10.15.17

Gemini version available ♊︎

Articles in English and German Speak About the Decline in Quality of European Patents (Granted by the EPO)

Posted in Europe, Patents at 9:15 pm by Dr. Roy Schestowitz

Quality of European Patents (EPs) is the very thing EPs derive their value from

Sinking

Summary: Heise and The Register, two sites that have closely watched EPO affairs for a number of years, speak about the real problem which is declining patent quality (or rushed examination) — a recipe for frivolous litigation in Europe

THE past week was a busy week for the EPO, but most news coverage focused on the next President. We did, however, write several articles about patent quality (or lack thereof) and the disappointing statement from Christoph Ernst's Council (or rather, the Administrative Council headed by Ernst).

“The Council seems too weak to be willing to state the truth and publicly acknowledge that there’s a problem with patent quality — a problem whose full magnitude will only be realised after invalidations, appeals etc.”The new German Chairman of the Administrative Council is already coming under scrutiny. Now there’s some news coverage in German about it and SUEPO drew attention to it. An update also contains some information from Elizabeth Hardon. From the article in German (written by one who is familiar with these matters):

Was als Fachdiskussion über die Zukunft des europäischen Patentsystems mit dem neuen Verwaltungsratschef des EPA gedacht war, entwickelte sich am Freitagabend zu einer harten Abrechnung mit dem scheidenden Präsidenten.

Harte Kritik an der sinkenden Qualität der Patentprüfungen im Europäischen Patentamt (EPA) als Folge der Überlastung von Patentprüfern musste sich der frisch gebackene Chef des Verwaltungsrats des Europäischen Patentamts, Christoph Ernst, Ministerialdirigent im Bundesjustizministerium am Freitag anhören. Ernst hatte auf Einladung des Münchner Max-Planck-Instituts (MPI) für Innovation und Wettbewerb eine optimistisches Bild zur Zukunft des europäischen Patentsystems gezeichnet, erklärte sich aber dazu bereit, die Diskussion über das Qualitätsproblem mit den Fachleuten zu führen.

An automated translation from Google Translate says:

What was conceived as a discussion about the future of the European patent system with the new board of directors of the EPO developed on Friday night to a hard billing with the outgoing president.

The freshly baked head of the Administrative Board of the European Patent Office, Christoph Ernst, Ministerialdirigent in the Federal Ministry of Justice, had to listen bitterly to the falling quality of the patent tests in the European Patent Office (EPO) as a result of overloading patent examiners. Ernst had drawn an optimistic picture of the future of the European patent system at the invitation of the Munich Max Planck Institute (MPI) for innovation and competition, but declared willing to discuss the quality problem with the experts.

Here is what stakeholders think about it:

Instead of thoroughly scrutinizing the filings, the EPA staff tried to get the files back quickly from the table. In the medium term, the declining quality of users could drive the users away and the entire EPO system shake, the lawyer said with great applause from around 60 participants at the MPI, many of whom contributed their own observations.

And then the part about Elizabeth Hardon:

The EPA auditor and trade unionist Elizabeth Hardon, who was put on the air by Battistelli in 2016, recalled that deficiencies in quality will only be apparent in a few years in follow-up nullity proceedings. The trade unionist at the MPI expressly welcomed the fact that others are standing up to criticize the work situation at the EPO. “We have not been heard for years,” she said.

There are many comments there.

More was said about the subject over at The Register; from page 2 (emphasised by SUEPO):

In response to the criticism, Battistelli came out swinging. He pushed the EPO’s annual Quality Report and argued that “quality is the first priority of the Office.”

He went to suggest there was a split between the examiners doing the work and their union representatives: “Unfortunately, I regularly hear untruths about the quality offered by the Office. In particular, this comes from the side of the personnel representation. Those who represent the staff dispute the quality of the products. This is normally never the case that one contests the quality of the work of his/her colleagues.”

But after years of complaints about how Battistelli has handled staff complaints and union officials, and with the announcement of his successor at the same meeting, several governments expressed their dissatisfaction.

The German government representative welcomed the quality report but then noted that the EPO was effectively grading itself.

“We must distinguish between process quality and product quality. The process quality can be certified. Product quality is discussed at meetings and it is unclear how it can be assessed,” he noted.

Aside from the German government being a very powerful voice within the EPO given Germany’s position as the largest patent holder in Europe, the EPO’s new chair is German government representative Christoph Ernst.

[...]

Concerns about EPO quality don’t just rest with the staff or governments either. Recently the EPO’s customers – European corporations – have started raising doubts about patent quality.

With Battistelli still in office until July next year, it is clear that nothing is going to be done to remedy what has become a toxic environment at the organization for the next six months (lest you forget, Battistelli has a permanent bodyguard and even had the brakes of his bike cut – quite something for a man who is very far from the public eye).

In a sense, none of this was new except the response from Battistelli and Ernst. The Council seems too weak to be willing to state the truth and publicly acknowledge that there’s a problem with patent quality — a problem whose full magnitude will only be realised after invalidations, appeals etc.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  2. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  3. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  4. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  5. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  6. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  7. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  8. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  9. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  10. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  11. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  12. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  13. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  14. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  15. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  16. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  17. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  18. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  19. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  20. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  21. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  22. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  23. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  24. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  25. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  26. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  27. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  28. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  29. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  30. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)


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