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IAM’s MANY writings about patents have been followed by yours truly for over half a decade. It is starting to look more plausible (or probable) that IAM blocked many people because it had become the girlfriend of Battistelli and the EPO. There was also an event for patent trolls organised just months after this site’s setup.
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THE President of the EPO has been doing some UPC lobbying recently (including unbelievably shallow puff pieces with so-called 'correspondents' who read from a pro-EPO script). The EPO lobbying politicians to promote software patents is a bit like some Department of Housing promoting the handing out of more building permits. In our previous posts we showed some EPO material being disseminated too; was this distributed in the European Parliament?
As we did back in the Novell days, we now have lots of trackers on the EPO, helping us quickly identify cases of EPO lobbying and manipulation of the media. All those years SUEPO was able to co-exist with the management, but it’s only Battistelli that could not tolerate such staff unions.
One interesting finding that we’ve managed to net is this old press release from almost a decade and a half ago.
As has been widely reported in the last few days, the European Patent Office appears to consider itself not to be bound by European Directives.
Although originally intended to be the authority charged with the grant of patent rights for the European Community, the EPO was created outside the framework of the European Union. This Administrative Council is currently contemplating far-reaching changes to the Eurpoean Patent Convention. The Administrative Council has put the Office under pressure to grant patents as fast as possible, without, however, creating the conditions that would make it possible to recruit the necessary staff. Even criminal law is disregarded: In 1995 the then President of the EPO physically attacked and injured a staff member, the Administrative Council of the EPO subsequently refusing to lift the immunity of the President.
The Administrative Council has shown a tendancy to treat the office as a commercial entity rather than as the public service organisation it is.
On June 19th the staff of the EPO in Munich striked (photos…) against the undermining of the European Patent System by the body entrusted with its governance, the Administrative Council. Professor Harhoff: It is undoubtedly good that the European Patent Organisation benefits from the experience of national institutions and experts. From my experience over the last forty years, I can only warn against diluting that clear position, e.g. It’s clear that for quite a long time now SUEPO has known about inherent issues inside the EPO.
SUEPO has sincere, genuine concerns, not some efforts to maliciously scandalise its members’ employer. THE US patent system, the USPTO (which also combines another aspect, trademarks), is arguably creating a chilling environment that at times can discourage innovation. Looking to this new article from a lawyers’ site, it becomes clearer just how some patents can discourage creation, either pre-actively, out of fear, or after the work was already done.
Justin Blows, an Australian patent attorney, speaks about the recent trolling with encryption patents (patents on software).
My twopence worth - the bike's a 29er, there isn't really room for 27.5+ between the chainstays. I have a 30mm and 40mm stem that I'll toy around on the EPO, likely one of them will hit the spot. I think the seat tube length is OK - at 31" inseam I have plenty of slack with 125mm dropper (of course depends on saddle). An investigation can therefore not be initiated by the president unless he is the victim or the witness to a case of harassment. SUEPO claims that this staff member, obviously not being president Batistelli, made a vexatious and absurd (or false) accusation against staff representatives. The investigation unit however studied the case and concluded that there was a case of harassment, informed the persons concerned (according to article 12(4)) and started an investigation (according to article 12(6)).
According to article 15(1) of Circular 341 a Report of the findings is drafted and send to the complainant and the subject of the investigation.
Finally on the basis of the allegations, that never happened, and the harassment of complainants, that also never happened, and the results of the investigation, which were fabricated (by the same investigation unit?), the president takes a decision to apply a heavy sanction. We will see what ATILO will decide relatively soon but suppose that the ILO tribunal decides to keep the sanction and to follow the disciplinary committee then would that mean that ATILO is also involved the complot of fabricating vexatious and false accusations against union reps. Chalk this up as another example of gross privacy violations and incompetence of EPO management.
It gives money to patent lawyers (who along with large corporations that employ them stand to benefit from more lawsuits, injunctions, etc.), but what about the rest of European society? Once made visible and known to more people, everything the EPO does looks like manipulation of media.
Ces excedents lui permettent de financer des professionnels des relations publiques pour influencer les choix du Parlement Europeen.

We are going to try to inform journalists whom we believe got bamboozled or exploited by the EPO.
He added to his team a notorious aggressor who refuses to even acknowledge SUEPO's existence.
In the specific case mentioned there was an alleged contravention of the Directive on Biotechnology in relation to European Patent EP-B1 0 695 351. These changes will effectively mean that in future the Administrative Council can decide autonomously on the future direction of the law governing the award of patent rights in Europe, and the very law by which it is governed itself.
This means that the existing staff, already working to their full capacity, are being put under pressure to examine cases faster and faster.
This results in the continuing demands for ever more granted patents, while refusing to increase the resources of the European Patent Office accordingly. Simultaneously there was a demonstration held in Bern, in front of the Swiss Patent Office – home of Mr. Certainly the fact that members of the Administrative Council are heads of national patent offices interested in the transfer of workload from the EPO raises a conflict of interest when such transfer is discussed by the Council.
However, there are problems, on principle, with the fact that the EPC contracting states, or rather their national offices, profit financially from EPO-granted patents by virtue of their 50% share of the renewal fees, yet simultaneously would have to approve any measures leading to a greater focus on quality and thus to fewer patents. Now isn’t a bad time to unearth old criticisms, many of which still apply and are relevant. This has been a subject of active debate for quite some time because in some domains, such as software, any development work can be done quickly by a single person, to whom it is infeasible to study a lot of patents before undertaking the development work. I'm 5"8 and ride a medium stumpy fsr which has a 60 stem 750 bar and loved the fit of the bike. Unfortunately I've been out of country for the last 2 weeks and another 2 more weeks until I get home, so I can't tell you how it fits.
Check the seat tube length, I think it's 18" so you'd be pushing it with a 125 dropper depending on the seat.
But my guess is you must have a shorter upper body than me (at 5'11") so medium might be better, whereas I fit a large. Let’s have a close look at the circular 341 “Policy on the prevention of harassment and the resolution of conflicts at the EPO”. Upon receipt of an allegation, the investigation unit shall carry out an initial review to assess whether the alleged conduct would, if proven, amount to harassment.
This initial review shall establish whether the allegations falls within the remit of the investigation unit. Under normal circumstances, initial reviews shall be completed no later than 2 months from the date of receipt of the allegation. If as a result of the initial review, the investigation unit finds that the allegation, if proven, would not amount to harassment, it shall close the investigative process. If the investigative unit determines that the allegation, if proven, would amount to harassment, it shall evaluate and investigate it in accordance with the provisions below.
If the investigation unit was asked to do an initial review it means that a staff member complained about being harassed! In other words there was no harassment and in any case, even if there was, this staff member accused the wrong persons. So according to the statement of SUEPO above the wrong behaviour and lies of the complaining staff member were apparently believed by the investigation unit and this investigation unit, knowing that the accusations were wrong (“demonstrating bad faith”) continued nevertheless with an investigation knowing there was no harassment case that could possibly be proven.
Then there is an investigation which included also an outside company specialised in such investigations. The disciplinary committee is composed of members nominated by the staff representation and of members nominated by the president of the EPO. And the result is above expectations: no less than 8 non-striking staff attended (among which one close-to-Bergot-staff-rep Christophe Poizat).
As noted here before, IAM glorifies patent stockpiling (irrespective of the consequences), it promotes software patents everywhere, and it puts at risk people who are critical of the EPO.
Europe certainly would not win, and Battistelli is trying very hard to silence high-level EPO staff that antagonises the UPC, even after leaving the EPO. FTI Consulting is essentially an EPO purse right now, serving as somewhat of a proxy, almost like a money-laundering operation (budget for one year: nearly $1 million). Economic policy making should not be based on unfounded claims by the EPO and emotional pleas by its largest customers, but on sound economic evidence and the desires of the involved sectors as a whole.
The problem isn’t SUEPO but is still Battistelli [pun intended] along with his buddies.
No agreement by the European Parliament or any other publicly accountable European organisation will be needed and, as in all deliberations of the Administrative Council, many of which are held in secret session, there will be no participation of society at large. With less time being allowed to consider the complicated technical and legal questions which arise in patent examination, it is to be feared that the standards applied will drop. Lack of legal security for staff threatens standards The EPO is not bound by many of the laws or regulations that most of the citizens of Europe take for granted, such as the European Convention on Human Rights. SUEPO, the Staff Union of the EPO soundly condemns this development due to the risks it poses to the quality of patent rights granted in Europe.
The Organisation would then forfeit its budgetary independence, which has so far ensured both Office and staff virtually ideal conditions in technical, accommodation and manpower terms. To make matter worse, because a lot of software is reducible to logic or mathematics, there may not be any workarounds, especially when the patent is so vague that it covers a whole breadth of different approaches (patent on a progress bar for instance).

9 claims that patents on inventions in the financial services industry score lower on standard measures of quality compared to patents in non-financial fields. Blows says that in “the Alice decision, a two-step test for patent-eligible subject matter was created.
Plus, I think I'd rather have a 50mm stem to help weight that front wheel for climbing and carving turns. The investigative unit shall inform the complainant and the contact point for conflict resolution in writing of the outcome of the finding. Obviously this staff member accusing SUEPO reps was therefore behaving in bad faith, or at least that is what SUEPO claims. So, the whole, or at least a substantial part of the investigation unit was involved in a complot to help accuse falsely some union representatives as well. At this point only the president can intervene and to protect information gathering and the complainant order suspensions (Article 14(2)).
The disciplinary committee recommend unanimously that the allegations are proven and recommends a certain sanction to be applied. It recently blocked anyone who dared to expose IAM’s pro-EPO agenda as if they try to prevent communication and perhaps even have a lot to hide (they already admitted receiving money from the EPO).
The implications of this are severe and even French politicians are complaining about it (we still need a translation from French, both of the letter and of this new article). They’re joined by other trolls, famous lawyers of trolls, and Microsoft-connected aggressors like Finjan.
One small group of people that we know said it was “concerned that the EPO has become like a big business.
The very fact that a clique of people managed to come into power with extreme force (Team Battistelli) is in itself a testament to the problems.
He is responsible solely to the Administrative Council, a body made up of representatives from the 19 contracting states who are party to the European Patent Convention. Statements in the press attributed to an EPO spokesman acknowledge that increasing production pressure can indeed lead to errors.
It is high time that steps are taken to change the structure of the Organisation making it accountable for its actions to the citizens of Europe and their elected representatives. National and individual interests (many of which financial) are dominating the decision making process and making it increasingly difficult for staff to maintain a high quality output of valid patents.
The whole fee system is characterised by cross-subsidisation: expensive examination is partly financed by renewal fees. This would also put paid to any prospect of achieving a comprehensive and efficient European patent system including the post-grant phase as has been conclusively shown this past year by the EC’s renewed failure to create a Community patent.
The intersection between patents on business methods and on software were previously explored by SCOTUS with the Bilski case. I also demoed a large riot same cock pit set up as the Epo and fit was spot on stand over a little snugger but not a problem. So now the president, the PD responsible for personnel and an outside company are all entering in the complot to knowingly falsely accusing union reps. Apparently the investigation unit and the assisting outside company find the union representatives guilty and recommends that disciplinary procedures should to be started.
This means now the entire disciplinary committee, including staff reps, is now included in the complot of sanctioning union reps for something that never happened at all. It took a whole year to get to an acceptable formulation for a MoU and the involvement and approval of the central FFPE in Brussels to get to an acceptable MoU of which we are of course very proud even if on some specific details it could be improved. There’s no FTI Consulting in sight, so the EPO connection (not the IAM connection) seems likely to have put them in the UPC event. Did you know that the EPO keeps an office in Brussels, just so that it can lobby the Commission, and Parliament?
This is what probably makes her a very effective staff representative and an attractive scapegoat to Battistelli. This body is not democratically elected and is accountable only to the respective national governments. The issue of governance of the EPO and its effect on the future of the European Patent System is a topic of heated debate. A significant advantage of the current system, on the other hand, can be seen in the fact that the members of the Council understand very well the patent system and the operation of patent offices. In the mean time, complainants get harassed for having dared to complain, but of course this also did never happen. Among other sponsors we only see the world’s most vocal proponents of software patents, which serves to reinforce our perception of the principal forces behind UPC. As a body created by a separate international treaty this body is not directly bound to any national or international law other than the European Patent Convention, the EPC.
Replacing the heads of national patent offices by public officials unfamiliar with the patent system and the operation of patent system, or involving the EU institutions in the governance of the EPO, could entail serious risks for the EPO. This makes the staff extremely vulnerable to pressure from the management in order to meet demands, e.g.

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