Bonum Certa Men Certa

If Battistelli Stayed and UPC Became a Reality, Patent Quality at the EPO Would Get a Lot Worse

Never mind a surge in litigation, often by entities outside Europe

Neoliberalism
For the uninitiated, this is what Battistelli does at the EPO



Summary: The vision that Team Battistelli has for the EPO is an ENA-inspired neoliberal and corporatist vision that would bring the legitimacy of the system down to zero and the European economy to the brink of collapse

THE DAYS OF THE EPO as a world leader are over. Battistelli demolished the Office and he can only rely on his mouthpieces to claim otherwise. He further misleads the public by presenting some numbers from inside the EPO (making claims about itself) -- dubious numbers as one might expect [1, 2, 3] -- and we're supposed to think that everything is fine. It's not. Everything is not fine and Battistelli may be fired next month, judging by his lack of progress on demands from his overseers.



"asically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US."Nevertheless, pro-software patents sites would have us believe that the EPO, with its growing affinity for software patents, is a model of success -- all this while pro-software patents courts in the US latch onto EPO for the purpose of legitimaising software patents. "Constantly changing patent laws are taking a toll on American innovation," one shallow new pieces says, essentially bemoaning decisions like Alice (ended a lot of software patents in the US). Basically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US. Nearly doubling the number of granted patents at the USPTO in a decade? Not enough! They want more! They make money out of it.

“Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses...”
      --Anonymous
As longtime readers may know, our original concern about the EPO was patent scope, primarily the expansion to the domain of software patents. According to this new press release, TEVA's patent monopoly is about to be invalidated by the EPO, but it's not a software patent. To quote the announcement: "Jefferies analyst, Brian Abrahams, noted that EPO has released its prelim opinion that TEVA's broad patent claims are not supported by the priority application (are not novel) and TEVA's claims lack inventive step, a positive for Alder Biopharm (NASDAQ: ALDR)."

The sad thing is, if the UPC ever became a reality, the Boards of Appeal would possibly be made obsolete or redundant, making it even harder (or too expensive if not impractical) to challenge bogus patents -- those granted in error. As one comment recently put it:

I understand very well how the examiner's deal with unity - if the claim amendments mean they will have to do some more work, they will argue lack of unity. The applicant will either follow the examiner's line through lack of will to fight or will take it to appeal, whereupon the BoA will roundly criticize the examiner and allow the appeal.


A response said:

I think you mix up lack of unity and the introduction of unsearched subject matter. Having to search elsewhere may not be lacking unity but will refer to the second case.


Battistelli already crushes the independence of the boards (see what was done to that judge), so what future would there be to appeals and external challenges to EPO patents? The EPO is so arrogant and drunk on power. It even insults its stakeholders now.

Having noticed something that we too noticed beforehand, one commenter goes out of his/her way to say:

Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses:

"Patent attorneys do not always understand how the EPO deals with non-unity. Discuss here: http://buzz.mw/b15ku_f #searchmatters"

https://twitter.com/EPOorg/status/730712544655097856

So is the idea that we qualified but nevertheless ignorant-of-the-law EPAs should rush to sign up and better ourselves?

I am sure that these courses are useful as continuing professional development, but this tweet certainly isn't a professional way to encourage attendance.


See what the EPO has become? It's totally out of control and one way to stop this is to stop the UPC and get rid of its #1 fan (who now visits nations that consider exiting the EU in order to push the UPC). That's Mr. Battistelli, who has promoted it for more than half a decade in spite of public disapproval (for nearly a whole decade now).

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
 
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day