Bonum Certa Men Certa

Battistelli's EPO Became Extremely Reliant on China for Distraction and on Endless Supply of Applications (Supply Which Doesn't Exist)

Applications are quickly running out in spite of 'discounts' (which reduced revenue and failed to spur much 'demand')

EPO applications
Not much 'growth' in Europe (as in European Patent Office)



EPO granting machine
China is ranked 38th for patent applications per capita (at the EPO) and accounts only for 5% of applications



Summary: Discussion about the EPO granting machine (or patent-printing machine) and figures the way EPO management would rather the public won't ever see them; the concept that China means redemption for this patent system is as laughable as always

IF the EPO was a goose that lays golden eggs, those eggs would be the backlog. Pending applications don't last forever and Battistelli now slaughters the goose, making redundancies quite imminent; Office rumour is, the Office will lay off about quarter of staff (the numbers/estimates heard vary).



"...Office rumour is, the Office will lay off about quarter of staff (the numbers/estimates heard vary)."We don't wish to depress staff, but realistic expectations prevent disappointment. Earlier this month (and even this week in Twitter) the EPO was spreading false or misleading information which it called results. We responded in the following 4 posts (and limited that to 4 although we could go on and on):



It's no secret that the EPO typically isolates graphs and figures that help mislead the media (so-called 'journalists' who simply repeat EPO PR staff/external agencies); last year, for instance, the EPO isolatd the European nations where there were positive rather than negative figures. We wrote about this many times a year ago, e.g. in the following reactionary posts:



We don't wish to write as many rebuttals as we wrote last year because much of the deception is identical or at least similar. China, with a relatively small contribution to EPO totals, is still being emphasised everywhere. It's not hard to see why; the biggest 'growth' comes from there (relative growth, not absolute).

"China, with a relatively small contribution to EPO totals, is still being emphasised everywhere. It's not hard to see why; the biggest 'growth' comes from there (relative growth, not absolute)."Yesterday the EPO wrote: "Applications from France up again (+0.5%) in 2017 after a drop in the previous year..."

Pretty pathetic considering the fact that Battistelli gave them a discount. Had he not done that, it would be negative again. Notice how they send a shoutout there to INPI, where a lot of Team Battistelli came from.

What are we seeing at the EPO that actually gives room for hope? Almost nothing. Appeals are being made more expensive in order to discourage repeals/rejections of patents. Especially when it comes to oppositions, not rejections being appealed. Figures pertaining to rejections don't take fee alterations into account (so year-to-year comparisons are inadequate). The same goes for the number of applications (the prices were lowered to artificially increase 'growth', just not in terms of revenue).

"Appeals are being made more expensive in order to discourage repeals/rejections of patents."Don't expect any law firms to speak about it. They profit from this turbulence and the increase in so-called 'production' typically means more business for them. They also longed for the UPC, knowing that a growing number of lawsuits would help their bottom line (at the expense or everyone else).

Laura Carney and Thomas Zvesper from Marks & Clerk now speak about the Boards, but they will never ever mention the EPO scandals as that might 'upset' their monetary supply chain. Yesterday they wrote this self-promotional piece (infomercial as we called it yesterday) about an old case:

In the present decision, the Board had to consider the validity of the priority claim of patent EP1773302. In particular, the Board had to consider whether the granted patent’s priority claim was invalid in view of an earlier document which was the “first application” from which priority should have been claimed. The patent and the application from which priority was claimed were directed to a tablet having, amongst other features, a gelatinous first and second coating, a gap being provided between the two gelatinous coatings of from 3 to 33% of the length of the tablet. However, the patentee had filed an earlier application (US 2005/0152970, D22) which was identical to the granted patent, except that the disclosed gap was 5 to 33%.


"Perhaps Europe could take a lesson from south Asia."Like we said some weeks ago as well as last month, with an upcoming appeal regarding CRISPR patents we worry that the Boards won't be able to rule impartially. They themselves complain about it on occasions. Yesterday, as usual, patent maximalists from Managing IP were celebrating CRISPR patents, neglecting to note that these are bunk and usually void in the US (and more recently in Europe as well). "Filing trends include a 194% increase globally between 2013 and 2015," it said, but filings and grants aren't the same, never mind actual court rulings (of which they are few that can assess/determine patent eligibility in light of Myriad, Mayo, the EPC and so on).

Perhaps Europe could take a lesson from south Asia. India, for example, successfully resisted the patent maximalists and antagonised many software and pharmaceutical patents. It usually explains (correctly in our view) that when it comes to patents the interest of the people (not very rich people and corporations) should come first.

"As many people expected (Glyn Moody for instance), China now uses US courts to hit American companies over the head, essentially taking the patent aggression abroad, too. Makes one wonder what Chinese firms can do with all these European Patents, with or without a horrific system like UPC in place."IAM just won't leave India alone. Jacob Schindler wrote many articles last year in which he shamed India. Coming from the patent trolls' lobby (IAM), this is more or less expected, albeit it seems like they softened their tone after that. Instead of bashing India like it was some kind of 'pirate', IAM now calls India's policy something "controversial among multinational patent owners." They kept bullying India, yet the language changed somewhat. Yesterday IAM said: "Litigation developments in Delhi over the last few months have put a spotlight on a somewhat unique feature of India’s patent system: Form 27, which requires patentees to disclose how they commercially exploit their granted rights. Now, it appears that the Patent Office will consider making changes to the form, which has long been controversial among multinational patent owners. Each year, patentees must submit a disclosure to the Indian Patent Office stating whether each patent they own is being “worked” on a commercial scale in India."

So they realise that a massive pile of fictional patents on fictional things isn't dedirable. Unlike China?

China officially opened the floodgates to software patents about a year ago (April) and since then we have seen a lot of patent aggression in China. It's chaotic. "Meanwhile," IAM noted yesterday, "Chinese tech giant ZTE disposed of seven US assets [patents] in a deal which was executed on 22nd January and recorded on 15th March."

These are going to patent trolls, which IAM euphemises as "NPE", as usual. Here's what remains outside the new paywall:

ZTE and Panasonic have both transferred small packages of patents to a relatively new US NPE called Global Innovation Aggregators, a Delaware registered entity with offices in Pasadena, California. According to the assignment records Panasonic handed over 11 US grants in two separate deals that were recorded on the USPTO’s site earlier this month and executed in late February. Meanwhile Chinese tech giant ZTE disposed of seven US assets in a deal which was executed on 22nd January and recorded on 15th March. For Panasonic it is the latest in a long line of patent divestments which most recently included the transfer...


ZTE is Chinese. As many people expected (Glyn Moody for instance), China now uses US courts to hit American companies over the head, essentially taking the patent aggression abroad, too. Makes one wonder what Chinese firms can do with all these European Patents, with or without a horrific system like UPC in place.

Recent Techrights' Posts

An Important Goal Has Been Accomplished Already
Stubborn activists need to insist on a future where computer users actually control the computers they own
GNU/Linux up to 5% in Ireland, Not Counting Chromebooks
statCounter is an Irish
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
 
Mr Pocock for Midlands-North-West (Ireland)
Mr Pocock has been vilified by those whom he exposed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 02, 2024
IRC logs for Sunday, June 02, 2024
Egypt: GNU/Linux Exceeds 6%, Windows Down to All-Time Low of 5%
Not counting ChromeOS
Gemini Links 03/06/2024: Maturity and Tenstorrent
Links for the day
In the Month of May 2024 the OSI's Blog Was Almost 100% Microsoft Lobbying, Microsoft Staff, Microsoft Proprietary Software, and Microsoft Events
Entryism complete. RIP, OSI.
Gemini Links 02/06/2024: Delayed Disappointment
Links for the day
statCounter: GNU/Linux on More Than 1 in 5 Desktops/Laptops
Desktop Operating System Market Share Norway
Reminder: The First CEO of IBM (Owner of Red Hat) Was "Convicted on Extortion" (According to Edwin Black, Author of "IBM and the Holocaust")
Red Hat is not a liberal company
GNU/Linux Market Share in Turkey Now Exceeds 10%, According to StatCounter
StatCounter (or statCounter) shows considerable increases
GNU/Linux in Germany: The Seven Percent
The historical data shows that it wasn't always like this
Slovenia: Windows Becomes Minority Market Share This Month
It finally happened. Android is now measured as bigger than Windows.
statCounter: Bing Has Lost Market Share Since the Chatbot Hype, in Europe Yandex Nearly Exceeds Bing Now
Bing also had many layoffs (not that the media bothered covering that); we must debunk Microsoft's baseless claims and deliberate lies/hype
Microsoft Windows Falls Below 10% in Africa, Down to About 20% in Asia
The future isn't Windows
Taiwan Can Defend Its Autonomy Better by Avoiding Microsoft (Back Doors)
Maybe it's just a coincidence that GNU/Linux "took off" when Hong Kong lost its perceived independence from China
The War on Free Software Reporters - Part IV - Impersonation and Menacing Behaviour, Defamation Under One's Own Name
Such serial defamation (that went on for a very long time) is coordinated and relentless
Links 02/06/2024: Workers' Strikes and a Warming World
Links for the day
Microsoft Falls to All-Time Low of 25% in Operating Systems
If Android is counted, Windows is in trouble as it's down to all-time low of 25%
Steam Survey: GNU/Linux Up, But Canonical's Ubuntu Declining
big increases for GNU/Linux, Arch Linux gaining at Ubuntu's expense
Guardian Digital, Inc (linuxsecurity.com) Leveraging Microsoft Chatbots to SPAM for Microsoft (Googlebombing "Linux")?
Welcome to the Web in 2024. Search for "Linux" news, get Windows garbage.
Smallest Number of New Debian Developers in More Than 2 Years
Maybe Debian should recognise there's a problem instead of trying to censor - at humongous expense - those who speak about the problem
Slashdot's "Linux" Section is Reposting Press Releases for Red Hat
Is this being paid for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 01, 2024
IRC logs for Saturday, June 01, 2024
Links 01/06/2024: Microsoft Chaffbot Broken Out of Control
Links for the day
The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day