Bonum Certa Men Certa

Goodbye to Patent Quality at the EPO, Thanks to Team Battistelli With Its Extreme Policies

Removing the 'burden' of quality control

Praetorian guard



Summary: The erosion of patent quality at the European Patent Office seems ever more evident and inevitable, especially if the UPC becomes a reality (opening doors to software patents) and makes the boards of appeal marginal

NOW that the EPO is in full propaganda mode and there are dedicated hashtags for purchased press coverage I've decided to stay home and cover more closely some EPO affairs, in addition to all the other stuff (unrelated to EPO). The EPO is totally out of control. It's run by lunatics who believe their 'circle' can just buy votes, 'studies', press 'coverage' etc. How far can this go before the EPO implodes or politicians invoke some magic law that can hold Battistelli accountable?



Good explanation of why the EPO management is effectively trying to demolish the boards (a little oversight or accountability) was posted by an anonymous blogger as per information that initially came from IP Kat and angered the EPO management enough to have the site banned (media analysis/sources seem to suggest this was the final straw which did it).

Here is the core of the analysis, which is accompanied by numbers:

This shows that the increase in fees has dramatically affected ex parte appeals, with appeals before the increase averaging at about 1200 a year and in the first full year after the increase amounting to only 864 appeals (a 28% decrease).

The increase in fees has affected inter partes appeals less, with the number of appeals in opposition roughly tracking the number of grants (roughly 2.5% of grants end up with an appeal in opposition).

If a mere 50% increase in appeal fee has resulted in such a drastic change in applicant behaviour, what effect might the huge proposed increase have?

It is to be hoped that the Administrative Council will recognise that an effective appeal system is essential to maintaining quality at the EPO, and will not increase the appeal fee [at all].


"A few thoughts on the effect of the last big increase in appeal fees can be found here," s/he wrote in IP Kat. The numbers seem to support the hypothesis that fee hikes directly impact the number of appeals. It demonstrates that Battistelli's plot would squash the boards in the same way the Tories in the UK destroy the NHS, claiming failure or lack of demand (which they themselves created or led to, respectively).

"Well, with lower/declining quality of patents, which is a known issue (see how the EPO accelerates examination under pressure), not many appeals by the applicants would be needed, especially if massive fee hikes are implemented."One critical comment on the above says: "Perhaps a table of number of grants against number of ex-parte appeals may help (or refusals even). Given the increase in productivity, could there be a simpler link - less refusals = less appeals"

Well, with lower/declining quality of patents, which is a known issue (see how the EPO accelerates examination under pressure), not many appeals by the applicants would be needed, especially if massive fee hikes are implemented. The value of EPs (European Patents) would itself decline, making the relative cost of appeal disproportionately high. This may be good for 'production' figures that don't account for quality and use more convenient (easily-measurable) yardsticks like number of granted patents, repeating the USPTO's mistakes (patent saturation necessarily means deflation). As one person put it this morning, "when it comes to management at the EPO, the dumber, the better." Under Battistelli it's all about loyalty (to Battistelli, not to the EPO as an Organisation), not brains or skills. No wonder people are leaving in droves and brain drain is repeatedly being reported to us [1, 2, 3, 4].

"No wonder people are leaving in droves and brain drain is repeatedly being reported to us."Another new comment says that “private practice are receiving more and more applications for patent attorney positions from EPO examiners.” Here is the full comment: "Rumours - confirmed by some industry sources - are numerous that industry and private practice are receiving more and more applications for patent attorney positions from EPO examiners. While I see more and more advertisements on Linkedin re. recruitment of examiners."

There is also a discussion there which compares the USPTO and the EPO (not on quality but on staff regulations). The same person says: "Well, that USPTO regulation makes perfect sense. And is a good example for the EPO, if not yet in place. For the interest of applicants, not for the direct interest of the EPO. So still... Conflict of interests of the EPO... outside counsel to SUEPO? Investigative agency hired by the AC to investigate too close family ties at the top of the EPO? I am still very much in the dark what such legitimate interests of the Office may be."

"On the surface, today's EPO has a lot of scandals and enough to make it Europe's leading pariah, but it's disconnected from oversight so it keeps behaving like a rogue regime, mostly uninterrupted (outside intervention is not sufficiently effective)."Apparently, conflict of interests is absolutely verboten for all staff except Team Battistelli, where people even bring family members to roles with massive salaries. Making this situation ever more comical, it's these family members who are also then put in charge of identifying issues like conflict of interests (Human Resources).

The EPO. What a house of cards...

The EPO now bans access to sites which are critical of the EPO and at the same time pays the media to say what Battistelli tells the media to say about the EPO. These sponsored/bought articles (by EPO) should in their own right be a huge scandal (waste, press abuse, misleading the public) and as more 'media partners' start to issue their puff pieces we kindly ask readers to keep us informed (some of this coverage is not in English). On the surface, today's EPO has a lot of scandals and enough to make it Europe's leading pariah, but it's disconnected from oversight so it keeps behaving like a rogue regime, mostly uninterrupted (outside intervention is not sufficiently effective). The EPC inadvertently created a monster and this monster is called Battistelli.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter