Bonum Certa Men Certa

The European Patent Office: From Patent Maximalism to Corruption and Gerrymandering

29M



YouTube version

Summary: The European Patent Office (EPO) has managed to become not just detached from the need for patent quality; nowadays it is totally detached from the law itself, having repeatedly broken laws and faced no consequences for breaking these laws

THE EPO is a deeply corrupt and profoundly abusive institution. Just ask the people who actually work there. Assuming they can speak privately (i.e. no fear of retaliation), they will say so.



"Software is software even if it runs on a 'medical' device (basically a computer mounted onto something)."Longtime readers are well aware that our original (and sole) concern about the EPO was patenting of software. Earlier this year we wrote about "SaMD" as a new sneaky term for software patents -- a subject Judge Corcoran had indirectly dealt with before Battistelli attacked and defamed him. 'Dressing up' software patents as "medical device" isn't a novel trick; we saw that in the US and what's new really is the buzzword, "SaMD". Patent maximalists from Finnegan are again promoting this buzzword (acronym for compacted euphemisms). As Patent Docs has just put it, "Cory C. Bell, Elizabeth D. Ferrill, and Susan Y. Tull of Finnegan Henderson Farabow Garrett & Dunner will guide counsel for companies in the medical device industry on protecting software as a medical device (SaMD), and discuss the new FDA rules regulating SaMD and how to leverage IP law to protect SaMD."

This is not OK. Software is software even if it runs on a 'medical' device (basically a computer mounted onto something).

The EPO's silent departure from patent scope does not seem to bother patent law firms. Why should they complain? More patents mean more business (applications and lawsuits). Under "Who's Who Legal," some time yesterday Jakob Pade Frederiksen (Inspicos) published "‘Early Certainty’ In Inter-Partes Oppositions Before The European Patent Office," in which he overlooked ramifications for patent quality at the EPO or maybe he really just doesn't care (they bill for bad patents/lawsuits too).

Even the UPC was mentioned in there and here's part of this self-promotional puff piece of his:

Within the framework of the EPO’s so-called Early Certainty initiative, a number of procedural and organisational measures have been launched that will drive parties in opposition proceedings into skipping former habits and developing new ones. Additionally, in consequence of a proposed revision to the Rules of Procedure of the Boards of Appeal (RPBA), which may possibly be adopted in 2018, patentees and opponents alike are well advised to reconsider strategies for first-instance proceedings, as these will be – to a larger extent than before – defining the legal and factual framework of second-instance appeal proceedings.

While these initiatives of the EPO management and the Boards of Appeal will without doubt lead to decisions being reached swiftly, a risk exists that final decisions might be rendered on an insufficient basis, as EPO opposition proceedings are becoming even more frontloaded than hitherto.


The Early Certainty initiative is a terrible thing; it encourages making decisions in a rush, based on little or no information that was thoroughly investigated. It leads to mistakes, such as the granting of patents and then awards to literal frauds (such as Theranos).

Speaking of Theranos, mind the latest Inventor Award puff piece published a couple of days ago in the afternoon. As usual, it is all about Battistelli. We would not be surprised if it was composed (ghostwritten) by his PR agency, as usual. He's using the event to effectively loot patent applicants and he paints himself as some kind of scientist:

"By combining their respective skills as a physicist and systems engineer, Banine and Loopstra have significantly contributed to develop a technology for industrial use that will help manufacture the next generations of microchips,” said Benoît Battistelli, president of EPO.


Battistelli has no science degree, yet he's being painted (by his face-saving PR apparatus) as some kind of genius. His ingenuinty seems to revolve around tyranny, corruption, and gerrymandering/vote-buying.

As mentioned last week in Twitter, Battistelli seems to be doing a potential vote-buying tour in cyprus right now (Cyprus has a vote which is equal to that of Germany in terms of weight). Here's the EPO's latest puff piece (warning: epo.org link) which is -- you've guessed it -- all about Battistelli:

Ahead of the conference EPO President Benoît Battistelli met with the Cypriot Minister of Energy, Commerce, Industry and Tourism Yiorgos Lakkotrypis with a view to strengthen the use of the patent system in Cyprus. Topics included recent developments in intellectual property, such as the role of patent protection in supporting innovation, but also in technology trade and in attracting foreign direct investment.


Battistelli is leaving next month, but the legacy he leaves in the EPO is so toxic that it not only embarrasses France but Europe as a whole. Did he pay enough politicians and establish enough political connections to assure he doesn't end up like Nicolas Sarkozy when his immunity expires? Time will tell.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
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'
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
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