Bonum Certa Men Certa

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

They do, however, complain about their loss of independence

A shocked Battistelli



Summary: 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

THE EPO, wrongly and arrogantly assuming that the UPC will materialise, is already making judges inside the EPO redundant or subservient. Even in defiance of the EPC. This is extremely serious as it's a removal of oversight.



Several years ago we said that the EPO had done that (in late 2014) in order to gag those who speak about patent quality and can do so without fear of retribution. "Quality [of patents at the EPO] has dropped drastically the last 3 or 4 years," one person wrote yesterday*. Ever since then, for obvious reasons, we have seen no dissenting judges (except retired ones). They self-censor, just like staff representatives do (consciously or subconsciously). EPO insiders already know what it means for EPO management to send judges to Haar (a symbolic act) and then try to invite chairs to actually celebrate this. Thankfully, most chairs are snubbing and declining this invitation.

Deep inside, EPO staff representatives don't really believe much will change when Battistelli leaves. They just give Campinos the benefit of the doubt and act diplomatically. To quote a key paragraph (and the only one which contains new information of any kind in this article):

A source close to SUEPO said that as Campinos did not reject the numerous points issued against the current administration of the EPO, he is clearly aware of the contentions. However, the source added that what Campinos will actually do is still up for discussion, “since his answer is rather (to say the least) very vague”.


SUEPO links to this, so apparently it agrees.

Benoît Battistelli has caused a notable decrease in the number applications for EPs. He knows this, so right now he's trying to cook/bake/fake the numbers by reducing costs -- an old trick which this person fell for (and then got retweeted by the EPO).

Next time the EPO announces 'results' be sure to remember the decline in fees. It's strategic. It's designed to mask the decline in so-called 'demand'. Regarding patent quality, one person said yesterday: "In practice there is no comparison of quality differences being made, as far as I know."** ________ * With context added:

You're a bit harsh. Of course it is not off-limits for EPO to consider changing their practices.

Or would you want them to still use index cards and miles of bound volumes of old applications?

There's nothing wrong with improving efficiency. They can consider, and test, and evualuate all they want and only keep the good stuff.

I do agree that this should not reduce quality. And with the current EPO management that is indeed a worry. Quality has dropped drastically the last 3 or 4 years.

EPC article 1: A system of law, common to the Contracting States for the grant of patents for invention is established by this Convention.

For the grant of patents, not for their refusal! For the grant of patents, not neccessarily for the grant of high quality patents!

Quality should be assured by a constantly vigilant AC, alas, that is lacking.



** This comment alludes to the new system and the old system:

Back at Merpel’s questions... 1. Don’t know. And I’ve done the training...

Seriously, it is another technique and maybe it does work but it works in parallel with all my experience and doesn’t easily combine with it. It’s a bit like speaking Spanish for years and then one day being told that you would be better in Flemish. Why? Nobody really explains and you have no time to learn it. So you just ignore it. If you only learn Flemish and never learn Spanish (and they stop any Spanish classes), stats will always show Flemish is more popular except with the old fossils.

In practice there is no comparison of quality differences being made, as far as I know.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails