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

12.05.16

Quality of Patents at the EPO Dependent on the Appeal Boards When Battistelli Assesses Performance Using the Wrong ‘Production’ Yardstick

Posted in America, Europe, Patents at 3:07 am by Dr. Roy Schestowitz

Summary: A look at some recent articles regarding patent quality in the US and in Europe, in particular because of growing trouble at today’s EPO, which marginalises the appeal boards

THE QUALITY of patents determines the likelihood of winning court battles, or the certainty of sustained validity of patents once scrutinised closely enough (e.g. subjected to evidence/witness testimony in a court). Good examination with comprehensive prior art searches is what applicants ought to pay for; patents that are granted in haste are possibly worthless. Sometimes they can be worse than nothing at all. In fact, going to court with such patents can prove very costly to the plaintiff, which sometimes gets forced to pay the legal fees of the defendant/s (we covered some examples like that earlier this year).

With Alice and Mayo in a couple of domains (among many) the USPTO shows some encouraging signs of improvement. According to this new blog post, increase in prices may soon follow, however not yet for the following reasons:

Under the terms of the America Invents Act (AIA) fee increases cannot come into effect until 45 days after they are approved. That led to speculation by some that the agency might find itself in a showdown with Congressional Republicans if it tried to rush through the changes before the President-elect takes power. But, according to a source at the PTO, any final rule implementing the increase in fees will not be published until after the inauguration thereby averting a possible confrontation.

At the EPO, by contrast, we expect fees to suffer a decrease due to lack of demand in the coming years. Quality of EPs has definitely declined (EPO insiders always say so) and price hikes would only discourage pursuit/filing of new applications. Some very prolific applicants have not overlooked the EPO scandals. Without quality control we expect not just the social climate to tarnish the reputation of the EPO; there are technical concerns too.

According to this new blog post from IP Kat, an anti-HIV therapy patent has been partly thrown away by the EPO. “The patent was opposed by Merck at the EPO,” says the author, “but maintained in an amended form. That decision is under appeal, and the central amendment has therefore been suspended. In the meantime, Shionogi made an unconditional application to amend the UK designation of the patent in accordance with the claims maintained at the EPO. It also made two conditional applications to the Patents Court to amend. There are parallel proceedings in Germany and the Netherlands which are ongoing.”

This may mean that some structures for ensuring quality (control of scope) at the EPO are not entirely dead, but for how long? Opposition has become more expensive and window for opposition narrowed. This is a Battistelli (current administration) policy.

IAM, which says that the EPO is doing great on patent quality (because IAM is an EPO mouthpiece), has a new article in its ‘magazine’ in which it compares patent quality in Europe to patent quality in the US (probably not so different anymore, especially if one compares new EPO patents to new USPTO patents because they move in opposite directions and head for collusion).

A few days ago we mentioned the "poisonous priority" decision from the EPO's Enlarged Board of Appeal. Now, imagine what would happen if Battistelli was already crushing the EPO’s appeal boards (he can’t because of the EPC, but he certainly tries to crush them in other ways).

Some patent lawyers wrote about this decision [1, 2] and the latter article noted the meaning of it: “The uncertainty related to situations where an inventor devises a particular invention, and then subsequently realizes that the particular invention may be extended to a broader scope that encompasses their first invention. Provided that a second patent application for the broader subject matter is filed within 12 months of a first patent application directed to the narrower invention, the second application may claim priority from the first application.”

There was also a little ode about this, posted in the form of a comment on an article at IP Kat the other day:

The jilted generation: One’s love is but only for the kittens’ kittens, and so on forward forever to the end of cat-dom – for the rest it is poison.

Hello, yea, hold a sec. Battistelli there’s someone on the phone for you. Oh, f**k sake, trying to write this: jam (is only for tomorrow), man.

We have the poison,
Who has the remedy?
Who has priority’s practical remedy?

We have OR claims,
Ooh, split priorities
Which have alternatives defined countably

May be generic,
We can view sensibly
To have discrete theoretical identities?

We have the poison,
We have the referral,
For the Enlarged Board’s pontifical remedy.

We have the poison?
Who has the remedy?
We have the pressure, the pressure,

No doubt the EPO needs these boards, it needs them to be independent, well staffed etc. but instead they are being crushed by Battistelli. Quality control isn’t on this man’s agenda because all he is pursuing is “production” (as measured by the number of patents). The technical discussion about this case (over 20 comments and counting) alludes to pertinent parts of the patent in question, so we won’t delve into it. However, let this be a reminder of the importance of guarding the appeal boards, especially in the face of a megalomaniac like Battistelli who defames judges in the media, much like Donald Trump does.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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. Microsoft is Going to Get Tired of Whining About “GAFA” and Accept That It's Just as Bad If Not a Lot Worse at Privacy

    Microsoft is being treated by the US government as if it's not abusing anything, let alone people's privacy; if anything, this demonstrates the degree to which Microsoft infiltrated or 'vendor-captured' regulatory branches



  2. Links 6/7/2020: LibreOffice 7.0 RC1, MX-19.2 KDE Beta 1, Linux 5.8 RC4

    Links for the day



  3. ZDNet's 'Linux' Section: Linux is Full of Problems and It Loves/Embraces Software Patents

    Software patents promotion and GNU/Linux FUD; your daily dosage of 'news' from the tabloid known as ZDNet...



  4. IRC Proceedings: Sunday, July 05, 2020

    IRC logs for Sunday, July 05, 2020



  5. Links 5/7/2020: Slackel 7.3 Mate Beta and GNOME Gingerblue

    Links for the day



  6. Technological Progress? Only If We Assume The Wrong Things...

    When we're told that we're all dumb we're being given increasingly dumb technology (and they tell us dumber is better)



  7. Linux Foundation Still Owned and Controlled Largely -- and More Over Time -- by Surveillance Companies (Openwashing Services for Bad Practices and Bad Actors)

    The Linux Foundation‘s growing role in spying or the focus on data-mining operations is an eternal reminder or warning that the Foundation follows power and money, not freedom or ethics (it began as a salary-paying venture, crowdfunding among large corporations which conduct mass surveillance)



  8. Sharing is Caring, as Those Who Share Usually Care

    Going back to our human roots, people who cooperate and collaborate are vastly more likely to survive and thrive; Free software is almost guaranteed to become the norm when/once everyone demands it (proprietary software is too divisive, supremacist and even racist)



  9. Systems Can Crash and People Can Die by Changing Language (Even in Parameter and Function Space) to Appease Activists

    It seems clear that Intel takes the lead in trying to change Linux not in technical means but purely social means; even when (and where) that can compromise the robustness of the kernel (Intel is nowadays known for profoundly defective chips with back doors)



  10. António Campinos Should Speak to Peasants, Not Litigation Lawyers

    Mr. Campinos does not work for campinos but against campinos; he represents the people who sue or threaten them using ludicrous patents that should never have been granted (e.g. in Ethiopia)



  11. Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

    The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats



  12. [Humour] The Linux Foundation is Not Even Using Linux

    The Linux Foundation does not support Linux except in name; it is important to remember that



  13. Microsoft Loves Power

    An explanation of why Microsoft says it loves this and that; Microsoft lacks the capacity to love or to express empathy as it's always about self gratification or coercion, nothing else



  14. IRC Proceedings: Saturday, July 04, 2020

    IRC logs for Saturday, July 04, 2020



  15. Indoors Society, Shut the Windows

    Times are changing in all sorts of ways; it seems like GNU/Linux and other Free/libre operating systems may emerge as winners when the 'dust settles'



  16. Allegation That Microsoft Adopted the Mentality of Suicide Bombers Against Linux, Leaks Reveal

    Looking at leaked E-mails from around the time Microsoft used Cyanogen as a 'proxy', we're finding some stunning admissions or speculation about the real motivations



  17. [Humour] A Union in Whose Interests?

    The union-busting 'yellow union' (the one that helped Benoît Battistelli marginalise SUEPO) is unable to represent staff any longer



  18. FFPE EPO Has Rendered Itself Obsolete by Liaising With Benoît Battistelli

    FFPE EPO has been left out of staff representation, demonstrating that liaising with the oppressor is a self-deprecating move which must be avoided (the only remaining potent union is SUEPO)



  19. Links 4/7/2020: LibreOffice 7.0 'Personal Edition', Atari VCS Coming Soon

    Links for the day



  20. [Humour/Meme] The 'New' Edge (Chrome Copycat) is Already Dead, So Microsoft is Trying to Just Kill the Competition

    Edge market share is so minuscule that it doesn’t even make it into this chart (it’s in “other”); no wonder Microsoft now bullies Windows users into using it, for users reject it even after months of endless advertising/AstroTurfing and aggressive exploitation/appropriation



  21. Fourth of July in the United Kingdom and the United States

    In these bizarre times Independence Day is still being celebrated, even as so many people are out of work, running out of hope and being fed xenophobia in social control media with a racist 'celebrity' president (the "user in chief")



  22. [Humour] Bigger is Always Better When You're a Deluded Maximalist

    The EPO totally lost sight of its mission; it's just speeding everything up, very carelessly, not minding quality and accuracy/certainty/legal validity



  23. 'Managing Intellectual Property' Managing to Become Uncritical Parrot of EPO Management

    Managing to amplify the EPO's lies isn't hard; one just needs to copy, paste, edit a little; then they call it 'journalism', irrespective of the proven track record of EPO management lying to staff and to the media



  24. IRC Proceedings: Friday, July 03, 2020

    IRC logs for Friday, July 03, 2020



  25. Monopoly Abuse, Still: Microsoft Pays Projects to Embrace/Move to C#, GitHub and Visual Studio

    Microsoft's greatest of efforts to lull regulators into inaction and fool us all into thinking that things have changed are undone by actual behaviour, which is abusive, anti-competitive and just... typical Microsoft



  26. Links 4/7/2020: Grml 2020.06 and diffoscope 150 Released

    Links for the day



  27. [Humour/Meme] Don't Let a COVID Crisis Go to Waste When You're Eager to Find Excuses for Many Layoffs and Shutdowns

    Microsoft business units that were defunct (long-failing, well before COVID-19) are being thrown out and Microsoft exploits a virus to rationalise these decisions while spicing up media coverage with "Hey Hi" (AI) and "virtual" experience or Facebook (to give the false impression that nothing really goes away)



  28. Free Software Tackles Political Issues. Political Tactics Are Also Being Weaponised Against Free Software.

    Divide-and-rule tactics seem to have been exploited to weaken collaborative work on Free/libre software; the response to these tactics needs to start with realisation that this is going on (even if it's done in a somewhat clandestine nature)



  29. Offence and Racism

    o those in positions of power and privilege (financial) you are controllable by guilt; dividing us and causing us to feel guilt and fear (over potential offence) is a powerful social control mechanism and pretext for dismissal, censorship, humiliation



  30. Links 3/7/2020: TrueNAS 12 Beta 1, Librem 13 Product Line

    Links for the day


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

Recent Posts