Bonum Certa Men Certa

Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

Pretending all is fine and dandy won't make it so

Trump's Truck Photo Op Becomes Popular Meme
Reference: Trump's Truck Photo Op Becomes Popular Meme



Summary: Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)

THE EPO scandals refuse to end. It's almost as though Battistelli wants to lose leadership to the USPTO not just in terms of quality of patents but also quality of staff (people are walking away and the EPO is visibly desperate for applications).



"All photo-ops can backfire one day, especially if they are suggestive of a bond between individuals (public officials typically)."The other day we saw the latest Battistelli photo-op (warning: epo.org link). As usual, nobody important was in that photo-op. Respectable individuals want nothing to do with Battistelli. It's likely to turn out to be as much as a 'trophy' as an old photo-op with Jimmy Savile. All photo-ops can backfire one day, especially if they are suggestive of a bond between individuals (public officials typically).

Battistelli is visiting or appealing to south America again; we saw this coming and wrote about it some days ago. Somebody told us about the Argentina visit. We decided to check how many EPs Argentina has. Well, that's 13 patents last year (page through to granularity level/page 6 and be warned that it's another epo.org link). Cuba and Monaco (the other two 'darlings' of Battistelli) are adjacent to Argentina with 12 patents each. That's utterly minuscule compared to the United States with 21,939, Germany with 18,728 and Japan with 15,395.

"The EPO's mania (or maniac) puts the EPO at existential risk."What is the purpose of these visits? Why need they always throw in Battistelli's photo-ops? Like a king building his personal portfolio/legacy, he has taken over the entire Web site. epo.org now looks like the site of some Sultanate, with Battistelli's face and quotes showing up everywhere. We are not joking. It's like he never intends to leave the EPO and it's almost as though he views himself as "benevolent dictator for life". Is this man insane? Donald Trump has done something similar and the press berates him for it.

One reader recently told us, "we are all aware that a big amount of transparency would quickly sanitize the EPO."

Well, that's because the EPO has plenty of closets full of skeletons; they are brought out belatedly, ushering in accountability.

"It is meanwhile all too obvious/easy to see that Battistelli is not interested in quality."The EPO's mania (or maniac) puts the EPO at existential risk. This, in turn, puts many European businesses at risk. Someone recently published "Putting the Pedal to the Metal at the EPO", cross-posting an article we remarked on several days ago. It's clear that Battistelli's plan is to kill the goose for all its eggs, even if that death means that no more eggs will ever come out. Examiners may become redundant as early as next year. What happens then? There are scary speculations about that...

It is meanwhile all too obvious/easy to see that Battistelli is not interested in quality. To him, quality is just a barrier or a nuisance. The Boards of Appeal (all the boards in fact) have been thoroughly destroyed by Battistelli, but a new piece from Marks & Clerk ignores this reality by looking back at this older case:

The Board of Appeal concluded that “all due care” had not been exercised by the applicant, for two reasons. Firstly, the applicant’s system for docketing filing information did not cross-check to confirm that data had been entered into the system. An independent and effective docketing system requires a cross-check that new information is input into the system, in addition to a check that the information input into the system is correct. Secondly, the applicant had ignored the email from its European attorney notifying it that the application would be withdrawn if the renewal fee (plus a surcharge) was not paid by a specified date.


European attorneys are not cheap and a couple of days ago the EPO suggested hiring them, perhaps knowing that applicants are discriminated against without them (we covered examples of that in the past, supported by leaked communications). "Seek a patent attorney's advice," the EPO wrote, having made things complicated enough for everyone (that they need to hire outside help at rates of about $300/hour).

If the resultant patent (EP) is not even legitimate -- for it resulted from shoddy/hurried assessment -- what would it be worth? It would be worse than useless.

There is another new article from Marks & Clerk (these two were published a few hours apart) and it conveniently ignores the fact that the European Patent Convention (EPC) too has long been disregarded by crazy Battistelli; he's a serial violator, a repeat offender, yet nobody at the Council seems to mind.

Here is what Marks & Clerk wrote:

A recent decision by the EPO’s Boards of Appeal, T 1846/11, concerns an appeal filed by Rigaku Corporation (appellant) against the decision of the examining division, refusing European patent application no. 04012578.3.

This decision deals with the importance of ensuring that correct authorisations are obtained for legal practitioners to act on behalf of an applicant in EPO proceedings.

The European Patent Convention (EPC) draws a clear distinction between professional representatives (ie qualified European Patent Attorneys) and legal practitioners (qualified practitioners in a contracting state who are entitled to act in patent matters and having his place of business in that state). Examples of legal practitioners include Rechtsanwalt in Germany and solicitors and barristers in the UK. Under the EPC, legal practitioners may represent an applicant in proceedings before the EPO in the same way as professional representatives as long as the relevant authorisation is obtained from the applicant and submitted at the EPO.


Can one seriously expect the EPC to be taken seriously when the President himself shreds it? Is the EPO still a lawful institution? When judges who are independent are subjected to illegal actions by Battistelli? And mock 'trials'? Even defamation?

"Can one seriously expect the EPC to be taken seriously when the President himself shreds it? Is the EPO still a lawful institution?"Suffice to say, the EPO’s Boards of Appeal represent just one Battistelli scandal among so many. IP Kat used to cover the subject, but it does not anymore. Now it actively helps Battistelli and yesterday it yielded this new post from Katfriend Heiko Sendrowski (BASF). Isn't it great? Corporate patent attorneys now write the 'news'. "The Board of Appeal," he wrote, "emphasized that each document must be interpreted by respecting the context of each part thereof to determine its true meaning. The claims of the prior art document according to the Board chiefly serve to define the subject matter for which protection is sought. The skilled person thus understands that claims may artificially combine (and omit) features of an invention to maximize scope of protection such that claims may not "truly correspond to the technical teaching of the document" (see sec. 3.8). In the present case, all examples required a further technical feature ("user intervention"). The skilled person would thus understand that the claims of D2 do not unambiguously disclose an embodiment without the additional feature (see sec. 3.9). The appeal was therefore allowed given that the subject matter of claim 1 involved an inventive step."

So much about pertinent details regarding the Boards of Appeal yet nothing in months about EPO scandals. So much for "popular source of material, comment and amusement for IP owners, practitioners, judges, students and administrators [which] does not carry paid advertising and does not subscribe to any online advertising services" (the authors just advertise their own interests/employers).

Recent Techrights' Posts

Google Seems to Have Just Killed All Instances of Invidious
YouTube is rapidly becoming just "another Neflix"
IBM Layoff Rumours, Large-Scale Implementations Weeks Ahead (in March 2025)
There are some people corroborating
 
Destruction and Distortion of Information, Including Facts About Linux (Bonus: This is Destroying the Planet)
All that LLMs have going for them is hype, and moreover media that intentionally misrepresents them and their supposed capabilities
Microsoft Skype in a Freefall: About 20% Decrease in Site Traffic in 3 Months (Amid Microsoft Phasing Out Credits)
Microsoft axing more services/features may mean that now they scrape the bottom of the barrel and Skype will simply die, discontinuing service (like ICQ) in a matter of years
Gemini Links 12/02/2025: Depression, Gabbro, WikiTok, and More
Links for the day
Links 12/02/2025: Health, Security, and Monopolies
Links for the day
Gemini Protocol is Increasingly Important to the Net
Gemini Protocol will turn 6 this summer
Former EPO Manager Warns That the Illegal 'Court' for "Unitary Patents" Enables “Law Shopping”
Daniel X. Thomas opposed the very existence of the UPC, which any honest person could recognise was both illegal and unconstitutional
Like GAFAM, the EPO is Passing the Financial Pains to Staff
the EPO is operating illegally at this point
Morale at Microsoft Ruined by the Company Labelling Thousands of Workers 'Low Performers', Sacking Them on the Spot and Denying Them Basic Benefits
people laid off as "low performers" go to social control media to bemoan the label
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 11, 2025
IRC logs for Tuesday, February 11, 2025
Links 11/02/2025: Current state of the Internet and Smallnet Information Services (SIS)
Links for the day
Conservative Estimate: Over 10,000 IBM Workers to Be Laid Off in the Next Two Waves
The morale is low and layoffs are expected soon, with mass layoffs likely happening next month and then again later
Links 11/02/2025: Trade Wars and "Crisis for American Universities"
Links for the day
Parasitic LLM Slop Sites Destroy the Ability to Find "Linux" News in Google News
Remember that Google News laid off lots of its workers
Richard Stallman's English Talk in Italy Less Than 24 Hours Away (Torino) and Then Another Talk in Italy Scheduled (University of Bozen-Bolzano)
He's active and he travels a lot in spite of his medical condition
Links 11/02/2025: Nutritional Poverty, Closure of USAID, More Fictional 'Valuations' Around Buzzwords
Links for the day
Perl Programming Leftovers
recently in perl.org
Microsoft in Africa: From 98% to Less Than 10% in Just 16 Years
Microsoft being on less than 1 in 10 Web-connected devices in Africa is a very big deal
Almost as If MElon Reads Techrights
The joke we started appears to be spreading
Microsoft Blasted for Adding Insult to Injury: Workers Laid Off Without Prior Notice, Without Severance Payment and Basic Coverage (Like Health), Then Stigmatised as Bad Performers So They Cannot Find a Job Elsewhere
Such stereotypes end entire careers
Gemini Links 11/02/2025: NeoVim and Deploying Other People's Code
Links for the day
BetaNews is Still Publishing LLM Slop/SPAM About "Linux"
Assuming it is indeed LLM slop, it seems clear BetaNews has no intention of improving or is simply unable/unwilling to improve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 10, 2025
IRC logs for Monday, February 10, 2025
Scheduled Maintenance Tomorrow and on Valentines
If the site (or Gemini capsule) is offline for a bit, the maintenance windows are likely the root cause
If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake