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

11.13.17

Unitary Patent (UPC) is Dead to the EPO and ANSERA is Not the Answer as Patent Quality Declines and Talented Staff Leaves

Posted in Europe, Patents at 7:54 am by Dr. Roy Schestowitz

Of questions

Summary: EPOPIC comes to an end and the EPO does not mention the UPC ‘content’ in it; ANSERA, in the meantime, raises more questions than it answers and IP Kat makes a formal query

THE quality of patents at the EPO and the USPTO goes in opposite directions. It’s almost as though the EPO is mimicking the old (and notorious) USPTO, whereas the USPTO mimics the old (and reputable) EPO. It’s bizarre, but we have been pointing this out for about four years now.

Has the EPO run out of competent staff? This morning their official news feed linked to http://localhost:8080/ (geeks will understand why it’s funny and how it reinforces stereotypes about marketing people) although it was supposed to link to this page (warning: epo.org link) about EPOPIC. This focuses a lot on search, e.g.:

Those attending heard how the EPO is increasingly focusing on usability to enable more users to search data efficiently and easily, while ensuring the reliability and correctness of the data.

It’s worth noting that even though the UPC was mentioned by the EPO at EPOPIC it was altogether omitted from the summary of it. Curious omission! Perhaps the EPO too knows that unitary/unified/community/EU patent is dead. We’re not even too sure what to call it anymore. Too many renames over the years — an effort to dodge negative publicity associated with failures. The Unitary Patent aka UP aka UPC (Unified Patent Court) aka UPCA formerly “harmonisation” or “EU patent” or “Community patent” is a great example of names being morphed and new euphemisms being added. That still wasn’t enough. Call it whatever, it’s still a steaming pile of dung and no sane European would want it, except perhaps the few who are patent prosecutors. The dangers associated with the UPC are further increased considering the lousy patents and lousy searches associated with European Patents these days. It’s like all the burden of examination is being passed to European courts, where proceedings are not only expensive but are also conducted in languages one does not understand. It’s laughable! This too gets mentioned in the constitutional complaint in Germany.

But facts don’t get in the way of politicians who now run the EPO. They don’t care if automated translations are worse than nothing and whether automated prior art searches rely on consistent terminology and delusions about the supposed power of so-called “AI”. Facts just don’t matter. Today’s EPO has plenty of “alternative facts”.

Benoît Battistelli does not mention the UPC either (warning: epo.org link). He wrote about it today (or maybe ghostwrote it a while back) and UPC is not mentioned, possibly because he too knows that UPC is off the agenda. Here is what he said:

The EPO has always been held in high regard in this field and is one of the leading providers of patent information.

The next sentence should say what he himself has done. The EPO has become a farce thanks to him. He is speeding things up by sheer lenience and shoddy automation, not to mention elimination of holidays.

Remember ANSERA? It was already mentioned by staff representatives and an anonymous comment that said “new examiners are only trained in our new system called ansera. It finds prior art mostly automatically, you saw the results.” (mentioned here about a month ago).

The staff representatives said that for Team Battistelli etc. “the search tool “Ansera” may be the Answer – but this software appears to be useful only in certain technical fields…”

“Merpel” made a sort of comeback this morning and revealed that he/she/they made an inquiry about it:

The enquiry received the number 542532. Merpel was promised her questions would be forwarded to the “department in charge”. Not having heard from the “department in charge” (or anybody else at the EPO), Merpel sent a follow-up enquiry on 1 November 2017 (Enquiry no. 544546). Merpel was informed that “[a] reminder has now been sent to the department dealing with your enquiry”.

It now being the 13 November 2017 – more than three weeks after the initial enquiry – and not having heard from the EPO, Merpel puts the above questions to the readership of IPKat. She is particularly interested in hearing about your experiences using ANSERA if you are an examiner with the EPO.

Whatever goes on at the EPO right now does not seem too promising because the next President is a Battistelli ‘pick’, the UPC is going nowhere (while the appeal boards are grossly understaffed), and quality of issued patents — we’re supposed to think — is assured by some silly computer program that examiners themselves are complaining about. But hey, who cares anyway? “Production” is up!

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

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. Chinese Patent Policy Continues to Mimic All the Worst Elements of the American System

    China is becoming what the United States used to be in terms of patents, whereas the American system is adopting saner patent policies that foster real innovation whilst curtailing mass litigation



  2. Links 20/11/2017: Why GNU/Linux is Better Than Windows, Another Linus Torvalds Rant

    Links for the day



  3. “US Inventor” is a “Bucket of Deplorables” Not Worthy of Media Coverage

    Jan Wolfe of Reuters treats a fringe group called “US Inventor” as though it's a conservative voice rather than a bunch of patent extremists pretending to be inventors



  4. Team Battistelli's Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

    A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office



  5. PTAB is Safe, the Patent Extremists Just Try to Scandalise It Out of Sheer Desperation

    The Leahy-Smith America Invents Act (AIA), which gave powers to the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), has no imminent threats, not potent ones anyway



  6. Update on the EPO's Crackdown on the Boards of Appeal

    Demand of 35% increases from the boards serves to show that Battistelli now does to the 'independent' judges what he already did to examiners at the Office



  7. The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

    Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents



  8. Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

    The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles



  9. Alice Remains a Strong Precedential Decision and the Media Has Turned Against Software Patents

    The momentum against the scourge of software patents and the desperation among patent 'professionals' (people who don't create/develop/invent) is growing



  10. Harm Still Caused by Granted Software Patents

    A roundup of recent (past week's) announcements, including legal actions, contingent upon software patents in an age when software patents bear no real legitimacy



  11. Links 18/11/2017: Raspberry Digital Signage 10, New Nano

    Links for the day



  12. 23,000 Posts

    23,000 blog posts milestone reached in 11 years



  13. BlackBerry Cannot Sell Phones and Apple Looks Like the Next BlackBerry (a Pile of Patents)

    The lifecycle of mobile giants seems to typically end in patent shakedown, as Apple loses its business to Android just like Nokia and BlackBerry lost it to Apple



  14. EFF and CCIA Use Docket Navigator and Lex Machina to Identify 'Stupid Patents' (Usually Software Patents That Are Not Valid)

    In spite of threats and lawsuits from bogus 'inventors' whom they criticise, EFF staff continues the battle against patents that should never have been granted at all



  15. The Australian Productivity Commission Shows the Correct Approach to Setting Patent Laws and Scope

    Australia views patents on software as undesirable and acts accordingly, making nobody angry except a bunch of law firms that profited from litigation and patent maximalism



  16. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  17. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  18. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  19. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  20. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  21. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  22. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  23. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  24. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  25. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  26. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  27. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  28. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  29. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  30. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice


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