Bonum Certa Men Certa

Battistelli's Vision of UPC is Closer Contract With Major Applicants (Abroad), Contrary to European Interests

Who is this man kidding anyway?

Benoît Battistelli quote



Summary: Benoît Battistelli's EPO is adopting an imperialistic approach that would allow foreign companies such as Microsoft and Apple to issue Europe-wide injunctions, claim more in 'damages', pressure for higher 'royalties', and so on (but it's all for EU-based SMEs, honest!)

THE EPO does not surprise us when it openly lobbies for UPC. Just over an hour ago the EPO published this self-promotional (for management, not examiners or boards) nonsense. (warning: link to epo.org)



WIPR already has some coverage which says nothing special or new; it presents little except only one side's views. Battistelli is parroted and views are also offered from "Graham Burnett-Hall, partner at Marks & Clerk, a firm of patent and trademark attorneys" (conspicuously absent is a public interest group or an outsider's representative).

"What's amazing here isn't that the EPO lobbies for the UPC but that the public is kept totally in the dark and the EPO gets away with it."As expected, patent maximalists and patent lawyers like IP Magazine are happy about the UPC (a tax on everything in Europe, including more lawsuits and injunctions). They call this "[a] 'Hugely significant’ occasion for EU #patent system after preparations for the unitary patent completed" (UPC is a case of fast-tracking things before the public even gets the chance to vote).

UPC ties into ever broader things like TPP and TTIP. It's a sort of globalism poorly implemented so as to punish the poor and benefit only those who are already rich and still getting richer, by redesign of laws to annul their tax, impede their competition, give their corporations sovereignty over government etc.

What's truly amazing here isn't that the EPO lobbies for the UPC (we have seen that for quite a while and reported it on occasions) but that the public is kept totally in the dark and the EPO gets away with it. It's as though Europe is occupied and oppressed by a group of people. This isn't a functioning democracy. 'Patent' offices that lobby aren't really patent offices but an entirely different kind of monster. On social media I've joked earlier on: "What is this lobbying firm called EPO? Oh, wait, it's not a lobbying firm per se. It's the European Private Office. A 'public' service..."

We hope that even existing staff of the EPO can see why this is plainly unrest and morally wrong. The EPO isn't supposed to decide how Europe is run; instead it should be the public deciding how Europe is run and how the EPO is run, under the control of European politicians; everything is in reverse right now, so the tail is effectively wagging the dog.

"Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him."Earlier today we showed that even well-known European patent lawyers were getting fed up with Battistelli. Well, the European Patent Lawyers Association (EPLAW), which previously expressed concerns about Benoît Battistelli's EPO [1, 2] and even cited Techrights for support, now speaks of the "Structural Reform of the Boards of Appeal". Guess whose side EPLAW it taking. The following statement is self explanatory: "Before the meeting of the AC in which the President’s proposal will be discussed in the course of this week, the Association of the Members of the Boards of Appeal (AMBA) raises its voice and makes even more critical comments. According to AMBA, the new proposals manifestly take no account of AMBA’s submissions, despite assurances that they would be reflected in any proposal. Furthermore, they take no account of the comments of the AC members in the Council meeting of March, or of the user survey results; rather it misrepresents them. All the changes are said to be detrimental to both actual and perceived independence. Instead they place considerably more power in the hands of the President of the Office."

Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him. This is very poor leadership and any remnant of reputation that the EPO gained for several decades is being lost in just a couple of years. Earlier this evening the FFII's Benjamin Henrion wrote: "Well EPO is not responsible in front of a court, so there is no procedure if the EPO does not work. That's why it needs to be dissolved, or reintegrated in other democratic structures."

Looking at Henrion's old site, Digital Majority, we find this old news pick saying that the "EPO staff blame Admin Council for EPO woes". To quote what was there at the time:

Last week a dramatic EPO document fell into our hands. "Governance of the EPO: a Staff Perspective" documents internal conflicts in the EPO, staff versus management, in which the Administrative Council (AC) and President have almost totally lost the confidence of the EPO staff. In 2004, just 8% of staff expressed trust in the AC, and 28% in the President. In 2006 this figure had fallen to 4% and 7%.

The report - written by staff representatives - avoids criticism of the President, and focuses its ire on the Administrative Council, citing the conflict between national and personal interests, and those of the EPO.



Looking at a related site for a submission of the EPO representative on the Commission's ICT Task Force report we have:

Raise awareness of the patent system among SMEs: The EPO may develop a project which aims at increasing the understanding and the use of IP by SMEs. The main concept entitled "train the trainers" is to provide trainings for specific target groups in the field of protection and exploitation of IP and IP management, with the main focus given on patenting. The relay done by the staff already working in direct contact with SMEs will ensure multiplier effects of the training given and SMEs will be expected as final recipients.



Well, we now know, thanks to a large degree to leaks (from several simultaneous sources), that the EPO does not give a damn about European SMEs. It cares neither about Europe nor SMEs as it now gives priority to foreign giants (hence the correction of Battistelli's new statements at the top). This is what happens when the EPO is operated outside democratic controls. A serious overhaul is well overdue; the UPC isn't it. The UPC is further escalation in the wrong direction. We fear that some people inside the EPO still believe what the EPO's management tells them about the UPC (or what patent lawyers tell them). Does anyone still believe the EPO's management?

Recent Techrights' Posts

Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
 
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025