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

Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
 
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day
Site Archives (Not WordPress)
We've finally finished the work
[Meme] The EPO Delusion
on New Ways of Working
EPO Representatives Outline Latest Attacks on Staff
Not much has happened recently in terms of industrial action
Links 18/05/2024: Revisiting the Harms of Patent Trolls, Google Tries to Bypass (or Plagiarise) Sites Under the Guise of "AI"
Links for the day
Links 18/05/2024: BASIC Story, Site Feeds, and New in Geminispace
Links for the day
GNU/Linux in Kyrgyzstan: From 0.5% to 5% in Eight Years
the country is almost the size of the UK
Justice for Victims of Online Abuse
The claims asserted or pushed forth by the harasser are categorically denied
[Meme] Senior Software Engineer for Windows
This is becoming like another Novell
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Links 18/05/2024: Deterioration of the Net, North Korean IT Workers in the US
Links for the day
Windows in Lebanon: Down to 12%?
latest from statCounter
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Links 18/05/2024: Caledonia Emergency Powers, "UK Prosecutor's Office Went Too Far in the Assange Case"
Links for the day
Microsoft ("a Dying Megacorporation that Does Not Create") and IBM: An Era of Dying Giants With Leadership Deficits and Corporate Bailouts (Subsidies From Taxpayers)
Microsoft seems to be resorting to lots of bribes and chasing of bailouts (i.e. money from taxpayers worldwide)
US Patent and Trademark Office Sends Out a Warning to People Who Do Not Use Microsoft's Proprietary Formats
They're punishing people who wish to use open formats
Links 18/05/2024: Fury in Microsoft Over Studio Shutdowns, More Gaming Layoffs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 17, 2024
IRC logs for Friday, May 17, 2024
Links 18/05/2024: KOReader, Benben v0.5.0 Progress Update, and More
Links for the day
[Meme] UEFI 'Secure' Boot Boiling Frog
UEFI 'Secure' Boot: You can just ignore it. You can just turn it off. You can hack on it as a workaround. Just use Windows dammit!
The Market Wants to Delete Windows and Install GNU/Linux, UEFI 'Secure' Boot Must Go!
To be very clear, this has nothing to do with security and those who insist that it is have absolutely no credentials
In the United States Of America the Estimated Share of Google Search Grew After Microsoft's Chatbot Hype (Which Coincided With Mass Layoffs at Bing)
Microsoft's chatbot hype started in late 2022
Techrights Will Categorically Object to Any Attempts to Deny Its Right to Publish Informative, Factual Material
we'll continue to publish about 20 pages per day while challenging censorship attempts
Links 17/05/2024: Microsoft Masks Layoffs With Return-to-office (RTO) Mandates, More YouTube Censorship
Links for the day
YouTube Progresses to the Next Level
YouTube is a ticking time bomb
Journalists and Human Rights Groups Back Julian Assange Ahead of Monday's Likely Very Final Decision
From the past 24 hours...
[Meme] George Washington and the Bill of Rights
Centuries have passed since the days of George Washington, but the principles are still the same
Daniel Pocock: "I've Gone to Some Lengths to Demonstrate How Corporate Bad Actors Have Used Amateur-hour Codes of Conduct to Push Volunteers Into Modern Slavery"
"As David explains, the Codes of Conduct should work the other way around to regulate the poor behavior of corporations who have been far too close to the Debian Suicide Cluster."
Video of Richard Stallman's Talk From Four Weeks Ago
2-hour video of Richard Stallman speaking less than a month ago
statCounter Says Twitter/X Share in Russia Fell From 23% to 2.3% in 3 Years
it seems like YouTube gained a lot
Journalist Who Won Awards for His Coverage of the Julian Assange Ordeals Excluded and Denied Access to Final Hearing
One can speculate about the true reason/s
Richard Stallman's Talk, Scheduled for Two Days Ago, Was Not Canceled But Really Delayed
American in Paris
3 More Weeks for Daniel Pocock's Campaign to Win a Seat in European Parliament Elections
Friday 3 weeks from now is polling day
Microsoft Should Have Been Fined and Sanctioned Over UEFI 'Lockout' (Locking GNU/Linux Out of New PCs)
Why did that not happen?
Gemini Links 16/05/2024: Microsoft Masks Layoffs With Return-to-office (RTO) Mandates, Cash Issues
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 16, 2024
IRC logs for Thursday, May 16, 2024
Ex-Red Hat CEO Paul Cormier Did Not Retire, He Just Left IBM/Red Hat a Month Ago (Ahead of Layoff Speculations)
Rather than retire he took a similar position at another company
Linux.com Made Its First 'Article' in Over and Month, It Was 10 Words in Total, and It's Not About Linux
play some 'webapp' and maybe get some digital 'certificate' for a meme like 'clown computing'