Bonum Certa Men Certa

EPO Under Benoît Battistelli: Nepotism, Misinformation, Poor Patent Quality, Terrible Working Conditions, and Increase in Prices

Descending to Chinese standards on integrity, quality, and human rights

EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu (even the red flags match). Credit: EPO Web site.



Summary: A look at the ugly legacy of Battistelli, who has turned an Office with international reputation into a 'factory' like the USPTO or SIPO (in China)

THE EPO has not been doing a good job preserving its reputation when it let software patents slip in (from the back door) and later, based on a leaked document, started treating patent applications in a discriminatory fashion and an embarrassing manner. "There is nothing in the EPC which allows the EPO to handle applications differently," wrote this person earlier today.



Based on a lot of sources, some of which chose to do this publicly, EPO 'results' are bunk and some rightly suggest that an external audit of these 'results' is urgently needed. As this little poem put it earlier today:

C ould it be I'm getting pendantic? O r is granting patents so romantic? O ver embellishment of the statistics K nown now for years by realistics E xternal audit,lay the books bare D oes this AC really care?


It might not be enough to do an external investigation into the union-busting activities; the Office as a whole needs to come under outside scrutiny. Moreover, verification of the so-called 'results' is desperately required. Some EPO examiners (choosing to comment anonymously for their own protection) admit that examination quality is poor now, especially under Battistelli. As one person put it earlier today (sarcastically):

Please forgive me if my post is a bit off topic. I have to tell it.

I'm one of the few "fossiles" left in The Hague. Those who started more than 30 years ago, performing searches through mountains of paper and providing both the colleagues in München and our applicants with prior art indicating the novelty destroying "X" documents and the position of the competitors.

Then came BEST, with its holy 14% productivity increase, together with the non-written rule: "Find anything against claim 1, and don't waste your time looking for the other claims." What was passed over is that following this dirty search many applicants were able to restore novelty after the first communication. And so, a new search was then required. At least for those of us having a bit of professional pride left, and of course for free. Farewell state of the art. Farewell complete searches. Cut the corners and hurry up.

Thanks to ISO 9001, the quality at the EPO improved far beyond any hope. Short ago, I've had the traditional new-year meeting with my director. Here is what I learned. Quality millesime 2016 is having no search or examination files in the red list (read "delayed"), no more than 3 published patents older than 6 months awaiting to be classified, no grants from a colleague in the examining division awaiting signature since more than 2 weeks. Highly important matters, as one can imagine. But not for inventors, not for the applicants and not for all those who pay for our work. The content of the search report/search opinion/communication interests NOBODY. Copy/paste an article of the Süddeutsche and it will reach the representative unnoticed. Like a fig leaf hiding the attributes of a horny satyr, our search strategies are now made public. Useless nonsense in terms of quality as only those who want to see can see. And being blind is so convenient for an examiner eager to reach a high productivity. How many times, as chairman, have I seen the sentence "the preparation process being novel then the product is novel too". But thanks to ISO 9001 we are the champions of the world.

Gloria in excelcis Battistelli.


"This all ends up looking less like Europe of old and more like the US," another person wrote, noting:

In my experience, ECFS has resulted in some EPO examiners becoming more and more inclined to take a superficial view of compliance with the provisions of the EPC, and to go for as many "easy wins" as possible.

The result? More patents of questionable validity and, worst of all, more patents with claims that are completely unclear. This means more (and much harder) work, and greater expense, for third parties seeking to clear the way.

This might just be acceptable if the OD was a reliable arbiter, diligently weeding out the dodgy claims that somehow made it through the coarse filter of examination. However, given the number of times that my eyebrows have been raised when reading 1st instance decisions, I don't think that the OD can be relied upon to deliver justice often enough.

This all ends up looking less like Europe of old and more like the US - with a significant percentage of dodgy patents being granted and with 3rd parties being reluctant to challenge due to the high costs and uncertainties involved. Perhaps we can live with that. However, should the management of the EPO really be the ones deciding that this is where we end up? It does not seem the most democratic way of proceeding.


Quality at the USPTO is horrible and it's not surprising that the number of patents is soaring, not because of growth in innovation. China is more or less the same. On the 1st of April (and it's not a joke) the EPO will be increasing fees, in spite of its poor service, as D Young & Co wishes to remind us right now, noting: "Not all fees are increasing and where they are, compared with past rises, the increases are relatively small (2% maximum)."

In short, EPO in its current state of affairs grants patents sparingly, distorts statistics about patents, increases patent fees, treats applications from large corporations as a matter of priority and so on. How can Battistelli tell (with a straight face) to the Administrative Council that he has done an acceptable job? As we shall show later tomorrow, Battistelli is on his way out (high probability as there are already succession plans).

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
 
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day