10.12.17

Gemini version available ♊︎

Under Christoph Ernst, the Council is Just a Megaphone of Battistelli’s EPO, Including on Patent Quality

Posted in Deception, Europe, Patents at 10:15 pm by Dr. Roy Schestowitz

A strong watchdog would say, “look, we have an issue here with quality…”

Dr. Ernst of EPO

Summary: The Administrative Council of the EPO does not appear to be interested in a serious, adult, scientific debate about the quality of European Patents (EPs) and is instead relaying lies from Benoît Battistelli

IT’S sad to see the EPO failing to reform (or rather rehabilitate) itself even with some new leadership (Battistelli getting a new 'boss'). Earlier today the EPO published this. (epo.org link, which means clicks could, in theory, be tracked)

The statement is worrisome and Techrights will make a complete copy of it, just in case the EPO’s current site ceases to exist some time soon (as some insiders believe; when EPO people say that the EPO might cease to exist “soon” they mean in relative terms, like half a decade or a decade, perhaps following some sort of merger).

Here is the full text:

The Administrative Council of the European Patent Organisation held its 153rd meeting in Munich on 10 and 11 October 2017 under the chairmanship of Christoph ERNST (DE).

A central issue was the election of the next President of the European Patent Office. A special Communiqué has been issued in this respect.

The Administrative Council noted the activities reports given respectively by its Chairman and by the President of the European Patent Office, Benoît BATTISTELLI. In the ensuing discussion on the latter, the Council praised again the Office and its staff for the excellent results achieved. It also took note of the first report of the President of the Boards of Appeal, following the reform adopted in 2016.

The Council further noted the oral reports from the chairpersons of its advisory bodies on their recent meetings: Boards of Appeal Committee, Supervisory Board of the Reserve Funds for Pensions and Social Security, Supervisory Board of the EPO Academy, and Select Committee.

The Council then proceeded with a series of elections and appointments to its advisory bodies. In particular it elected Mr Lex Kaufhold Chairman of the Budget and Finance Committee for 3 years, starting on 10 October 2017. The Council also decided on appointments and re-appointments to the Enlarged Board of Appeal, the Boards of Appeal and the Disciplinary Board of Appeal.

The Council carried out an exchange of views on the first ever Annual Report on Quality. It expressed its satisfaction both on the methodology developed and on the measured achievements.

In respect of legal affairs the Council authorised the President of the Office to renew the EPO-WIPO Agreement in relation to the functioning of the EPO as an International Searching Authority and as an International Preliminary Examining Authority under the PCT.

Turning to matters concerning the Reserve Funds for Pensions and Social Security (RFPSS), the Council reviewed the composition and competence profile of the RFPSS Supervisory Board and unanimously endorsed a revised governance.

At last, the Council held a thorough exchange of views on the Office’s social report for 2016, which comprehensiveness and transparency were most appreciated.

Council Secretariat

They cite that insulting “social report” (we wrote a lot about it) and there’s a lot more to be said about the rest of it. It’s like it was written with (or by) Team Battistelli. There’s no notion of real scrutiny or oversight. It’s just congratulatory and supine.

The part about patent quality has been debunked by The Register (“Annual Report on Quality” and some comments there in El Reg). To quote from this two-page article:

A row has broken out at the European Patent Office over the quality of its work.

The international organization’s big annual meeting in Munich this week has been overshadowed by a war of words between staff and the EPO’s president, Benoit Battistelli. Staff are warning that quality is falling in response to an aggressive effort by management to increase output and Battistelli is publicly disparaging his own staff in response.

In response to pointed criticism, Battistelli highlighted his team’s first ever annual quality report that showed very high levels of satisfaction as evidence that all was well at the organization. But at least one government subsequently picked apart that report by noting that it relies entirely on internal evaluations.

The row kicked off when the EPO’s staff representative dropped its typically diplomatic update to the EPO’s Administrative Council – made up of 38 European government representatives – and provided a caustic criticism of reforms efforts at the EPO, arguing that a push for ever-faster and greater numbers of patent approvals was leading to a drop in quality.

[...]

Battistelli was, predictably, furious. He has waged a long reform battle at the EPO that has seen the organization repeatedly pulled in front of the International Labor Organization, the courts and even the European Court of Human Rights. He has, however, retained the support of the majority of the Administrative Council by arguing that he is modernizing the EPO and – critically – that the number of patents is increasing while quality has been maintained or even improved.

Any suggestion that the reforms efforts are reducing the quality of patents would risk undermining that entire organization since it raises the likelihood that approved patents are then challenged and even defeated in court: every business’ worst nightmare.

Patent offices live or die (or perish, as governments can typically cushion for losses) based on patent quality. The EPO is dying, at least judging by quality and decline in applications. EPs lost their value. Workers are not happy. Experienced examiners are leaving. In short, Battistelli killed what existed and more or less worked (even if far from perfectly).

The comments section did not immediately attract much abuse, except against the author of the article (pretending patent quality was always or for over a decade been pretty poor). Having written about this for over a decade, I reject that supposition. EPs used to be pretty strong. That’s why it took a long time to process applications. See this leaked E-mail from the EPO's Roberto Vacca. No wonder patent quality collapsed.

As one commenter put it:

The EPA did have (still does?) a quality audit department which were independent examiners who controlled the actual output for quality – should it really have been granted etc. The figures e’re only for internal use and were disputed and massaged. But they weren’t good. BB never talks about them.

Yes, exactly. The next comment said that the EPO’s “assessment of quality [...] can be misleading [...] or even dangerous if you consider the opposite.” Watch what they’re measuring:

The distinction is an important one. It seems that the EPO include timeliness of delivery in its assessment of quality which can be misleading….or even dangerous if you consider the opposite. If a product is of lesser quality because it took longer to arrive then the extreme case could be that a European Patent may not be worth waiting for!

Earlier today the EPO wrote: “Is it possible to object to a particular application, either before or after it has been granted?”

Well, there’s far less opportunity to do that due to Battistelli’s so-called ‘reforms’, which seemed aimed at lowering patent quality to fake ‘production’.

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. Links 19/10/2021: MyGNUHealth 1.0.5 and Ubuntu 22.04 Now Developed

    Links for the day



  2. [Meme] [Teaser] Thrown Under the Bus

    Tomorrow we shall look at Danish enablers of unlawful EPO regulations, Jesper Kongstad and Anne Rejnhold Jørgensen



  3. The World Needs to Know What Many Austrians Already Know About Rude Liar, the Notorious 'Double-Dipper'

    Today we publish many translations (from German) about the Austrian double-dipper, who already became the subject of unfavourable press coverage in his home country; he’s partly responsible for crushing fundamental rights at the EPO under Benoît Battistelli‘s regime



  4. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper

    Friedrich ‘Rude Liar’ Rödler is notorious in the eyes of EPO staff, whom he was slandering and scandalising for ages while he himself was the real scandal



  5. Links 18/10/2021: Porteus Kiosk 5.3 and Ventoy 1.0.55

    Links for the day



  6. [Meme] [Teaser] More to Life Than Patents

    Greedy sociopaths oughtn’t be put in charge of patent offices; this is what’s dooming the EPO in recent years (all they think about is money



  7. Microsoft GitHub Exposé — Part II — The Campaign Against GPL Compliance and War on Copyleft Enforcement

    Microsoft contemplated buying GitHub 7.5 years ago; the goal wasn’t to actually support “Open Source” but to crush it from the inside and that’s what Microsoft has been doing over the past 2.5 years (we have some details from the inside)



  8. Links 18/10/2021: Linux 5.15 RC6 and 7 New Stable Kernels

    Links for the day



  9. [Meme] The Austrian School of Friedrich Rude Liar

    With reference to the Austrian School, let’s consider the fact that Friedrich Rude Liar might in fact be standing to personally gain by plundering the EPO‘s staff by demonising them while helping Benoît Battistelli crush them



  10. IRC Proceedings: Sunday, October 17, 2021

    IRC logs for Sunday, October 17, 2021



  11. How (Simple Technical Steps) to Convince Yourself That DuckDuckGo is Just Spyware Connected to Microsoft, Falsely Advertised as 'Privacy'

    In recent days we published or republished some bits and pieces about what DuckDuckGo really is; the above reader dropped by to enlighten us and demonstrate just how easy it is to see what DuckDuckGo does even at the client side (with JavaScript); more people need to confront DuckDuckGo over this and warn colleagues/friends/family (there’s more here)



  12. Austria's Right-Wing Politicians Displaying Their Arrogance to EPO Examiners

    The EPO‘s current regime seems to be serving a money-hungry lobby of corrupt officials and pathological liars; tonight we focus on Austria



  13. [Meme] Friedrich Rödler's Increasingly Incomprehensible Debt Quagmire, Years Before EPO Money Was Trafficked Into the Stock Market

    As it turns out, numerous members of the Administrative Council of the EPO are abundantly corrupt and greedy; They falsely claim or selfishly pretend there’s a financial crisis and then moan about a "gap" that does not exist (unless one counts the illegal gambling, notably EPOTIF, which they approved), in turn recruiting or resorting to scabs that help improve ‘profit margins’



  14. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…

    Prior to the Benoît Battistelli and António Campinos regime the EPO‘s hard-working staff was slandered by a corrupt Austrian official, Mr. Rödler



  15. Links 17/10/2021: Blender 2.93.5, Microsoft Bailouts

    Links for the day



  16. Links 17/10/2021: GhostBSD 21.10.16 and Mattermost 6.0

    Links for the day



  17. IRC Proceedings: Saturday, October 16, 2021

    IRC logs for Saturday, October 16, 2021



  18. [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



  19. 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



  20. 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



  21. [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



  22. 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)



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

    Links for the day



  24. “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



  25. [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



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

    Guest post by Ryan, reprinted with permission



  27. 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



  28. [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



  29. 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



  30. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021


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