12.06.16

Gemini version available ♊︎

Endgame for Battistelli at the European Patent Office (EPO)

Posted in Europe, Law, Patents at 8:17 am by Dr. Roy Schestowitz

Guess Who is Trying to Retroactively ‘Legalise’ His Own Abuses Now…

Battistelli with Scud

Summary: Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)

THE system in Europe is often assumed to be vastly superior to many of the world’s systems. We used to take pride in the EPO being so much better than the USPTO and, among many things, rejecting software patents. We cannot say this anymore because Battistelli’s role model these days seems to be SIPO in China (where the quality of patents is about as low as it can get, it’s just an assembly line of papers). Battistelli “is boxing out of the corner now,” one reader told us in relation not only to the social issues but also the technical issues (patent maximalism is a disease that keeps spreading to the EPO). Applicants quickly realise that the value of EPs is sinking. Why would they even bother with pricey new applications, let alone renewals? Many of them won't. They’re gradually waking up to the destruction left behind by Battistelli (rushed examination, brain drain, etc.) and the injustices demonstrated by miscarriage of justice not just against clients [sic] but against hundreds if not thousands of EPO employees (approximately/at least a hundred cases in just 2 years, some impacting multiple employees per case).

“Applicants quickly realise that the value of EPs is sinking.”What the EPO does about this "crisis" (in the Board's own words) is the equivalent of shuffling chairs at the deck of the Titanic. Watch what is showing up in today’s news:

The EPO is expected to refuse to record assignments that do not satisfy the foregoing requirements.

Accordingly, we believe that in the future all assignments should be signed by all parties. Regarding the cases where an assignment has been executed but has not been recorded at the EPO, and where the assignment document was only signed by the assignor(s), you may consider obtaining a second signature from a representative of the assignee acknowledging acceptance of the rights. As another alternative, it might be possible for both parties to sign a “confirmatory assignment” to confirm that an assignment that took place on a date prior to the effective date of these new guidelines.

Given the low quality of patents at the EPO (granted in recent years, not the older ones which have not yet expired), putting more barriers and limitations is the last thing that should be on the agenda. Sooner or later, suggest internal figures, the backlog or pile will have dried up, making the Office underworked and rendering thousands of EPO examiners redundant.

Based on the latest decisions from ILO (or ILO-AT), the Office will also have to spend a lot of time and resources on new ‘trials’. This would involve even more people who otherwise should be carrying out their duties as examiners. Look what a sordid mess Battistelli has created. He should resign, but that alone would not solve all the issues.

“Lacking any sense of shame, Battistelli proposes that the Administrative Council, which was supposed to kick him out years ago, should amend the internal law of the EPO relating to not only the Appeals Committee but also lots of other bodies (including the Disciplinary Committees).”Looking at Battistelli’s appalling reaction to these decisions (leaked here yesterday), the lies are beyond amazing. The guy must be crazy and he’s unable to take responsibility. Instead he’s trying to hold unions whom he’s busting accountable. To him, the fact that there was gross injustice for years is the fault of the Central Staff Committee, which was not nominating representatives for the Appeals Committee. Battistelli has publicly (in the Intranet) accused them of “failure to comply with statutory obligations,” in the same way that he defamed various other people or groups in the Intranet as recently as one month ago (we leaked the example about Mr. Prunier).

Lacking any sense of shame, Battistelli proposes that the Administrative Council, which was supposed to kick him out years ago, should amend the internal law of the EPO relating to not only the Appeals Committee but also lots of other bodies (including the Disciplinary Committees). To quote Battistelli, “if the Central Staff Committee, despite an invitation to do so, fails to make appointments to these bodies, the President shall take appropriate steps to ensure and make the necessary appointments, such as calling for volunteers or drawing lots from among eligible staff members.”

“WIPO looks like very small potatoes in comparison to this.”So basically, Battistelli now tries to ‘legalise’ his own abuses after he committed these abuses. How does that not make Eponia a Banana Republic or rogue state way ahead of even Turkey in 2016? The ‘King’ basically places himself above the law, allegedly buys votes, and refuses to accept a simple judgment even from a UN agency (it’s the only tripartite UN agency). WIPO looks like very small potatoes in comparison to this.

To quote (verbatim) what Judgment 3785 actually said on page 6: “While it is true that the fundamental functions of that body must not be paralysed, it is also true that the body itself cannot be changed through a changed composition. The balance sought to be achieved by the composition of this body, which includes members appointed by the Administration and the staff representation, is a fundamental guarantee of its impartiality. That balanced composition is an essential feature underpinning its existence. Without it, it is not the Appeals Committee.”

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] First Illegally Banning Strikes, Then Illegally Taking Over Courts

    The vision of Team Battistelli/Campinos is a hostile takeover of the entire patent system, not just patent offices like the EPO; they’d stop at nothing to get there



  2. Portuguese Network of Enablers

    Instead of serving Portuguese people or serving thousands of EPO workers (including many who are Portuguese) the delegation from Portugal served the network of Campinos



  3. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  4. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  5. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  6. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  7. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  8. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  9. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  10. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  11. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  12. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  13. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  14. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  15. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  16. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  17. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  18. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  19. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  20. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  21. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  22. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  23. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  24. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  25. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  26. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  27. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  28. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  29. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  30. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts