Bonum Certa Men Certa

Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

Battistelli liar Source (original): Rospatent



Summary: Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

Battistelli has (almost singlehandedly!) done so much damage to the EPO. He brought into the EPO some truly dodgy people and former colleagues (and their family members), he attacked the staff representatives, and he even attacked justice itself (putting aside the poetic/Orwellian action of attacking a judge).



"He brought into the EPO some truly dodgy people and former colleagues (and their family members), he attacked the staff representatives, and he even attacked justice itself (putting aside the poetic/Orwellian action of attacking a judge)."How on Earth is Battistelli still working at the EPO and permitted to waste extraordinary amounts of money buying the media while lying to everyone? "In a sane world (not Eponia)," as I put it yesterday, "he'd be asked to pack up his things and leave by day's end." The only people dismissed so far are basically 'whistleblowers', i.e. people who are brave enough to say the truth -- however politely -- about Battistelli. It's like Eponia became a miniature North Korea at the very heart of Europe and politicians lack the authority (sometimes even the will) to intervene.

According to this new article from Finnegan, Henderson, Farabow, Garrett & Dunner LLP: "In an attempt to tackle the backlog, the EPO has launched a new initiative to encourage applicants to abandon their applications in exchange for a refund of the official examination fee."

"Patent applications will have run out in a couple of years. What then? No more examination at all?"Well done, Battistelli. Great job! So granting/approving (often in error) all sorts of very old applications takes its toll on new ones. What will be left of the EPO other than a fossil if this carries on? Patent applications will have run out in a couple of years. What then? No more examination at all? No examiners? Machine 'examination' alone? All applications accepted by default, irrespective of merit and novelty? Quite a few EPO insiders seem to believe so when they fear the worst and look at the French system, examining its obvious failures.

Another new article from Finnegan, Henderson, Farabow, Garrett & Dunner LLP says: "In this edition, we consider the IP5 offices’ proscription against the introduction of new subject matter into a patent application that has already been filed. While it is not surprising that all IP5 offices disallow introduction of new matter into a patent application, what constitutes “new matter” differs among the IP5 offices, as discussed below."

IP5 is a collective term referring to large patent offices, including the notorious (for patent quality) USPTO. Mind the fact that the US is moving away from software patents right now (more on that in the weekend), whereas the EPO moves in the opposite direction. As a patent attorney implied the other day, the EPO is now more software patents-friendly than the USPTO. To quote [1, 2]: "I'm working on a family of software patents/apps where EPO allowed patent, surveved [sic] 2 oppos; but US rejected as ineligible. The software patent family is large, many countries. ONLY THE USPTO FOUND SUBJECT MATTER INELIGIBLE."

"If the EPO gets away with granting more and more software patents (UPC would contribute a great deal towards that), then we should expect a lot of patent trolls to park in Europe and damage a lot of businesses (some of which I heard from personally)."The "EPO is corrupt," Benjamin Henrion responded to him, reflecting a change in public perceptions.

If the EPO gets away with granting more and more software patents (UPC would contribute a great deal towards that), then we should expect a lot of patent trolls to park in Europe and damage a lot of businesses (some of which I heard from personally). This, in turn, would suck money out of the economy, elevate prices of things, and make Europe a lot less competitive. But hey, Battistelli can crow about "production, production, production!" (at least until the applications run out and operations dry up)

Yesterday we saw the EPO once again promoting its India-Europe software patents fest. Patent maximalists and boosters like Battistelli (who has no patents and no scientific background) would have us believe that the more the merrier; obviously! See what the page says; it speaks explicitly about software patents which are banned in Europe and also banned in India.

Speaking of which, here we have a British site publishing a new article titled "Patenting the abstract – can you patent code?"

It was published this morning and it talks about Europe and the UK:

Patent applicants, and indeed patent attorneys, can spend a lot of time gazing at that window, occasionally hurling rocks at it: where does the line lie between a computer program ‘as such’ and a computer program which can count as a ‘real’ invention? There is certainly no hard and fast answer to that and each idea must be assessed on its own merits. What we do have is a body of examples from cases which have been considered by the European Patent Office (EPO) and the UK courts which at least may help to clarify the boundary. In the examples which follow, I have made no particular distinction between cases in the UK and before the European Patent Office (EPO) although in fact there are differences (despite a broad intention of conformity). Currently, the UK Intellectual Property Office (UK IPO) seems much more likely to raise an objection that an idea is excluded from patentability – is a non-invention – than the EPO. That doesn’t mean computer-implemented ideas get a particularly easy ride before the EPO; the EPO’s current practice is only to consider ‘technical’ features as contributing to the inventiveness of an idea and, if your only technical feature is a common computer, the same idea that could be identified as a non-invention at the UKIPO could be determined to be not patentable as it is not inventive when considered at the EPO. That said, if I was asked to choose how to attempt to protect a computer-implemented idea in the UK right now, I’d chose to do so via the EPO – it is my view that the UK IPO is currently less friendly to potential ‘non-inventions’ than the EPO.


Over in India today we found this clueless new rant from a patents-centric person, bemoaning India's ban on software patents. Watch some of his arguments:

Elite technology companies (including TCS, Yahoo, Samsung, Ericsson, Microsoft and Philips) from more than 10 countries had their CRI applications rejected in India in the past six months. Besides rejections, many applicants, including high-tech Indian companies such as Wipro, have started to receive negative examination reports calling for rejection of their patent applications. This can call into question the quality of patent examination in India for inventions in advanced software as well as communication technologies.


A lot of the companies named above actively feed patent trolls (Ericsson and Microsoft for instance) and are using software patents offensively, in highly controversial circumstances. If India's laws prevent them from expanding the plague of patent trolling to India, then that is absolutely great. This author calls "elite technology companies" not Indian companies but a bunch of multinationals trying to cement their monopolies (or near monopolies). These arguments are similar to those made by the patent profiteers in Europe, notably patent law firms and tax-evading patent tax-wielding giants like Apple and Microsoft (which Battistelli is totally clueless about and offers preferential treatment to)

At the EPO, unfortunately, Battistelli remains a "President" for now, but he lost respect; staff distrusts him and some prominent delegates tell him off; they're not afraid of him anymore, even in the face of epic tantrums.

Recent Techrights' Posts

Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
 
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025