EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.30.16

New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

Posted in Deception, Europe, Patents at 9:32 am by Dr. Roy Schestowitz

So much for patent quality claims

US patent 6368227 B1
Being better than the USPTO is not the same as having acceptable patent quality (US 6368227 B1)

Summary: In spite of Battistelli’s claims (lies) about patent quality under his watch, reality suggests that so-called ‘production’ is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)

PATENT QUALITY at the EPO has sunk pretty low, as insiders tell us and staff representatives say as well (they have this new paper about it [PDF] — a paper which somebody leaked to us). It seems to be the consensus inside the EPO that patent quality is far from what it used to be; it’s only EPO management that keeps lying about it and the above was published internally because “the President is advertising our quality all over the world.” Yes, the liar in chief is now making a career out of lying about everything. He calls himself “President” but acts like the world’s worst boss, whose words are less than worthless. Some believe that he was intended to morph the EPO into the French model, which would basically render all the examiners redundant. The worst case scenario is, the guy is a ‘liquidator’ of the EPO. He’s put in charge to destroy it.

“The analysis is particularly relevant now that the President is advertising our quality all over the world.”
      –Internal document
A few days ago we saw this article in German about patent scope at the EPO. “European Patent Office discussed the objection of doctors in the world against the patent for the hepatitis C drug Solvaldi / decision on 5 October expected,” says the automated translation. Also recall those letters regarding patents against cancer patients. If someone can prepare a translation of this article, that would be appreciated. Mathieu Klos from Juve has also just published an article in German for which we could use a translation. It’s Battistelli talking points in ‘interview’ form and the summary is automatically being translated as: “The European Patent Office has reformed its Boards of Appeal in July. Until the beginning of 2017, the reform must be implemented. For a new Board President must be found. Critics complain that the reform does not bring enough independence for the EPO-court. JUVE interview EPO President Battistelli Beno it take a position and explains why the renewal fees for the EU patent reduce not necessarily when the UK, the EU and thus the new European patent system should leave.”

We could use an English translation, so if someone can provide an outline or a complete translation, that would be great. Automated translations just aren’t so reliable and there is room for misunderstanding that might impact our credibility.

Without the Boards of Appeal we can expect patent quality to decline even further without that decline being publicly acknowledged. This may be one plausible explanation for Battistelli’s attack on these boards. An EPO mouthpiece has this new article which speaks about one particular aspect of European patents. It says: “The grounds of opposition are set out in Article 100 EPC. To paraphrase, these include that the subject-matter of the European patent is not patentable under Articles 52 to 57 (novelty, inventive step, industrial application, specific exclusions and non-inventions), that the patent is insufficiently disclosed and that the subject-matter of the patent extends beyond the content of the application as filed. The only substantive pre-grant criteria for patentability which is not also a ground for opposition is that of Article 84 EPC (that the claims shall be clear, concise and be supported by the description).”

“Remember that the lower the quality of EPO patents, the more damage will be done to the European economy, including by foreign entities like patent trolls.”Under Battistelli, as we have shown here before, oppositions are being suppressed (made more expensive, time being prohibitive, and so on), so obviously the quality of patents will decline, without this decline even being detectable.

Why does this matter? Two main reasons:

  1. Businesses are willing to pay the EPO a lot of money in order to properly check if their patent, once scrutinised in a court, will be upheld, in which case all the pricey legal proceedings will bear fruit and monetary compensation for patent infringement will be granted
  2. Small businesses are afraid of being falsely accused of patent infringement (i.e. attacked by a patent that should never have been granted in the first place) as to them it can be a matter of life or death (bankruptcy)

The latter case is more relevant to us because it alludes to the plea of the vulnerable and the powerless, whereas in many cases (1) above is applicable to large companies that stockpile or hoard patents by the thousands. Legal fees are very high (too expensive for most, who would rather settle quickly) and even if the accused is found not guilty (e.g. of patent violation, as the patent is ruled invalid) the financial cost is enormous and can never be redeemed from the accuser/plaintiff (except in rare cases like NewEgg’s). Here is a new article from Finnegan, Henderson, Farabow, Garrett & Dunner LLP. The headline is “EPO: Unjustified Threats Bill; What is it?” (the EPO did it to me, misusing defamation law) and here is what it says:

Provisions exist in the United Kingdom to prevent unjustified threats of legal action relating to infringement of patents, designs and trademarks. The provisions were originally conceived with the intention of stopping the holder of an IP right from damaging a person’s business by threatening their customers or distributors with an infringement action of the IP right. The current provisions, however, are inconsistent across different forms of intellectual property and are worded such that an innocuous communication from an IP rights holder may be interpreted as an actionable threat. This results in an increased risk of litigation proceedings between the parties. This is contrary to the overriding principle enshrined in the UK’s Civil Procedure Rules, which encourage pre-action correspondence and negotiation in order to ensure that disputes are dealt with at proportionate cost.

The UK’s government issued a draft Bill setting out proposals to address some of these issues. The Intellectual Property (Unjustified Threats) Bill 2016 would update legislation relating to unjustified threats to provide greater consistency and clarity.

For example, the Bill proposes positive definitions for “permitted communications” to provide a safe harbor to allow rights holders to communicate with potential infringers, without running the risk of a threats action. In this way, parties should find it easier to comply with the Civil Procedure Rules by exchanging information prior to the start of any litigation.

Remember that the lower the quality of EPO patents, the more damage will be done to the European economy, including by foreign entities like patent trolls. See what is going on in the US, where the USPTO blessed almost every application. Lots of litigation and now a lot of invalidations (at a very high cost to the accused).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 27/2/2017: GNU Linux-libre 4.10, Weston 2.0.0, Git 2.12.0, Linux From Scratch 8.0

    Links for the day



  2. Top Officials in French Government Are Growing Tired of Battistelli's Abuses at the European Patent Office (EPO)

    An automated translation of a recent debate about the EPO in the French government, culminating in intervention by Richard Yung



  3. A US Supreme Court (SCOTUS) Which is Hostile Towards Patent Maximalists May Closely Examine More Patents That Apple Uses Against Android

    A company which often takes pride in designers rather than developers (art, not technical merit) may lose that leverage over the competition if its questionable patents are taken away by the Supremes



  4. As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software

    Microsoft is feeding enemies of GNU/Linux and Free/libre Open Source software (FLOSS) in order to sell its 'protection', which it names "IP Advantage" in a rather Orwellian fashion (same naming as back in the Novell days)



  5. Patent Trolls on Their Way Out in the United States and Their Way Into China, No Thanks to the Open Invention Network (OIN)

    An update on patent trolls and the role played by supposed allies of Free/libre software, who in practice do everything to exacerbate the problem rather than resolve it



  6. Insensitivity at the EPO’s Management – Part VIII: When Governed by Criminals, Truth-Tellers Are Cast as Criminals and Criminals as Justice Deliverers

    The bizarre state of affairs at the European Patent Office, where being an honest and transparent person makes one incredibly vulnerable and subjected to constant harassment from the management



  7. The Sickness of the EPO – Part V: Shedding Light on Institutional Abuse Against Ill and/or Disabled Individuals

    The seriousness of the situation at the EPO and a call for action, which requires greater transparency, even if imposed transparency



  8. The EPO's Race to the Bottom in Recruitment and Early Retirements Explained by an Insider

    The European Patent Office under Battistelli is failing to attract -- and certainly failing to retain -- talented examiners



  9. Wouter Pors and Other UPC Boosters Believe That Repeating the Lies Will Potentially Make Them Truths

    The lobbying campaign for UPC, or hopeful lies (sometimes mere rumours) disguised as "news", continues to rely on false perceptions that the UPC is just a matter of time and may actually materialise this year



  10. The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

    A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting



  11. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  12. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  13. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  14. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  15. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  16. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  17. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  18. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  19. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  20. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  21. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  22. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  23. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  24. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  25. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  26. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  27. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  28. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  29. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  30. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts