12.07.17

Gemini version available ♊︎

Battistelli’s EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

Posted in Europe, Law, Patents at 4:16 pm by Dr. Roy Schestowitz

In today’s news: Ousted Turkish beauty queen may face jail time over tweet

Turkish EPO

Summary: The tyranny of the EPO is made abundantly clear for all to see — ILO included — but will there be consequences for repeated violations by Team Battistelli?

IN addition to legal bullying, Judge Corcoran now needs to deal with the fact that the EPO operates outside the rule of law. Blatantly, too. Does anyone even wish to work for such an employer? To him, perhaps, it’s about principles. Battistelli never had the authority to do what he did, after he had brought friends and highly dubious people to the EPO.

So far today we have written 4 articles on this matter alone. The articles are, in order:

  1. ILO is ‘Forcing’ Team Battistelli to Compensate the Banned Judge and Give Him Back His Job
  2. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court’s Orders (Again)
  3. ILO Said Give the Judge His Job Back, But Christoph Ernst’s Administrative Council Will Likely Let Him Go (Unemployed)
  4. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)

One person asked today: “Do I read correctly that his term ends in 2018 anyway?”

One response to that said: “Yes but he’s been angling to ensure that he gets renewed.”

This is from The Register, where most of the comments are slightly off-topic and not from insiders (as the site isn’t a forum for ‘legal’ people but mostly for technical folks). Looking at some of the latest comments on an attorney’s post (which mostly attracts input from other attorneys), people have begun bringing up immunity, the EPC and so on. People are starting to gather information about the EPO disobeying judges.

There is a famous quote of what a politician (USA, 1950’s perhaps) said when caught out having done something morally indefensible, despicable. I tried to find it on Google because I think it fits BB to a T. It fits very well whenever the perp. is a supra-national entity like FIFA, the IOC or the EPO’s AC, an entity not answerable to the laws of any particular jurisdiction.

It goes something like “I violated no Rule. I broke no law. Therefore I did nothing wrong”.

Those citizens of Europe who sit on the EPO’s AC, those who preside over the EPO; if they lack a moral compass they are not qualified to sit in the seat they occupy, and should slink away, mightily ashamed of themselves for abusing basic human rights and the Rule of Law.

VW’s resident manager in the USA just got sent to prison for 7 years, for dissembling on diesel engine emissions. And all the other involved, the string-pullers back at HQ in Wolfsburg? What of them?

Come on Europe. For F’s sake. Set a good example to the rest of the world.

“If one thing is certain,” the next comment said, “it is that none of the AC members will ever voluntarily vacate their seats out of such mundane motivation like respect for democracy, the rule of law or human rights. As history teaches, this will only happen once decent citizens knock on their doors, with the fork in their hand. And this is what is going to happen, some way or the other. Sooner or later.”

At the EPO, without a shadow of a doubt, things have gone totally out of control and it’s almost as if judges exist only for opinions (an advisory role) and ‘king’ Battistelli is the undisputed emperor. “Battistelli might benefit from a free crash course on the elementary principles of law,” said the next comment, alluding to the news about CEIPI:

In his brand new position of President of the Administrative Board of the Centre for International Intellectual Property Studies (CEIPI) Mr Battistelli might benefit from a free crash course on the elementary principles of law, including the issues of separation of powers.
Perhaps will he then start to slowly understand why exerting a leading position at the same time in a patent office which examines patents and in an accademic institution which teaches trainees the basics of the examination procedure before the same patent office is just another form of intolerable conflict of interests.
And if he does not understand by himself, the Administrative Council of the EPO will no doubt explain it to him again. No doubt, really?

We wrote a great deal about the CEIPI debacle, namely:

Here’s some insight about Corcoran’s experience today:

IP-Watch has also an article about the decision of the ILO:

https://www.ip-watch.org/2017/12/06/international-labour-organisation-orders-reinstatement-epo-appeals-judge/

Additionally, they cite the response of the EPO . It begins with:

“The EPO respects the ruling of the ILOAT,” […]

Of course it does … just ask the head of EPO security.

“While the ILOAT has no divisions,” the latest comment said, “its supremacy is enshrined in Article 13 EPC. The EPO president ignoring a direct order from the ILOAT (lifting of house ban) would be a violation of the EPC. It is difficult to imagine that this could be tolerated by the AC but of course many things have been difficult to imagine in the past.”

This would not be the first time that Battistelli stomps on the EPC and gets away with it without any consequences. We covered several examples in the past.

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. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  2. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  3. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  4. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  5. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  6. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  7. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  8. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  9. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  10. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  11. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  12. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  13. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  14. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  15. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  16. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  17. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  18. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  19. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  20. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  21. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  22. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  23. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  24. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  25. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  26. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  27. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  28. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  29. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  30. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day


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