are changing skin, and how are we fighting them? We’ll see about this, after the enquiry of today, which will lead us into the world of patents. You got a brand you register it, you got an idea you protect it. But that is not all said, because an industry of counterfeits, as for instance in the world of pharmaceuticals, is operating without a face. And around paper documents extremely violent legal battles arise, often fought over a comma or the slightest pretext. For example, this thing (she shows it on the screen) is called “Pinch to Zoom” and it has been fought over by Apple and Samsung for billions. One invents it, the other copies it, and if you can commercialize it anyway, you might still have to pay one million back, but if you made a 5 millions gain, it was still convenient. Who makes more profits from royalties of their inventions in the world, compared to what they pay for inventions from others, are: USA, Japan, Germany. And how about us, people of inventors? And who rules patents in Europe instead? It’s this mister (she shows Battistelli’s picture on the screen), who is the president of an institution that has almost the independence of a State. Now to our Paolo Mondani.
Excerpt 2: 16:56 – 19:04
Paolo Mondani – voiceover
While we are putting at stake the patents of Italian chemical industry, those who decide are in Munich. Single inventors and small and larger enterprises file here their patent applications for 38 European countries. The EPO, the office where 7000 engineers are employed, examines them and finally grants or refuses the patent. It takes 4 to 5 years. The problem is the cost of it.
Patent Examiner at the European Patent Office – Munich
Well if we add up all the costs including translations, the legal representations and our procedure, we’re about, let’s say, 50thousand €. Then you have to pay some thousands of euro for keeping the patent alive each year.
PAOLO MONDANI
And do you have a favourable attitude towards larger enterprises who send their applications here?
Patent Examiner at the European Patent Office – Munich
Not from our side, as examiners. But I cannot hide that we were rather astonished when recently the management has decided to establish some resources dedicated as an interface with larger enterprises.
Roberta Romano-Goetsch – Principal Director at EPO
But that is an offer that is available to any applicant and any representative.
PAOLO MONDANI
So I should not be malicious and think that you prepared a preferential lane for corporations…
Roberta Romano-Goetsch – Principal Director at EPO
No. No.
PAOLO MONDANI
Well, because actually I read an internal document, of 2015, where it reads that Canon, Philips, Microsoft, Qualcomm, BASF, Bayer, Samsung, Huawei, Siemens, Ericsson and Fujitsu will enjoy a preferential lane on patenting. What does that mean?
Patent Examiner at the European Patent Office – Munich
On the paper it is just a kind of “dedicated assistance”, but in substance it is not like that. It’s them who bring us real money, and for that reason they will get more attention.
Paolo Mondani – voiceover
Small inventors do not seem enthusiasts of the European patenting system. Sergio D’Offizzi is an engineer that has been working for (Italian enterprises) Enel and Sogin in the safety of nuclear power plants.
……………
Excerpt 3: 20:05 – 20:38
Paolo Mondani – voiceover
Please, where did you file your patent application?
SERGIO D’OFFIZZI – former manager at Sogin.
I filed it in the USA and China, from where I could get a notification in 2014. Being European, I also filed it at the EPO, and it’s nine years that I am still waiting, I’m not saying for an answer, but at least for a notification about where my invention will ever get.
……………………
Excerpt 4: 21:56 – 22:29
PAOLO MONDANI
When did you patent the “reflexometer”?
GIORGIO MARCON – Technical legal consultant for Tribunals
In 2013 I started submitting the documentation, having started 3 years before all the procedures to develop all the rest.
PAOLO MONDANI
And did you finally get a patent?
GIORGIO MARCON – – Technical legal consultant for Tribunals
End of 2015
PAOLO MONDANI
And why did you not file it also at the EPO in Munich?
GIORGIO MARCON – Technical legal consultant for Tribunals
Exactly because I knew that there are some deceptions behind the patenting, and not a protection of the patent.
PAOLO MONDANI
Which deception? What are you suspicious about?
GIORGIO MARCON – – Technical legal consultant for Tribunals
In essence, the information is leaked, it goes to industries who then can speculate.
……………………
Excerpt 5: 23:40 – 31:31
PAOLO MONDANI
Where did you get it patented? At the EPO in Munich? (Asking an entrepreneur about his patented compass system)
SERGIO SULAS – Enterpreneur
Yes, then in ten European countries, then in the USA, Australia and New Zealand. In my experience I could see that in the USA it is more difficult to patent, but smaller enterprises have it easier. And there are some advantages that the European system does not offer.
PAOLO MONDANI
For instance?
SERGIO SULAS – IMPRENDITORE
It is 15 to 20 times less expensive.
Milena Gabanelli in the studio
We also have a Patent Office in Italy. You go there only if you want to patent only in Italy. The highest waiting time is 2,5 to 3 years – depending from complexity – the costs are about 5000 €, plus a yearly fee for each year of patent life. For those who go to Munich (EPO), time can be longer. But between filing and obtaining the patent, the costs can reach 50.000€. Is it too much? Is it too little? It depends from the success of the invention. But that does not mean that once you have the patent you’re safe, because often a larger enterprise comes up and says “You stole part of that idea from me!”. And even if that is not true, they can just arrange a whole legal battle, most expensive and that takes forever, so if you are big enough, you line up all your own lawyers, but if you are small you can only handle on royalties for a possible future development, or you simply sell the patent to them, usually at the price that they decide and goodbye.
Some commercials now, then we’ll be back to Munich, to the Patent Office there, where, according to those who work there, they have the same freedom of opinion that you get in North Korea.
(After the commercials break)
We’re back again. We’re talking about patents and we are going to see: a battle between a man who says he invented the “Tutor” (Speed Limit Control) and the “Autostrade” (enterprise for Motorways in Italy) who says the invention was actually anticipated by Galileo; Universities are incubators of ideas, the Sapienza University (Rome) will have its ones managed by Mr Carrai, the consultant of the Italian Prime Minister, then we’ll see the most complex problem, which is about pharmaceuticals. What is the border between the need of saving human lives and the need of refund the expenses for research first and then of making profits? Well, but first let’s got back to the office in Munich (EPO) where patenting is too expensive, as everybody says, but truth is that in this office made of glass, you really cannot see anything.
PAOLO MONDANI
EPO is not controlled by the European Union, up to the point that you are an extraterritorial institution, with particular guarantees of immunity. But who is controlling you then?
Examiner at the European Patent Office – Munich
In theory member states should do it, through their representatives in the Administrative Council, but it happens more than often that these make agreements with Battistelli on specific points: you give something to me, I give something to you. You know, a bit like what was happening at FIFA with Blatter.
PAOLO MONDANI – voiceover
In front of the building in Munich, also the employees say that the president, Benoit Battistelli, administrates EPO in an obscure way.
ELIZABETH HARDON – Unionist at EPO
A month ago we have been dismissed, Jon and I, and Malika has been downgraded. We were asking for more transparency and a control on finances of EPO. This is the reason why the president has zeroed on us.
PAOLO MONDANI
Corruption cases here at EPO?
Examiner at the European Patent Office – Munich
Not if you mean like getting ten thousand euros in an envelope. But you know, at times the exchange of favours may mean a jump in career steps, the obtainment of a position of power or prestige. To a manager this can be granted in change of making a patent application fly.
PAOLO MONDANI
EPO makes 2 billions € a year. What do you do with all this money?
Examiner at the European Patent Office – Munich
There is no transparency on how it is being used. We don’t even know how much the president gets.
ELIZABETH HARDON – Unionist at EPO
Today we oppose the reforms of the President, which are infringing freedom of association, freedom of speech and our privacy. And we’ll keep protesting until the office won’t return to its function of servicing European citizens rather than the careers of some megalomaniac manager.
Examiner at the European Patent Office – Munich
Please consider that we have to make a request to strike or for having discussions among us. And if the President says no, well, we can’t do it.
PAOLO MONDANI – voiceover
Mauro Masi is member of the Administrative Council of EPO since 2006. What do you think of Battistelli’s methods?
MAURO MASI – Italian delegate at the Administrative Council of EPO
Battistelli behaves in a way, (that) he respects all formal rules of EPO. The issue is whether such rules are still valid or should be changed. In my opinion they should be changed.
Examiner at the European Patent Office – Munich
They had newspapers writing articles in which we’ve been described as a bunch of spoiled engineers, earning 8000€ a month who dare asking freedom to strike.
PAOLO MONDANI
Well, 8000 a month seems an huge sum to me.
ESAMINATORE UFFICIO EUROPEO BREVETTI – MONACO
Yes, but it is a work of highest quality and we are paid also for not being corruptible.
PAOLO MONDANI
EPO does not depend from Europe, it’s not part of European Union. It is a private institution, you even enjoy immunity. But who’s controlling you?
ROBERTA ROMANO-GOETSCH –Principal Director at EPO
Representatives of the member states compose our administrative council, which is also our legislator, so to say. Therefore it’s them, our administrative council. Then we have also a commissioner from the European community, who is an observer inside the administrative council.
PAOLO MONDANI
But, let’s say, don’t you have a supranational body, or any authority independent from the administrative council, that could perform a control on your activity?
ROBERTA ROMANO-GOETSCH – Principal Director at EPO
No.
PAOLO MONDANI – voiceover
The patent office in Munich is an anomaly, yet as such it will be responsible for the unitary European patent, where English German and French will be allowed as languages.
RENATA RIGHETTI – President of “BUGNION” – Industrial Property Consultants
The unitary patent is an intellectual property document covering all 28 countries of the European Union. This is its intention, seen in terms of homogeneity of the Country Europe. Various states have joined little by little. Initially Italy and Spain remained outside of it, but now only Spain is out of it. The unitary patent cannot enter into force until the Unified Patent Court won’t enter into force. The UPC will have jurisdiction on all appeals, on infringement, on counterfeits or related issues, concerning the unitary patent and the European patent in general.
PAOLO MONDANI
Unitary European Patent, five seats: Munich, Berlin, The Hague, Brussels and Vienna. Three languages: German, French and English. Three seats for the Unified Court: Paris, London and Munich and a Court of Appeals in Luxemburg. Italy will be good just for the holidays.
MAURO MASI – Italian delegate at the Administrative Council of EPO
These choices are ratified by single parliaments, therefore at a higher level, Politics with a capital P. So about that, you have to ask at that political level.
PAOLO MONDANI – voiceover
The parties of the coalition of the Renzi government have approved the unitary patent with a majority. With the new patent, the small and medium enterprises will have fewer expenses, but won’t be the larger enterprises, those who’ll get most advantages?
RENATA RIGHETTI – President of “BUGNION” – Industrial Property Consultants
Oh well…. Yes, I believe this is a legitimate doubt. It is legitimate because a legal lawsuit to protect one’s own rights for a patent before the Unified Court will be much more expensive than what it is today, one can easily imagine.
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Posted in Deception, Europe, Patents at 9:30 am by Dr. Roy Schestowitz
Like asking Les Echos about the EPO amid ceremonial distractions where a lot of money changes hands
Reference (investigating oneself)
Summary: IAM ‘magazine’, a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that’s clearly not the case
THERE IS a lot to distract with and distract from right now at the EPO. There is also a huge marketing budget (almost a million dollars, €880,000 to be precise, spent on ‘outside help’ from a firm that pays IAM 'magazine').
“Very limited sample sets in such a survey are bad enough; what’s worse is that they’re all self-selecting readers of a pro-EPO site, so how reliable can that be?”The EPO’s lobbying for the UPC is now a daily thing and Mr. Battistelli has a good (effective) propaganda rag in IAM, which has just come out with this nonsense, choosing a pro-EPO angle right there in the headline, a sort of odd cherry-picking of data. “The result repeats the one the office achieved in last year’s survey,” it says, but remember that the EPO has a recent history of ‘spamming’ to game/prop up its own polls [1, 2].
“We received over 600 responses in total,” says IAM several paragraphs down (this is not emphasised because this number is relatively low). There are more than 10 times that number in EPO staff alone. Very limited sample sets in such a survey are bad enough; what’s worse is that they’re all self-selecting readers of a pro-EPO site, so how reliable can that be? Probably as reliable as a Facebook investigation into its own censorship of trending topics or a Pentagon probe of its own war crimes (hence the reference above).
“With help from FTI Consulting, CRG and apparently bodyguard/security agencies (secrets contracts, passage of great wealth to private hands) the EPO is no longer a patent office but increasingly a thuggish propaganda agency that goes aggressive on anyone who dares to question the propaganda.”This is something that people have become accustomed to but are not prepared to accept. The EPO is a malicious organisation that admits there is a crisis due to the management. Will people start complaining to their delegates about alleged 'buying' of votes by Battistelli or do people need more evidence? An internal audit won’t do. As one person put it earlier today, “show me the detailed proposal and concrete proof that it will be put before the AC and I will see what I can do about my complaining to my country’s representative to the AC.”
Do not ever trust anything that EPO management says, whether it's about bicycles, weapons, Nazis, or even so-called ‘results’ [1, 2, 3]. With help from FTI Consulting, CRG and apparently bodyguard/security agencies (secrets contracts, passage of great wealth to private hands) the EPO is no longer a patent office but increasingly a thuggish propaganda agency that goes aggressive on anyone who dares to question the propaganda. █
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Posted in Microsoft, Patents at 7:41 am by Dr. Roy Schestowitz
Nokia still a piece in Microsoft’s patent stacking strategy against Android
Image from BusinessKorea
Summary: Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft’s favourite patent trolls to pick
SEVERAL readers have sent us links regarding the latest passage of Nokia patents by Microsoft, having already seen how Microsoft feeds Google-hostile trolls using Nokia’s patent portfolio. These links have been sent to us for over a week and we can no longer ignore the subject, despite the fact that we try hard not to cover Microsoft (there are more pressing issues like the EPO). This article is an accumulation of news about Microsoft and Nokia, including the patent angle that the media overlooks, as usual.
Microsoft is fully aboard on a marketing campaign and it is still in a major war against Linux. Anyone who doesn’t see it probably pays no attention to patents. As Benjamin Henrion put it earlier this week, “Google, Facebook, Microsoft and others hardly pay any taxes in any country, with patent boxes and other tricks.”
“Microsoft does not think it needs to obey the law. It never really did. Bill Gates already got arrested as a youngster, but as a child of very rich parents he quickly got bailed out.”The Patent Box trick was covered here before. It’s one classic way to evade tax through patents (as loopholes) and IAM published ‘sponsored’ ‘content’ about this the other day, titled “The Patent Box is changing shape”. Recall Microsoft’s tax avoidance (it was found guilty in a court and the IRS now goes after it, however belatedly) and consider the fact that Microsoft hardly cares about the law. Microsoft does not think it needs to obey the law. It never really did. Bill Gates already got arrested as a youngster, but as a child of very rich parents he quickly got bailed out.
Microsoft hardly matters in mobile. It never really mattered. It was companies like Nokia with Symbian that dominated the market. Regarding this article from a Microsoft booster, iophk wrote to tell us: “Aside from its role in killing Nokia, Microsoft was never a player. And statistics say otherwise about iPhone vs Android market share.”
Yes, it is disappointing to see some of the claims put forth by Microsoft boosters in ‘journalist’ clothing. They are trying to rewrite history regarding Microsoft and mobile and also misplace the blame for Nokia’s demise. As one person put it earlier this week: “#Microsoft #mobile cutting 1350 people in Finland + 500 globally, killing #windowsphone #wp So this was Microsoft’s mobile first strategy.”
It was a failed strategy, but Microsoft refuses to admit this and would quite likely resort to a strategy of revisionism. Watch Microsoft’s CEO and the mole (Elop) in the photo used by Microsoft Peter. Will the world remember that it was Microsoft’s Elop who killed Nokia?
The Helsinki Times wrote: “The network equipment manufacturer confirmed that it will trim its headcount in the country by 1,023 as part of a global, almost one-billion euro cost-cutting programme aimed at achieving the synergies arising from its recent takeover of Alcatel-Lucent.”
Gizmodo has chosen the headline “Microsoft Is Demolishing Its Smartphone Business” and said: “A week after selling off its feature phone division, Microsoft has announced that it’s also “streamlining” its smartphone hardware business, cutting 1,850 jobs in the process.”
“Will the world remember that it was Microsoft’s Elop who killed Nokia?”These are more Microsoft layoffs, which oughtn’t be attributed to Nokia because Nokia was killed by Microsoft after Microsoft had infiltrated it. Initially, the Finnish press reported a different number, e.g. “Nokia to cut 1032 jobs in Finland”. To quote: “Networks giant Nokia has slightly lowered the number of employees being made redundant in Finland from April’s estimate of 1300. About half of the jobs being eliminated are in Espoo, with about a quarter each in Oulu and Tampere.”
Later on came the headline “Microsoft to cut 1,350 jobs in Finland” and whatever the real number is, we know from experience that Microsoft disguises many of its layoffs using a variety of tricks, so the real number is probably a lot higher. As CNET put it: “The company announced Wednesday that it would be axing 1,850 jobs in addition to the 4,500 job cuts that were announced last week, along with the sale of its feature phone business.”
It is getting hard to keep track of the numbers, but considering all the loopholes (like temporary employees and contractors), assume the real number of laid off staff to be much higher albeit hard to verify.
The Australian media says this will cost Microsoft a billion (probably more in reality). To quote: “Software giant Microsoft appears to have all but thrown in the towel on its disastrous mobile phone experiment, announcing a US$1 billion restructure of its smartphone hardware business with the loss of 1850 jobs, most of them at the former Nokia plant in Finland.”
“It is getting hard to keep track of the numbers, but considering all the loopholes (like temporary employees and contractors), assume the real number of laid off staff to be much higher albeit hard to verify.”“Good riddance,” iophk told us. “Now how can they be reconditioned so as not to be a liability for society, which they will be if they continue to spread Microsoft?”
Yes, there’s a growing danger of entryism by Microsoft in Finland.
Microsoft ended up killing Nokia after Nokia had worked on Linux (which was created by a Finnish man) and now this is costing Finnish taxpayers (i.e. economy) a lot of money. Consider the report “Government ministers pledge to help laid-off Microsoft workers” which says: “The Minister of Economic Affairs Olli Rehn and Minister of Justice and Labour Jari Lindström said that the government would help the 1,350 workers in Finland who are scheduled to be laid off by the computing giant Microsoft.”
This sounds like corporate welfare for thugs.
“Again,” iophk wrote, “it is the taxpayers who are left holding the bag.” With its back doors (for NSA at al) Microsoft cost economies trillions (some estimates circa 2010). How much more can the world tolerate? Imperialism/espionage by Microsoft and those whose offensive spying it actively facilitates? Even near the Russian borders, where such activity can invoke brutal retaliation?
So Microsoft killed Nokia and everyone but Microsoft is expected to pay the price now?
“Microsoft is a ruthless company that won’t tolerate Android, not without it becoming a Microsoft cash cow somehow.”What about patents? Well, see this report from IAM. It says: “HMD Global is reportedly owned by its own management team – which includes several former Nokia and Microsoft executives – and private equity fund Smart Connect LP. This latter entity is managed by another Nokia alumnus, Jean-Francois Baril, who served as senior vice president and chief procurement officer for the Finnish company from 1999 to 2012.”
According to press releases we were shown, patents too (including software patents) were passed, so we might know quite soon if the gutting of Nokia is a way to ensure Android gets heavily taxed (at OEM level) in the patents sense. This is what Microsoft has basically been doing to Android for over half a decade, including through Nokia (we gave several examples in the past). Microsoft is a ruthless company that won’t tolerate Android, not without it becoming a Microsoft cash cow somehow. █
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Posted in Europe, Patents at 6:41 am by Dr. Roy Schestowitz
It’s not looking promising for people at the top, especially the ringleader and his right-hand man
Summary: Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe
THINGS are heating up at the EPO. It’s not just about that (updated twice) bicycle tale but also potential trouble with the police. Sources tell us that we are about to find out a lot more from Zagreb, where the Vice-President of the EPO faces criminal charges. As one source of us put it today, “at this moment I have only a few verbal [bits of information], but very strong information from different sources.” It’s about the cases against the Vice-President of the EPO, who has been busy making a mountain out of a molehill regarding a bicycle, allegedly in order to help justify almost a million dollars spent on Battistelli's truly spurious bodyguards (the bicycle tale curiously enough coincided with the budget meeting). The updates and comments in our original coverage of this reveal some more details. Speaking of criminality, watch this Danish article about Jesper Kongstad, Chairman of the Administrative Council. The title says “senior executive in the state scammed for millions of ‘Nigerian fraud’: Therefore we were cheated” and to give the gist of it, consider this automated translation: “The employee got an email from a person who claimed to be the agency’s director, Jesper Kongstad, and therein was there that the director wanted a bank transfer of 6.7 million to a Chinese bank for the purchase of shares in a Chinese company – all in confidence, said in the message.”
“It’s about the cases against the Vice-President of the EPO, who has been busy making a mountain out of a molehill regarding a bicycle, allegedly in order to help justify almost a million dollars spent on Battistelli’s truly spurious bodyguards (the bicycle tale curiously enough coincided with the budget meeting).”Surely this is bad publicity not just for Kongstad but also for the EPO. How could these people be so easily fooled? It doesn’t bode well for their intelligence, does it?
3 sources told us, both privately and publicly, about Italian TV coverage of the EPO. It wasn’t too flattering and there may be more on the way (follow-up reports). “Now,” told us one reader, “it might be that the authors might want to get a closer more specific look on EPO, if more strange things reach them. So I keep posting to them (who knows, maybe that also set them on the tracks in the first place) and they might well focus some follow-up on EPO. Surely there is no lack of issues.
“The program now is still available on streaming, precisely the part concerning patents, cut out from the rest of the show and there is also a complete transcript in Italian in PDF.”
“Signing a work contract with the EPO is signing a terrible, irrevocable deal which can leave one depressed, unemployed for years (at presidential veto/decree), robbed (legal fees, pension, etc.) and in some cases dead.”Contact details are on the site in case somebody else wishes to send them information for follow-up investigations.
It has been nearly 3 months since Bavarian television covered EPO abuses, asked us to remove copies of the relevant segment, and then the Bavarian Parliament got involved. This isn’t over yet and it seems to have been initiated by the televised coverage, based on the timing. SUEPO has just stated that a Bavarian Parliament session on the subject will take place again next week. To quote: “On 20 April earlier this year the Committee of European and international affairs of the Bavarian Parliament discussed an urgent request from Ms Gabi Schmidt, speaker of the party “Freie Wähler”, concerning the working conditions at the EPO. A short report of the meeting can be found here. The discussion will continue in a plenum session of the Bavarian Parliament in the afternoon of 1 June.”
German patent lawyers are meanwhile trying to rush up the UPC, as does the EPO (advocacy for UPC again or just “unitary effect”?). Based on this new tweet, brain drain at the EPO truly is a problem; there are openings, but people with the required skills would not want to work for the EPO (those who know better).
EPO asks: “Who can apply to be a patent examiner at the EPO?”
Well, who would want to apply to be a patent examiner at the EPO given all that is known nowadays? Signing a work contract with the EPO is signing a terrible, irrevocable deal which can leave one depressed, unemployed for years (at presidential veto/decree), robbed (legal fees, pension, etc.) and in some cases dead. █
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05.25.16
Posted in Europe, Patents at 3:10 pm by Dr. Roy Schestowitz
Sports equipment is charactered as a "weapon" when the narrative of "victim" is sought by the thugs
Summary: In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle
THERE are bad liars, good (skilled) liars, pathological liars, and chronic liars. For some it’s a career path.
“Incident,” as a source put it to us, was allegedly reported “yesterday on EPO premises and today’s official announcement by Željko Topić” can be seen below:
Home→Organisation→DG 4→The Vice-President→Announcements→2016
Incident yesterday on EPO premises
25.05.2016
Deliberate damage to personal property of the President
Dear colleagues,
I would like to draw your attention to an incident which happened at some time yesterday in the non-public underground parking area of the Isar Building.
The bicycle belonging to President Battistelli was damaged to an extent that even the brakes were tampered with. This was without doubt a deliberate act of vandalism.
I strongly deplore this utterly unacceptable act and trust that you, the staff of the European Patent Office, join me in condemning the behaviour of the person or persons who committed this offence.
I remind staff of their duty to behave at all times in the manner expected of an international civil servant.
Željko Topić
Vice-President DG 4
25.05.16 | Author: Željko Topić – Vice-President DG 4
Now let’s critically assess this bizarre message, which looks almost like it belongs in the April 1st spam folder/filter. This is Željko Topić we’re talking about here; it’s the person who faces many criminal charges for a variety of alleged abuses. This is the man whom Zagreb Police Department may be after right now (he has been avoiding judges and courts as of late, including on April 1st itself). Topić is just about the least reliable source at the EPO right now. He is probably a lot worse than Battistelli.
“I am expecting something more deep and stronger against Mr. Topić in [the] next weeks from State prosecutor or attorneys office in Zagreb…”
–AnonymousSomeone wrote to us only yesterday about Topić (same day as the above ‘incident’). “I am expecting something more deep and stronger against Mr. Topić in [the] next weeks from State prosecutor or attorneys office in Zagreb,” told us this person, who is from Croatia.
What a convenient way for Topić to distract everyone and portray Team Battistelli as the victim. There is a lot coming from Zagreb these days (regarding Topić) and we shall give details/contacts/documents in the coming weeks/months.
“There is a lot coming from Zagreb these days (regarding Topić) and we shall give details/contacts/documents in the coming weeks/months.”Unsurprisingly, EPO staff (like examiners) aren’t startled by the words of Topić. “It sounds funny or like a joke,” one person told us, “however the opposite is true it’s deadly serious according to Željko Topić and his thugs!”
“Enjoy the lecture,” the person added.
It would be mean and unprofessional to treat is as merely a prank or a joke, but obviously some people cannot help the temptation and say things like this:
EPO Staff obviously condemns without any reservation such act of appalling violence. EPO staff is also relieved to learn that the anarchist group who tried to kill Mr Battistelli has not stolen the saddle of the presidential bike since this could have caused him serious and painful injuries.
Considering the severity of the events EPO staff suggests:
1 – that the EPO offers a bounty to anyone denouncing the culprits (plural is needed as it is obvious that such an action can only have been executed by a group of very well organised individuals presumably with the help of structured international networks)
2 – that the EPO via its investigative unit immediately takes DNA samples from all EPO staff + all external providers + all neighbours of the Isar building within a radius of 500 m.
3 – that the EPO hires without further delay additional bodyguards (if possible ex Navy Seals) in charge of securing the presidential bicycle 24/7 plus some in charge of the presidential cars, presidential lift and presidential toilets (since no place will ever be secured after this sabotage).
Our position on all this is that it’s not severe, we don’t know if it’s true (or to what degree it’s true), and given the messenger, Mr. Topić, we strongly urge/call for scepticism. Remember that what was called a “weapon” by these thugs later turned out to be sporting equipment, or a club used for leisurely activities.
Some people who spoke to us wouldn’t necessarily suspect that it’s a “false flag” but might suggest that the timing for the above is perfect. To quote: “Of course all this has absolutely NOTHING TO DO with the fact that…IPkat published the costs of his bodyguards (550,000 for six months which means they are more expensive than examiners) AND that in Munich yesterday and today a meeting of the Budget and Finance Committee is being held…” █
Update: Some comments have just appeared about this at IP Kat. An anonymous person writes: “Well, it appears that someone has deliberately damaged Battistelli’s bicycle in the office’s Isar building car park (announced by VP4 internally to all staff, deploring the action which appears to have been an inside job). The brakes were tampered with too. And all this so soon after Merpel’s visit… Now I may be adding 2 and 2 and making 9 lives, but until we get a katagorical denial…”
Even Merpel replies humorously with: “Merpel can kategorically deny any involvement in such activity, which naturally she completely deplores. Not only does she lack the opposable digits that would be necessary for such tampering (scratch marks would be much more her thing) but also she understands that this action took place in a non-public part of the office, into which she would of course not scamper uninvited. She reckons she still has several lives left yet.”
It doesn’t look like anyone takes the above very seriously. But it sure contributes to the atmosphere of fear and helps defend Battistelli's notorious paranoia.
Update #2 (the day after): Comments continue as follows: “The president never comes at the EPO by bicycle. This story looks very strange (probably a new propaganda). The purpose is to show that the president really needs bodyguards and an investigation unit. Also, it will be a pretext to cut some additional staff (representative) heads.”
This is actually a sentiment shared among other people we spoke to.
Other people treat this mostly as a joke. One wrote: “Ever bike? Now that’s something that makes life worth living! …Oh, to just grip your handlebars and lay down to it, and you ripping and tearing through the Munich streets and road, over railroad tracks and bridges, threading crowds, avoiding collisions, at 40 kilometres or more an hour, and wondering all the time when you’re going to smash up. Well, now, that’s something! And then you arrive at the office after an hour of it… and then to think I can do it this evening all over again!…. sh..t somebody ruined my bbbbbbike!”
Another joke (about the notorious surveillance of EPO staff and even visitors using hidden cameras): “Obviously they forgot to set up security cameras this time.”
The connection to the budget (for expensive bodyguards) is then mentioned as follows: “It was reported (on Wednesday) that it happened on Tuesday – the day that both the B28 and the Budget and Finance committees of the AC met in Munich, presumably in the Isar building? The list of suspects grows.”
Lastly there is this: “Mr. Topić tells us that someone tampered with the brakes on the presidential bike yesterday. The clear message is that there has been an attempt to harm the President. That’s quite serious, isn’t it?
“Topić goes on to condemn the damage to the bike (but not the attack on the President, strangely) and reminds staff to behave like international civil servants.
“This is a ridiculously inadequate response. The person who is ultimately responsible for the president’s security should be dismissed. He or she has clearly failed in their duty.”
This is especially funny (like black comedy) coming from Topić, who preaches about behaviour of international civil servants while he himself faces many criminal charges and refuses to even attend the courts upon demand. Like his colleagues at the EPO’s management, professionalism means not obeying the law and ignoring court rulings, apparently.
Update #3 (later on the same day): More noteworthy observations are made, as it’s no longer just about a bicycle but increasingly a question of integrity, i.e. whether the EPO’s management is simply lying (or hyping). As one person put it: “The President now uses a Bike? Really? Someone who does not go around without his bodyguards, who has personal lift that cannot be used by anybody else at the main building would take the time to ride a bike to go to work? To stroll around on Sunday and mingle with the commoners in such a trivial activity?
“By the way, did they also damage the bikes of his bodyguards? Or do they run behind him when e [sic] bikes around?”
“They’re just recycling old Sarko-stuff,” one person wrote, linking to “Sarkozy misused French ministry to find scooter, critics say” (remember that Sarkozy and Battistelli are connected politically). “That being said, when cars are keyed in the Examiner´s/Formalities’ buildings (which are quite distant from the Isar building), it does not make it to the intranet… Sorry for the bike though.”
Another person wrote: “I wouldn’t be surprised that the bodyguards run around him, like the gardes suisses around the papamobile. (The thought of a presidential bicyclette shielded by Panzerglas in the Munich traffic just rushed through my head).
“But seriously, do you honestly believe that Mr. B would ever mingle with the riff raff and risk the possibility of an encounter with one of them?
“My own bike was damaged on EPO premises years and years ago, under the Shell building, as it was still called. (The parking facility was rather shoddy, you could get around the door easily by pulling the fence towards you). I don’t remember this making it in the pages of the Gazette or the nascent intranet…
“I suspect a sinister motive behind Topic’s announcement, i.e., creating some pretext for a form of collective punishment, or inventing a new chicanery for harassing staff, or even launching a new witch hunt.”
There might also be the timing (budget fodder). One commenter agrees with the above and adds: “Indeed, it is in the script of every respectable Dictatorship: use an attempt to the life of the Great Leader to request special powers from the Central Committee – ahem, Administrative Council, to further reduce Civil Liberties and get rid of the last Members of the Opposition.
“(I also heard that in addition the Presidential Bike, the Tricycle of VP5 Raimund Lutz and the Bobby-Car of VP4 Guillaume Minnoye were also damaged … I’m shocked to think that an International Civil Servant could act like this …)”
The last comment for now also agrees with the above: “This only looks like a pretext for more and harsher security measures. Just wait. I suppose that in less than four weeks there will be a notice on the Intranet announcing new kinds of (ridiculous) controls etc., maybe even more hidden cameras.”
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