10.12.17

Under Christoph Ernst, the Council is Just a Megaphone of Battistelli’s EPO, Including on Patent Quality

Posted in Deception, Europe, Patents at 10:15 pm by Dr. Roy Schestowitz

A strong watchdog would say, “look, we have an issue here with quality…”

Dr. Ernst of EPO

Summary: The Administrative Council of the EPO does not appear to be interested in a serious, adult, scientific debate about the quality of European Patents (EPs) and is instead relaying lies from Benoît Battistelli

IT’S sad to see the EPO failing to reform (or rather rehabilitate) itself even with some new leadership (Battistelli getting a new 'boss'). Earlier today the EPO published this. (epo.org link, which means clicks could, in theory, be tracked)

The statement is worrisome and Techrights will make a complete copy of it, just in case the EPO’s current site ceases to exist some time soon (as some insiders believe; when EPO people say that the EPO might cease to exist “soon” they mean in relative terms, like half a decade or a decade, perhaps following some sort of merger).

Here is the full text:

The Administrative Council of the European Patent Organisation held its 153rd meeting in Munich on 10 and 11 October 2017 under the chairmanship of Christoph ERNST (DE).

A central issue was the election of the next President of the European Patent Office. A special Communiqué has been issued in this respect.

The Administrative Council noted the activities reports given respectively by its Chairman and by the President of the European Patent Office, Benoît BATTISTELLI. In the ensuing discussion on the latter, the Council praised again the Office and its staff for the excellent results achieved. It also took note of the first report of the President of the Boards of Appeal, following the reform adopted in 2016.

The Council further noted the oral reports from the chairpersons of its advisory bodies on their recent meetings: Boards of Appeal Committee, Supervisory Board of the Reserve Funds for Pensions and Social Security, Supervisory Board of the EPO Academy, and Select Committee.

The Council then proceeded with a series of elections and appointments to its advisory bodies. In particular it elected Mr Lex Kaufhold Chairman of the Budget and Finance Committee for 3 years, starting on 10 October 2017. The Council also decided on appointments and re-appointments to the Enlarged Board of Appeal, the Boards of Appeal and the Disciplinary Board of Appeal.

The Council carried out an exchange of views on the first ever Annual Report on Quality. It expressed its satisfaction both on the methodology developed and on the measured achievements.

In respect of legal affairs the Council authorised the President of the Office to renew the EPO-WIPO Agreement in relation to the functioning of the EPO as an International Searching Authority and as an International Preliminary Examining Authority under the PCT.

Turning to matters concerning the Reserve Funds for Pensions and Social Security (RFPSS), the Council reviewed the composition and competence profile of the RFPSS Supervisory Board and unanimously endorsed a revised governance.

At last, the Council held a thorough exchange of views on the Office’s social report for 2016, which comprehensiveness and transparency were most appreciated.

Council Secretariat

They cite that insulting “social report” (we wrote a lot about it) and there’s a lot more to be said about the rest of it. It’s like it was written with (or by) Team Battistelli. There’s no notion of real scrutiny or oversight. It’s just congratulatory and supine.

The part about patent quality has been debunked by The Register (“Annual Report on Quality” and some comments there in El Reg). To quote from this two-page article:

A row has broken out at the European Patent Office over the quality of its work.

The international organization’s big annual meeting in Munich this week has been overshadowed by a war of words between staff and the EPO’s president, Benoit Battistelli. Staff are warning that quality is falling in response to an aggressive effort by management to increase output and Battistelli is publicly disparaging his own staff in response.

In response to pointed criticism, Battistelli highlighted his team’s first ever annual quality report that showed very high levels of satisfaction as evidence that all was well at the organization. But at least one government subsequently picked apart that report by noting that it relies entirely on internal evaluations.

The row kicked off when the EPO’s staff representative dropped its typically diplomatic update to the EPO’s Administrative Council – made up of 38 European government representatives – and provided a caustic criticism of reforms efforts at the EPO, arguing that a push for ever-faster and greater numbers of patent approvals was leading to a drop in quality.

[...]

Battistelli was, predictably, furious. He has waged a long reform battle at the EPO that has seen the organization repeatedly pulled in front of the International Labor Organization, the courts and even the European Court of Human Rights. He has, however, retained the support of the majority of the Administrative Council by arguing that he is modernizing the EPO and – critically – that the number of patents is increasing while quality has been maintained or even improved.

Any suggestion that the reforms efforts are reducing the quality of patents would risk undermining that entire organization since it raises the likelihood that approved patents are then challenged and even defeated in court: every business’ worst nightmare.

Patent offices live or die (or perish, as governments can typically cushion for losses) based on patent quality. The EPO is dying, at least judging by quality and decline in applications. EPs lost their value. Workers are not happy. Experienced examiners are leaving. In short, Battistelli killed what existed and more or less worked (even if far from perfectly).

The comments section did not immediately attract much abuse, except against the author of the article (pretending patent quality was always or for over a decade been pretty poor). Having written about this for over a decade, I reject that supposition. EPs used to be pretty strong. That’s why it took a long time to process applications. See this leaked E-mail from the EPO's Roberto Vacca. No wonder patent quality collapsed.

As one commenter put it:

The EPA did have (still does?) a quality audit department which were independent examiners who controlled the actual output for quality – should it really have been granted etc. The figures e’re only for internal use and were disputed and massaged. But they weren’t good. BB never talks about them.

Yes, exactly. The next comment said that the EPO’s “assessment of quality [...] can be misleading [...] or even dangerous if you consider the opposite.” Watch what they’re measuring:

The distinction is an important one. It seems that the EPO include timeliness of delivery in its assessment of quality which can be misleading….or even dangerous if you consider the opposite. If a product is of lesser quality because it took longer to arrive then the extreme case could be that a European Patent may not be worth waiting for!

Earlier today the EPO wrote: “Is it possible to object to a particular application, either before or after it has been granted?”

Well, there’s far less opportunity to do that due to Battistelli’s so-called ‘reforms’, which seemed aimed at lowering patent quality to fake ‘production’.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/10/12/lies-about-the-quality-of-european-patents/

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 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  2. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  3. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  4. Who is Richard Stallman?

    Reproduced with permission



  5. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  6. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  7. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  8. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  9. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  10. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  11. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  12. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  13. An Ode to Dr. Ernst

    THE BUDGET is right...



  14. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  15. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  16. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  17. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  18. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  19. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  20. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  21. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  22. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  23. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  24. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day



  25. IRC Proceedings: Sunday, April 11, 2021

    IRC logs for Sunday, April 11, 2021



  26. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  27. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  28. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  29. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  30. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become


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