Bonum Certa Men Certa

Dr. Derk Visser's Book About the European Patent Convention (EPC) Explains What Battistelli Has Done

The Annotated European Patent Convention

The Annotated European Patent Convention
"The 25th edition," says the reference page, "updated up until 15 November 2017, was published on 18 December 2017."



Summary: With quality of European Patents (EPs) and of EPO staff in rapid decline if not a freefall, we look back at the best-selling book from Visser, who warned that the Council/Organisation and the Office would "have other priorities than the role of law" if the Boards don't enjoy true independence (which they no longer do)

EARLIER today we found this British law firm promoting the EPO for assessment of patent validity; but people say that the EPO has become a lot worse/inferior even to the Spanish patent office (which isn't particularly renowned) and leaks have already shown that the EPO is not reliable for this kind of service because quantity is the mantra under Battistelli.



This has got to be a joke, but here is what they say:

In Europe, opposition at the EPO can be a cost-effective, time-efficient way to centrally challenge a granted European patent. There is a time limit for filing an opposition at the EPO, and if you miss that then each national patent derived from the European patent must instead be attacked individually according to national law. This can result in increased cost, time and effort compared to opposing the patent centrally at the EPO. Importantly, there is no estoppel in European National Courts based on opposition at the EPO.


What good is an assessment of patent validity that isn't a good assessment? Mr. Herrnst can deny to himself (and in private meetings) that Battistelli destroyed patent quality, but the reality is hard to hide (Battistelli last lied about it some days ago as he heavily depends on that lie).

"So either Visser foresaw Battistelli or someone added it to the latest edition."With Herrnst and Battistelli basically protecting each other (Herrnst is just another Kongstad so far), what chance is there for the Boards to become independent and actually add much-needed staff that can work independently and not punished/bullied like Patrick Corcoran?

Rule 12b in the above book says "it should be noted that the administrating council and the President of the EPO have decisive roles in a committee that monitors the independence of the Boards whereas both have shown on several occasions to have other priorities than the role of law..."

So either Visser foresaw Battistelli or someone added it to the latest edition. Either way, the EPC is now officially in crisis. Visser's latest article (co-authored) is titled "A hope to succeed – are the EPO Guidelines misleading?"

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
 
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025