Bonum Certa Men Certa

What If EPO Under Battistelli Gets Broken Beyond Repair Just Like the UPC?

Not only the Unified Patent Court (UPC) is going down under but also its chief proponent, who might take the Office and the whole Organisation with him to the grave unless his nepotists' regime gets stopped peacefully (unlike in Turkey right now)

Battistelli digs his own UPC grave



Summary: The latest evidence surrounding the demise of the EPO's reputation and quality of work, as well as the demise of the system Battistelli forcibly tries to introduce (a race to the bottom)

THE EPO is preparing for the next lobbying event of Battistelli. It will (if he survives this long in the job) cost him millions of Euros. Oh wait, no... he'll have the EPO foot the bill, as usual. What has happened to the EPO? Even the marketing stinks (almost no tweets today and in yesterday's truly awkward tweet no links were included, just the usual and rather corny stock photography). People keep telling me (privately) that quality of patents nosedived and some people even write about it publicly. This clearly isn't the EPO I respected and wrote about (sometimes positively) a decade ago. It is rapidly going defunct and if we strive to save the EPO, then we aren't doing a terribly effective job so far. The deeper Battistelli sinks, the more damage is caused and still he refuses to resign while the Administrative Council fails to do its job and fire him. That's just how messed up the Office and the whole Organisation became after Battistelli's (and his circle) coup. "I don't know," wrote one person today about whether Battistelli just wants to ruin the Office. "However, I have my suspicions that money may be at the root of all of this." Remember that Battistelli's contracts remain secret and information we have about his current salary contradicts what he publicly stated. The Administrative Council's Chairman is complicit in hiding information about this, so what kind of oversight is this? Even FIFA looks like an institution of integrity compared to this.



"The Administrative Council's Chairman is complicit in hiding information about this, so what kind of oversight is this?"It might take a while longer to save the EPO (meaning, saving it from the coup d'état), but one thing that won't be saved is the UPC, at least right here in Britain. This 'baby' of Battistelli is being "knifed" (to use the proverb) before it's even born.

"Following Brexit," said IP Magazine, "the EPLIT has urged the government to take the necessary steps in ratifying the UPC Agreement" (EPLIT is just a bunch of self-serving parasites and this article, which is behind a paywall, fails to say that EPLIT overlaps Team UPC, i.e. those who stand to benefit from their own antidemocratic creation).

"Even FIFA looks like an institution of integrity compared to this."To quote the article: "Following the UK’s June ‘Brexit’ vote, the European Patent Litigation Association (EPLIT) has urged the country’s government to take the necessary steps in ratifying the Unified Patent Court (UPC) Agreement ‘as soon as possible’."

Once again they are showing their true colours and utter disdain for democracy or law for and by the people. This is a theft of democracy; they're trying to steal democracy in order to increase their profits. They're not even hiding it anymore.

"A longtime pro-UPC blog finally admits that UPC is in very serious trouble."Truth be told, the UPC is dying, hence its constructors are rather nervous. They've tried to write the law behind closed doors for a number of years and it all goes down in flames this past month. Cronyism is self-defeating in this case.

A longtime pro-UPC blog finally admits that UPC is in very serious trouble. Earlier today it published "Brexit vote: ‘Prepared path to Unitary Patent system might not exist anymore’" [via]

To quote a portion: "Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel Walz, co-founder of the IP Dispute Resolution Forum (IPDR) in Munich, these topics have been discussed a lot among German colleagues after the UK vote of 23 June 2016 to leave the European Union. In an interview with Kluwer IP Law Walz said he thinks it is ‘at least doubtful’ whether EU law allows for the establishment of a Unitary Patent system with the inclusion of a non-EU-member."

Henrion wrote about the above that "European companies are still protected from the harmful effects of UPC specialized patent court and patent trolls..."

Well, we need to ensure it stays that way.

Regarding the UPC and EPO, one person wrote at IP Kat:

May i suggest that someone might like to check what the EPO management's line on all this is? Rumour had it that top management may be preparing for a delay in the EU patent with consequences for other projects/roadmaps. That may be an indicator of what is going to happen. The EPO won't dictate matters but will be reliant and perhaps well informed.


Well, the UPC is increasingly being recognised as a dead end by the legal community/profession, as we showed here before. A day or two ago two more articles were published on this matter. One was titled "Is Brexit an IP Exit?" It said: "The Unitary Patent, which has been moving towards approval, provides for a single patent which can be granted for all EU-member countries, with a single Unified Patent Court for enforcement throughout the EU. Prior to the Brexit vote, it was widely expected that the Unitary Patent and Unified Patent Court would be implemented by mid-2017. However, it is likely that the uncertainty created by the Brexit vote will delay this implementation date. Moreover, many commentators believe that the U.K. is unlikely to be allowed to participate in the Unitary Patent and Unified Patent Court after it leaves the EU, as it would require the EU to provide the U.K. with a benefit without its corresponding EU obligations."

“Rumour had it that top management may be preparing for a delay in the EU patent with consequences for other projects/roadmaps.”
      --Anonymous
Another new article about this was titled "Brexit Prompts IP Uncertainty for US Portfolios" and it said that "[s]hort-term, the exit will have little to no effect on patents. The UK is a signatory to the European Patent Convention of 1973. As such, its patent system is governed by the European Patent Office (EPO). The EPC is a treaty separate from the EU. Indeed, countries such as Albania, Norway and Switzerland are not members of the EU, but are member states of the EPO. Similarly, it is anticipated that the UK will remain a member state of the EPO, and UK patents and process will still be governed by the EPC.

"That said, the EU was expected to launch the so-called Unitary European patent system and a Unified Patent Court (UPC) to resolve issues related to the Unitary Patent. Under this new unitary patent system, a single EU patent would issue from the EPO, offering patent protection throughout the entire EU. This contrasts with the current EPO system, under which the EPO performs a centralized examination and then returns the application to the individual national patent offices, which then issue their own national patent, conferring their respective bundles of patent rights. It was anticipated that the EPC would receive sufficient ratification signatures to come into effect sometime in 2017.

“You want only justification for the existence of the UPC.”
      --Anonymous
"However, the terms of the EPC agreement require UK ratification of the agreement in order to come into effect. If the UK is outside of the EU, it is reasonably anticipated that that launch of the Unitary Patent and the UPC may be delayed. We are waiting to hear from the respective EPC negotiators what specific effect the formal withdrawal will have. For example, the agreement may be altered to remove the requirement of the UK accession, and proceed with another country as one of the three required signatories. Alternatively, and depending on how other bi and multilateral negotiations progress, it is also possible that the UK might be permitted to join the unitary patent system without being a member of the EU. Accordingly, due to the uncertain future of the unitary patent system, clients planning to take advantage of that system should reevaluate their future filing strategies."

Going back to IP Kat, one person wrote in a tongue-in-cheek fashion: "You want only justification for the existence of the UPC. You are a true European. President Juncker will add you to his Christmas card list."

Another person was sort of faking (wishful thinking) a statement of UPC agenda and someone wrote that "UPC will create a single point of failure for software patents in Europe," demonstrating that not only patent lawyers 'in the know' are involved in this discussion at this stage. Responding to "they DO represent all of British industry" (about a bunch of patent maximalists) the person said: "Sorry, my company was not part of it. The UPC will create a single point of failure for software patents in Europe, and those patent crooks can hardly deny that. In fact, we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive."

“...we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive.”
      --Anonymous
Notice the part which says "we should go in web demonstration mode against the UPC like my company did for the past failed software patent directive." Is it 2005 all over again? Will it ever be?

An anonymous commenter said: "What are you on about? It isn't clear to me whether you want or don't want software patents. I wouldn't want you representing me..."

Well, clearly not a software developer this last comment... no software developer that I know ever wanted or defended software patents. The more software professionals get involved in this debate (over UPC) at this stage, the better. Battering of what remains of the UPC will help ensure it's nailed inside a coffin for good; no more renames and embellishing (for marketing to new European politicians who are clueless on these matters).

Recent Techrights' Posts

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
 
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025