Bonum Certa Men Certa

If Anyone Has Defamed the European Patent Organisation/Office (EPO) It's Benoît Battistelli

EPO turned into a laughing stock which repels job applicants and issues invalid patents. If CEOs can be sued by stakeholders/shareholders for mismanagement, why can't Battistelli?

Order of succession
Reference: Order of succession



Summary: The image of the EPO suffered heavy blows because of Benoît Battistelli, who also turned the Office into a succession (royalty-like) regime/kakistocracy which floods Europe with bogus patents

THE EPO has become a lot worse than a banana republic. At the moment we're doing several parallel investigations into Battistelli scandals, some of which will hopefully yield additional articles next week. How on Earth did someone like Battistelli manage to become President of this high-reputation Office? People at very senior levels had warned about him before it happened. The Office was put in the hands of a sociopath, a chronic liar, a bully and a textbook example of people who must never ever receive immunity of any kind. Donald Trump is 'small potatoes' compared to this.



"The Office was put in the hands of a sociopath, a chronic liar, a bully and a textbook example of people who must never ever receive immunity of any kind."Yesterday we saw this French article titled "France: Cambodia Joins The European … Patent Organisation". It had been published on the 4th of May (somewhat belatedly) by Francois Pochart and Geoffroy Thill from August & Debouzy. This article appears to actually celebrate the banana republic of the EPO connecting with a former French colony that has zero European Patents (EPs) -- a subject we wrote about as recently as late last year and earlier this year. Here is what they wrote:

The European Patent Organisation (EPO) confirms its expansion. The EPO now rallies 44 states far beyond the European borders. The EPO has indeed signed agreements with Morocoo [sic] and Tunisia and from now on with Cambodia; that one might regard as an old reminiscence of the former French protectorates from the beginning of the 20th century.


With "Morocoo [sic] and Tunisia and from now on with Cambodia" the EPO has begun looking like another INPI, not EPO as envisioned by the EPC. Need it be added that Battistelli picked a Frenchman as his successor (born in France, studied in France, mother is French)?

"The article is laughable because it's not about the EPO but about Battistelli, as usual; it's all about him and it's full of quotes from him."Battistelli seems to believe that he's on some sort of Napoleonic expedition across Europe, having almost reached Russia already. His lobbying tours and handouts for agenda (if not votes) has been noted here for a number of years. It often seems like he's using small countries in East Europe (with almost no EPs) to 'secure' votes. As of yesterday (warning: epo.org link), there's another new example, this time from Ljubljana. It's accompanied by a new Benoît Battistelli photo op, this time with Eva Å travs Podlogar and Vojko Toman in Slovenia. Did he do enough over there to 'secure' votes this time too? Misusing EPO budget? Like anyone is even keeping track of that budget (other than one of Battistelli's French confidants)...

The article is laughable because it's not about the EPO but about Battistelli, as usual; it's all about him and it's full of quotes from him. There's also a UPC 'plug':

Some 200 representatives from the 36 countries gathered in Ljubljana this week at the EPO's 2018 PATLIB conference to discuss how best to support companies and inventors through their patent information services. The event, organised annually since 1990, brings together staff of patent information centres to share their experience and knowledge in providing information and advice on intellectual property at local level.

"I am particularly pleased to see so many of Europe's patent information specialists here in Ljubljana today," said EPO President Benoît Battistelli, in his welcome address. "The EPO attaches great importance to supporting the PATLIB network, which serves the patent system - and the public interest - by providing much-needed patent information services, and thus fostering a favourable climate for innovation."

[...]

Both sides welcomed the news of the ratification of the Unified Patent Court Agreement by the United Kingdom last week as a decisive step forward. The EPO President also stressed the importance of a full completion of ratification of the UPC Agreement by Slovenia, not least because Ljubljana will host one of the seats of the new court's Mediation and Arbitration Centre.


So this is why he went there, no?

We have already explained why this Unitary Patent 'ratification' in the UK was mostly a stunt:



A few days ago we mentioned the latest Bristows/IAM lies about UPC (Unitary Patent). Remember that Battistelli gave over a million euros to a notorious PR agency, which later paid IAM some money for UPC lobbying. The latest nonsense from IAM is already debunked in this new comment from "Proof of the pudding" (IP Kat pushes UPC agenda, but comments do not). To quote:

I was also mulling over the reasons why a quote that I had read from Mr Johnson appears to indicate that he believes that the UPCA can come into force post-Brexit. Now I understand: his view is predicated upon the assumption that it will not be necessary to amend the UPCA (to deal with Brexit issues), as, in his view, an interpretation protocol (or statement) will do.

Mr Johnson's view presumably takes into account of the ability, under the Vienna Convention, for parties to an Agreement to reach a new Agreement regarding interpretation. Whilst I can concede that this proposed "fix" is at least not wildly implausible, it appears to me that there is still a long way to go before any conclusions can be reached upon whether it will work.

First question: is it possible for a later Agreement to provide an interpretation that was clearly not meant in the original Agreement? For example, is it possible to proclaim in a later Agreement that, were the original Agreement says "black", this is to be interpreted to mean "white"?

Second question: will an Agreement upon interpretation suffice if the proposal is to interpret the same term in different ways in different provisions? For example, the Gordon & Pascoe opinion proposes a number of amendments that seem impossible to replace with single (new) interpretations of terms.

Third question: is it even possible to craft an Agreement on interpretation if the original Agreement is not yet in force?

Fourth question: is an Agreement on interpretation even valid if, to all intents and purposes, it represents an amendment of the Agreement? This is especially pertinent to the UPCA, Article 82 of which prohibits amendment except in very specific circumstances after the Agreement has come into force.

Fifth question: the proposed "reinterpretation" takes a very different view on the fundamental nature of the court, namely seeing it as a court "Common to the Contracting States" (instead of "Common to the Contracting [EU] Member States"). Would this not have constitutional implications in the Contracting States? This suggests that any subsequent Agreement would need to be ratified according to the constitutional requirements of the Contracting States.

Any answers?


When one considers the steward of a system like UPC and bears in mind that it's worse than a banana republic, talks about "constitutional requirements" and other such 'nuisance' don't quite apply. The EPO breaks the law routinely and it never faces any legal consequences for it. Under Battistelli the EPO is just broken beyond repair; it has been reduced/diminished into nothing but a 'patent-printing machine' that's operating out of control and without supervision. Battistelli not only destroyed the EPO's reputation. He essentially defames his own employer while exploiting its financial resources to feed his other employers, e.g. in Saint-Germain-en-Laye. And he got a massive bonus for it! Who will pay the price? All of Europe. Many meritless lawsuits are coming.

Recent Techrights' Posts

Sheriff of Cork & Debian Edward Brocklesby or Brockelsby Street confusion
Reprinted with permission from Daniel Pocock
Who Is This Backup FOR, the NSA?
As Admfubar put it, "backups for everyone..."
Microsoft's Siege of Libya Coming to an End
One might be tempted to guess the users deleted Windows and installed something else
New Talk by Dr. Richard Stallman Published Two Days Ago By CeSIUM - Centro de Estudantes de Engenharia Informática da Universidade do Minho (Portugal)
The FSF no longer mentions Richard Stallman's talks, but we will
Name the Threats and Threat Actors
Looking back to 2006, there was Novell and gregkh (partly salaried by Microsoft), so these are familiar territories
The "Other" SPLC
You know you're winning the debate when censorship is explored
Microsoft: By Default, Destroy Linux
Here is what the very "polite" Microsoft Boccassi had to say
Perens on a Stick
Remember what Novell did and how few (barely anyone) sided with Novell
Andrew Tanenbaum Gets an Award for His Work on MINIX
ACM one week ago
Twitter's Fall to Irrelevancy in Europe
Musk bought a dud
 
Links 25/06/2024: Julian Assange Freed From Prison, "AI" Bubble Imploding Some More
Links for the day
Three Points About Julian Assange Plea Deal
There is still a secret problem
[Meme] EFF Became a 'Bunch of Pussies' Working for GAFAM (and Sponsored by GAFAM)
It won't protect people, except very rich people's interests
IBM Does Not Care for the Blind (Wayland Harms Accessibility)
What a punch in the gut
Tux Machines Past 20: Still Thriving
Now 20 years and 2 weeks old
[Meme] Microsoft is Coming /Home
"LOL, REAL SORRY!!!"
Gemini Links 25/06/2024: Old Computer Challenge; An Opinionated GNU/Linux Guide
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 24, 2024
IRC logs for Monday, June 24, 2024
IEEE Computer Society on Andrew Tanenbaum, Winner of ACM Award, Who Also Inspired Linux Development
10 years ago
FSF Looking to Raise Money by Adding 200 New Members by July 19
The FSF is in good shape, according to Alexandre Oliva
Not Only Does It Not Add Security... (UEFI as a 'Bug Door')
SecureCore?
Data From Monaco Should Alarm Microsoft
Just how many people are deleting Windows and installing something else this year?
Linux in Central Sahel (Burkina Faso, Mali and Niger)
Vast area, vast number of "Linux users" (if one counts Android as such)
[Meme] Gagging One's Own Staff as a Signal of Corporate Distress
Censorship at Microsoft
Staying the Course
censorship isn't easy against sites that understand ways to resist it
The 'All-Seeing' Microsoft Eye
Microsofters are observing us closely
Links 24/06/2024: Long COVID and "How I Write Blogs"
Links for the day
Allegations That Microsoft is Covering Up Employee Dissatisfaction and Using a Survey to Catch 'Risk' to the Cult Mentality
This favours or gradually socially-engineers a company for sociopathy
'Linux Hint' Inactive for Nearly a Month (It Used to be Very Active)
Their Twitter account hasn't been active for a long time and it's not too clear what's going on
An Unexpected GNU/Linux Trend
Burkina Faso is changing and not just politically
Android (Linux) at New Highs in Burkina Faso, Now Measured at 72% (Windows Was Measured at 98% 15 Years Ago)
based on this month's estimates
With 0.76% for ChromeOS and 3.7% for GNU/Linux (4.5% Total) Burkina Faso Approaches 5% for 'Linux'
More if one counts Android as "Linux"
Gemini Links 24/06/2024: Being Dull and OpenSSH Autoban
Links for the day
EPO Issues in The Hague
a report dated 4 days ago about a meeting that took place 12 days ago
[Meme] Garbage in, Garbage Out (EPO Patent Quality)
"Get back to work"
When the Employer Makes You Too Sick to Go to Work (New EPO Document)
"registering when you are sick"
[Meme] 'Useless' Kids of EPO Examiners
malnourished?
Granting Loads of Monopolies in Europe (to Foreign Corporations of Epic Size and Far Too Much Power Inside Europe) is Vastly More Important Than Raising European Kids Properly?
"Efficiency" first? Whose? Corporations or families? No wonder so many young families are hesitant to have any kids these days; that's particularly true in east Asia and also in north America, not just Europe
[Meme] Putin's Red Flags
Firefox ESR or Firefox USSR
The Corporate/Mainstream Media and Even Social Control Media is Distorting the Record About What Mozilla Actually Did (It Originally Surrendered to Vladimir Putin)
Mozilla being avoided for purely technical reasons (sites not being compatible with it) is one thing. Foolishly, Mozilla is giving people more political reasons to also shun Mozilla. This is suicide.
GNU/Linux Up Some More This Morning, Windows Down Sharply Even in Rich Countries
Microsoft is in trouble in the Muslim world
United Arab Emirates (UAE) Rising... Towards 5% for ChromeOS and GNU/Linux
the latest numbers show it growing from about 0.1% to around 2.4% for GNU/Linux, plus 2.01% for Chromebooks (ChromeOS), i.e. about 5% in total.
Techrights in the Coming Decade: The Free Speech (Online) Angle
Free speech is a fundamental tenet of a free society
Links 24/06/2024: New Research, New Attacks on Justices Sceptical of Patent Maximalists, European Commission for Copyright Maximalists
Links for the day
[Meme] 12 Years a Fedora Volunteer
IBM gives me a 'free' Fedora badge as recognition
IBM Slavery: Not a New Problem
When IBM got rid of Ben Cotton it showed the world how much it valued Fedora
Why They Want to Abolish Master/Slave Terminology (Because This is What They're Turned Free Software Into)
It used to be about community; GAFAM turned that into exploitation and worse
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) Version 0.2 is Released
They say summer "officially" started some days ago
Torvalds' Number Two Quit Linux a Decade Ago and Has Since Then Earned an Honorary Doctorate
Revisiting Fuzix and Alan Cox
GNU/Linux Reaches All-Time High in Tunisia
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 23, 2024
IRC logs for Sunday, June 23, 2024
Edward Brocklesby (ejb) & Debian: Hacking expulsion cover-up in proximity to Oxford and GCHQ
Reprinted with permission from Daniel Pocock
You Know the Microsoft Products Really Suck When...
"Qualcomm and Microsoft go 'beyond the call of duty' to stop independent Copilot+ PC reviews"
IBM and "Regime Change"
Change of regime is not the same as freedom
Microsoft Windows in Nicaragua: From 98% to Less Than 25%
Operating System Market Share Nicaragua
Techrights in the Coming Decade: The Community Angle
Somebody needs to call them out on their BS
Techrights in the Coming Decade: The Software Angle
Gemini Protocol has just turned 5 - i.e. roughly the same age as our Git repositories
Techrights in the Coming Decade: The Patent Angle
Next month marks 10 years since we began covering EPO leaks
Wookey, Intrigeri, Cryptie & Debian pseudonyms beyond Edward Brocklesby
Reprinted with permission from Daniel Pocock
[Meme] Choice Versus Freedom
So When Do I Start Having Freedom? Freedom is choice between the GAFAMs
Digital Liberation of Society at Times of Armed Conflicts and Uncertainty
We have technical contributions, not just written output
Links 23/06/2024: More Microsoft Cancellations, Growing Repression Worldwide
Links for the day
Gemini Links 23/06/2024: The Magician and the Hacker, tmux Tips
Links for the day
Links 23/06/2024: Twitter/X Wants Your Money, Google Reports a Billion DMCA Takedowns in Four Months
Links for the day
Digital Restrictions (Like DRM) Don't Have Brands, We Need to Teach People to Hate the Underlying Restrictions, Not Companies That Typically Come and Go
Conceptually, the hens should fear humans, not the farmer who cages them
Going Above 4% Again
Maybe 4% (or above) by month's end?
[Meme] Debian's 'Cannon Fodder' Economics
Conflicts of interest don't matter
Conviction, jail for Hinduja family, Debian exploitation comparison
Reprinted with permission from Daniel Pocock
According to Microsoft, It's Not a Code of Conduct Violation to Troll Your Victims Whose Files You Are Purging
The group of vandals from Microsoft think it's "funny" (and for a "nominal fee") to troll Microsoft critics
Microsoft Inside Debian is Sabotaging Debian and Its Many Hundreds of Derivatives With SystemD (Microsoft/GitHub Slopware With Catastrophic Bugs is Hardly a New Problem)
What is the moral of the story about The Scorpion and the Frog?
Links 23/06/2024: Hey Hi (AI) Scrapers Gone Very Rogue, Software Patents Squashed at EPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 22, 2024
IRC logs for Saturday, June 22, 2024
Gemini Links 23/06/2024: LoRaWAN and Gemini Plugin for KOReade
Links for the day