Reference: The Killing of Psychiatric Patients in Nazi-Germany between 1939 – 1945 [PDF]
SUEPO (the only dominant EPO trade/staff union) leaders must be busy with their legal cases against EPO management (one to start/resume upon appeal later this year in the Supreme Court at The Hague, the other one having just started exactly a week ago), so it is not saying much about the monumental injustices at the EPO, at least not publicly. Having said that, anonymous voices continue to appear at IP Kat's comments, in spite of lack of coverage there about the EPO's situation (nothing for weeks now).
What good will it be to them to have good patents if their competitors can shut them down with vague and broad patents at the UPC?
A very important fact has been forgotten in Merpel's article: the president of the council did not distanciate himself from the interference from Battistelli. Look at the text of the decision. Basically, what this means is that both the council and Battistelli view the enlarged board of appeal as subordinate to them and not as independent. The council did not object in their latest session.
In plain words: the enlarged board of appeal was expected to simply rubber-stamp a decision already taken. Even if the investigation was fraught with problems as some of the earliest comments in this thread noted.
These are the standards of justice of Battistelli and, we now understand, from the council. That is basically what the decision says.
Now, the all new UPC is created behind closed doors by the very same persons. How high do you expect the judicial standards of the new court to be?
Bonus question: how do you expect your clients to protect themselves against future decisions of the UPC?
Not sure I follow the logic here. I'm not saying that the national route produces stronger patents. I'm saying that, whereas the EPO previously provided a useful due diligence service (search and examination), this has now been diluted to the point where the national offices offer a competitive and lower-risk alternative.
Crap patents are fine, just as long as everyone recognises that they're crap. The danger comes when a court (UPC or any other) starts with a presumption of validity, just because it's a European patent.
Crap patents are not fine, even the USPTO is getting convinced. And if the UPC independence is of the same kind as the enlarged board of appeal indepence, that is not fine either.
The article above describes a very serious problem. In most countries, interfering with the independence of justice would trigger a constitutional crisis.
The article above describes a very serious problem. In most countries, interfering with the independence of justice would trigger a constitutional crisis.
Apart from Turkey where a constitutional crisis triggers an interference with the independence of justice ... :-)
The Boards of Appeal are now paying a very high price for asserting their independence. Following the approval by the Administrative Council of the reform proposed by Mr Battistelli, they will firstly be exiled to a corner of the Munich area, viz. Haar, which is very well known for its psychiatric hospital, possibly a humorous touch introduced by the president.
Secondly, renewal of the members' appointment every five years, which used to be the default (in fact, it has never happened that a member was not re-appointed) is now subject to, among other, a performance evaluation. Coupled with another element of the proposal, i.e. to increase the cost coverage for appeals from 6,3% to 20-25%, firstly by increasing the members' productivity, there will now be a high pressure on members to focus on production if they don't want to lose their job. And if they lose their job, taking up another job will now only be possible after approval by the Administrative Council.
Finally, Board of Appeal members will be excluded from "step advancements", which are open to all other staff at the EPO, i.e. the members' salaries will be frozen.
It was already known that if Mr Battistelli doesn't like you, he will hit hard. He has proven this again with the reform package for the Boards of Appeal.
Do you have good reason for believing that the BoA will be moved to Haar?
EPO – CA-43-16 Rev. 1: "As a main precondition, criteria like good traffic links and appropriate accommodation standards were taken into account".
Although I do not know much about it, I doubt that Haar would satisfy this main precondition. For a start, there appear to be very limited hotel and restaurant facilities in the immediate vicinity of the S-Bahn stop, which is itself a significantly longer journey (by S-Bahn) to / from the airport.
Also, is there not going to be any consultation with users about this? If the decision is Haar, then I can envisage the users getting hopping mad about this - especially as they would be paying significantly more in appeal fees for the "privilege" of having an additional journey out of Munich centre to stay in hotels that may be unappealing to some. And all to address what the users have consistently argued was a non-issue, whilst no real progress (in fact, quite the opposite) has been made in addressing the substantive issues relating to the independence of the BoAs.
I know that a proposal for a new BoA location has to be put to the Budget and Finance Committee, but am unsure if the AC needs to take a formal decision upon that proposal. If so, then it looks like users will need to engage in intensive lobbying of AC representatives if the proposal really is for somewhere outside of Munich centre.
Like someone wrote above, GET REAL.
What consultations were there in the first place regarding the so-called "reform" of the BoA? What was the public's input in that hastily load of garbage pompously called a "plan"?
Were the outcries of the public, judges, etc. heeded when a BoA member was given the virtual sack for what was apparently a crime of lèse-majesté?
If the rumours are true, it looks EPO will be gaining an office that is outside of Munich city centre and that (compared to the Isar building) is more difficult for visitors to Munich to reach and is by far less well supplied with hotel accommodation, restaurants and other facilities that such visitors will need.
If the EPO management were being truly practical about this, then they would decide that such an office really ought to be occupied by the department(s) of the EPO that receive the fewest visitors. Given that pretty much everything that the Boards of Appeal do involves summoning visitors to Munich, I am certain that it makes no sense whatsoever to move them to Haar.
With this in mind, if the EPO president really is determined to physically separate the two current residents of the Isar building, then logic dictates that it really ought to be the other resident (that is, the president himself) who moves to Haar. Anyone up for lobbying the representatives to the AC to vote for this alternative?
The Enlarged Board of appeal did not rubber-stamped the decision that the president and the council asked them. Probably for this reason they are going to be moved, although several suitable buildings are available in Munich, to Haar, a village outside Munich mostly known for its lunatic asylum. Next time they will think twice before taking a decision that does not please BB or the council. So much for the judicial independence.
It seems that some applicants have their offices in the same building complex.
The board members will improve their perceived independence by discussing the inventions directly with the inventors at lunch.