Bonum Certa Men Certa

The Quality of Patents is Connected to the Quality of Life of Patent Examiners

Two years ago: At EPO, “Producing Stronger Patents (or Being Able to Produce Them) is Also a Matter of Professional Pride for the Examiners”

A father and son
Not your father's EPO anymore



Summary: EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms

THE CONCEPT of patents is very old and it predates the name or the word "patents". Early monopolies on ideas covered rather fundamental things which were demonstrable, physically. Inventors used to actually present something that worked, not theoretical spaceships.



Warp speed to the 21st century only to find nature itself being patented (things which predate humans). It's happening right here in Europe, where a bunch of bankers and politicians nowadays call computers "AI" and then use the buzzwords to justify patents on mere operations, which are all reducible to mathematics.

We've come across numerous software patents articles lately. Many are about the European Patent Office (EPO) because such patents are perishing in the US. Some of these articles come from the patent trolls; lobby (IAM), especially earlier this month, but they're all behind paywall; we assume it's so that critics cannot see and rebut without buying subscription (i.e. funding the trolls' lobby).

What good is the job of a patent examiner if the skills required are basic or 'feel' basic? What if there's insufficient time to research the area, learning in the process of working? What if wrong decisions are being made, which later lead to human agony and injustice?

Today's EPO has lost the ability to attract talented people, but seeing that hirings aren't even on the agenda anymore, the management probably doesn't care. These people only care about securing as many huge salaries until the end of their term. The longterm viability of the EPO isn't a concern of theirs.

EPO employees no longer have permanent contracts, so why would they feel loyalty to the employer? Or to the stakeholders?

R.I.P. Kat, a blog by a (likely) EPO insider, has just spoken about that EPO 'survey' (it lies about staff's sentiments [1, 2]), saying that António Campinos et al should "define a career system with a clear link between achievement and reward, and not the present system where, in 2018, staff exceeded all production targets to be rewarded with an unmatched number of "below" or "far below objectives"?"

They just want to grant lots and lots of European Patents, even software patents. More from R.I.P. Kat:

Apparently, President Campinos could not understand why the results of the study were so negative and why staff complained that they were not heard when he spent so much time having breakfast with them.

[...]

Unfortunately, the latest news do not show that management is listening. In the next article.


The management may be "listening"; pets too can listen, but that doesn't mean they understand, that they want to understand or that they will obey instructions (which they barely understand anyway).

Meanwhile, as we've been showing in recent months, more and more European Patents perish in courts, proving the point SUEPO has been making for years (and as recently as weeks ago).

Here is what "MaxDrei" has just said about the EPO's problem-solution crisis or approach, PSA. It's about the UK Supreme Court tossing out a European Patent after millions of euros were spent on lawyers:

Do I read here a unamimous Supreme Court panel putting EPO-PSA for the first time on an equal footing to Windsurfer/Pozzoli, both being seen as a "gloss" on the statutory question "Obvious Y/N?", a "gloss" that is helpful to teaze out the correct result?

And if so, will this have as consequence that, from now on, obviousness will be pleaded in the courts of England and Wales in line with EPO-PSA, ie, the established case law of the Boards of Appeal of the EPO.

I mean, if Windsurfer leads to the same result as EPO-PSA, why bother with it any longer? Applying EPO-PSA at first instance should have the effect of cutting down the number of appeals to EWCA. After all, the tenor of this piece seems to be that if EPO-PSA had been argued from the get go the proprietor might have saved the patent.


There are lots of fake European Patents that courts toss out and there may be more on the way at the highest British court. It didn't have to come to this, but the EPO ends up with lots of rubbish patents and not even a UPC to water down European patent law and permit patents on everything under the sun.

Recent Techrights' Posts

Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day
Removing the Tumour From IRC
looking back
Windows Sinking Below 13% Market Share in the Island of Jamaica
Microsoft's decline continues and will mostly likely continue indefinitely in Jamaica and its neighbours
 
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Covering Abuses and Corruption
We'll never surrender to blackmail
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
[Meme] The Free(dom) Software Engineer in European Elections
“When the debate is lost, slander becomes the tool of the loser.”
Vista 11 Was 'Leaked' Exactly 3 Years Ago and This One Picture Says It All
how 'well' Vista 11 has done
A Smokescreen for Brad Smith
Maybe the key point was to say "Linux is not secure either" or "Windows and Linux are equally vulnerable", so don't bother dumping Microsoft
Links 15/06/2024: Microsoft's Intellectual Ventures Attacks Kubernetes With Software Patents, More Layoff Waves
Links for the day
Gemini Links 15/06/2024: On Lagrange and on YouTube Getting Worse
Links for the day
Edward Brocklesby: hacker received advance notice of zero-day vulnerabilities in MH and NMH email software
Reprinted with permission from Daniel Pocock
[Meme] Code Liberates Kids
Matthias Kirschner: I can't code, but I can write a book
In Armenia, Bing is Measured at 0.6%, About Ten Times Less Than Yandex
Bing will probably get mothballed in the coming years
[Meme] A Pack and Pact (Collusion Against Computer Users)
They never really cared about users, no more than drug dealers care about drug users...
GNU/Linux in Azerbaijan: From ~0.1% to 7%
Azerbaijan is around the same size as Portugal
Women in Free Software (FOSS) Need Action, Not Mere Words
the men who are loudest about women's rights are some of the very worst offenders
Embrace, Extend, Extinguish Minecraft
These folks should check out Minetest
Techrights Statement on Men Who Viciously Attack Women in Free Software
history shows women will win
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 14, 2024
IRC logs for Friday, June 14, 2024
[Meme] People Who Cannot Find Gainful Employment Because of Their Poor Behaviour Online (Not the People Who Merely Call Them Out on It)
Imagine trying to become a lecturer while talking like this in public
You Too Would Get Nervous
countries where Windows is down to 2%
[Meme] The Two Phases (and Faces) of Microsofters
Microsofters: stalk IRC, then troll IRC
The 'Nobody Reads Techrights Anyway' Crowd
Send In the Clowns
Books in the Making
I intend to spend a considerable amount of time explaining what my family and I were subjected to for the 'crime' of promoting/covering Free software
Microsoft is Still Losing Malta
And GNU/Linux is doing well on laptops and desktops
Tux Machines: Third Party Impending
There will be more next week
Links 14/06/2024: Microsoft Layoffs in the News Again, East-West Conflict/Tensions Update
Links for the day
Links 14/06/2024: Comments on the Death of Email and Lagrange Commentary
Links for the day
Dutch Government Appoints Microsofters to Combat "OSS Fetishism"
What corruption looks like
Microsoft's Collapse in Africa and Shutdown of Entire 'Development Centre'
Unlike what Microsoft claimed in face-saving statements
[Meme] Not Your Typical IRC Troll and Harasser
I say, let's punch nazis...
GNU/Linux's Journey in Qatar: From 0.1% to Over 3%
Windows is no longer an important contender there
Secret Contracts and Corpses
The media pretends it's just some generic "IT" issue, but it is not
Bing Has Run Out of Time and Microsoft Might Dismantle It (Save a Financial Miracle)
How much more of investors' money is Microsoft willing to throw in the trash?
Statement on Antisemitism in Our IRC Network and in Social Control Media
In an ideal world nobody would have to be banned from IRC
Gemini Links 14/06/2024: Ads vs. Content, Why Aliases Are Har
Links for the day
Vista 11 Has Fallen in Switzerland, a Country That is More Microsoft Friendly Than Most of Europe
GNU/Linux rose to its highest level there in almost half a decade
Microsoft is Dying in Africa
Based on the Central African Republic, which "is around the same size as France"
[Meme] Microsoft in Africa
Are you telling me Windows is now down to 1% 'market share' in some countries?
Management of the European Patent Office Misleads Staff on Views of the Office's Staff Committee
The EPO as a workplace very rapidly deteriorates
[Meme] Newer is Worse
"They say those are New Ways of Working (NWoW); New does not mean better, it is worse"
Microsoft Needs to be Banned From Contracts, Including Government Contracts, Not Just for Security Failings But for Criminal Negligence, Corruption, and Fatal Cover-ups
How many deaths will it take for Microsoft to face real, effective scrutiny rather than kid gloves treatment?
Links 14/06/2024: Violence, Famines, and Montana Has More Cows Than People
Links for the day
Microsoft Telecom Layoffs, Facebook Layoffs in Africa: A Month After Microsoft's Mass Layoffs in Lagos (Nigeria) Facebook/Meta Does the Same and Microsoft is Now Retreating and Quitting an Entire Sector! (Affirmed Networks and Metaswitch)
Disasters in the making for GAFAM. Money down the drain.
Papua New Guinea: GNU/Linux Growing, Windows Down Below 15%
it seems indisputable there's headway and momentum
"Planets" Cannot Replace Social Control Media, They're Very Much Akin to It (Censorship Hubs, Gatekeepers)
Don't be subjected to gaslighting; make your own OPML file
Topics That Truly Irritate and Consistently Infuriate the Microsofters (Whenever We Cover These)
Censoring uncomfortable information is a difficult activity that has its limits, even in Reddit
Honduras: Vista 11 Down, GNU/Linux Up
Valve sees GNU/Linux as bigger than Apple's MacOS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 13, 2024
IRC logs for Thursday, June 13, 2024
LibrePlanet 2024 and the Lost Video/Audio of Talks
After the event was over someone informed us that due to technical issues they had lost (or failed to acquire) recordings of the talks
Choosing Between Options to Outsource to Evades the Best Solution (Self-Hosting)
Most users don't need this sort of complexity
IBM Layoffs at Kyndryl
This can soon spill over to Red Hat
Turkmenistan: GNU/Linux Leaps Past 5% This Month?
This is how statCounter sees it
Watch This Space
what matters most is not the volume or quantity of publications but their underlying depth and quality