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

11.29.17

EPO Spreads Two Lies Today, One About Patent ‘Production’ and Another About ‘Quality’

Posted in Deception, Europe, Patents at 6:42 pm by Dr. Roy Schestowitz

Measuring what’s not immeasurable using false yardsticks

Calipers

Summary: Today’s face-saving lies from the EPO focus on the very serious scandals that worry stakeholders while at the same time distracting from ongoing attacks on EPO staff and basic rights

THE EPO tries hard to distract from the latest scandals. Today it was recycling an old EU-IPO ‘study’, then returned to its daily repetition of the pro-UPC nonsensical ‘study’ and daily repetition of the “SME” thing. None of this is new. It’s weeks old.

Also today, the EPO issued two “news” items, which is unusual (sometimes it goes on for a month with not even one). Both regurgitate familiar propaganda. The first notes that the EPO has been granting lots of crappy patents (too fast, too leniently, which necessarily means decline in patent quality). The global patent bubble grows bigger, but the EPO is a large contributor to this bubble, having experienced ‘growth’ four times higher than the IP5 average (top five patent offices). When it comes to patents, quality should matter, not quantity, but watch what the EPO wrote: (warning: epo.org link)

To cope with increasing demand, the EPO has put in place a series of quality [sic] and efficiency measures, which in 2016 led to an 8.5% rise in products (completed searches, substantive examinations and oppositions), and 40% more patents granted.

Terrible. Nothing to be proud of. Never mind the fact that they’re rapidly running out of ‘stock’. They have been granting, among other things, patents on algorithms and patents on life (these later turned out to be null and void). This leads us to the second “news” item, which is more of the old CPVO spin (CPVO is not what many people assume it to be). Read the “quality” nonsense further down (including the heading which precedes it). To quote the “news”: (warning: epo.org link)

Martin Ekvad, CPVO President, emphasised the importance of formalising cooperation in an agreement concluded last year between the EPO and CPVO…

[...]

At the EPO less than one in three patent applications in biotechnology becomes a European patent, while the overall grant rate in all fields of technology is around 48%.

That says almost nothing and fails to account for what happened earlier this year. Many patents on life/organisms were instantaneously invalidated. How about that? Why were these granted in the first place? The sentence above, along with that paragraph, is constructed to help Battistelli lie about patent quality. Who does he need to lie to? Gullible people like Dr. Ernst, who continues to publicly deny the issue (even when directly challenged by concerned users of the patent system).

Ernst has done far too little to earn trust from SUEPO (judging by the tone of the site) and every comment about him in Kluwer Patent Blog has been negative. Here are the latest two. They’re about the expectation that he will go along with Battistelli and again punish all the workers:

dear you two again : the document is NOT OFF THE TABLE at all.

DG 4 submits it for information in December with changes : from 100% contracts to (only) 40 % (which will put the entire structure under even more production pressure than it is now) and, cherry on the cake, now they introduce the option to transform the contract into a permanent one after FIFTEEN YEARS (…or not).

This document will be submitted for decision in March 2018.

so please stop doing as if it was off the table since this new proposal is equally bad as the previous one, totally non adapted to a stable international organisation like the EPO, the aim of which being to serve the PUBLIC on the long run and certainly not to produce cash surplus for its Member States (surplus which nowadays fall in their (deficit) national budgets) this at the expenses of the health of staff hundreds of employees who go burned-out, in-treatments, in depressions, or even commit suicide when they cannot cope any more (6 non-investigated suicides over the past 5 years, a 7th miraculously avoided for 3 months).

I want to make one thing clear: the documents on 5 years contracts for EPO staff should end up in the bin. I have never had a different opinion on it.

The new proposal is even more ludicrous. Even if after 15 years there is a possibility to get a permanent job, which person sound in its mind would leave its national security and social protections systems to hire at the EPO? Such a stupid idea can only germ in the minds of people who are playing manager, but do not really know what it means to manage in the interest of the body they rule. It makes me sad to see that a reputable office like the EPO is run by such people.

The net result will be more younger people at the EPO, as I do not know anybody having a stable job for a few years leaving this in order to hire at the EPO. There will be also more Germans in Munich and more Dutch in The Hague, trends which are already existing today.

Here Mr Ernst has to resist the fools running the office by not putting such a proposal on the agenda of the AC.

If a measure with such a long term effect is decided three months before a new president comes, then it shows the esteem shown to his successor by the present holder of the function. As another commenter said it makes you want to puke.

Several days ago a reader told us that the EPO had adopted a notorious French model which makes workers very stressed (sometimes/often suicidal) and as of today there’s this ruling from the French Supreme Court about public mockery of patent infringers. It’s not very new, but this was covered some hours ago by IP Kat, which said:

The French Supreme Court last month affirmed that a patentee is free to publish a decision of patent infringement on their website. In doing so, the patentee neither tarnishes the name of the defendant nor breaches any other principle of tortious liability towards the defendant.

This is a matter of free speech; we recently covered the matter in relation to the EFF getting sued repeatedly for mocking patents. At the EPO workers get in a lot of trouble if they say that patent quality is declining. We covered examples of such incidents earlier this year.

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

What Else is New


  1. Links 13/12/2018: IRS Migration, GNOME 3.31.3 Released

    Links for the day



  2. Patent Trial and Appeal Board (PTAB) Decisions Still Uncontroversial Unless One Asks the Patent Maximalists

    Contrary to what the Director of the U.S. Patent and Trademark Office has claimed, PTAB is liked by companies that actually create things and opposition to PTAB comes from power brokers of the Koch brothers, law firms, and trolls (including those who foolishly repeat them)



  3. Latest Talk From IBM’s Manny Schecter Shows That IBM Hasn't Changed and After the Red Hat Takeover It'll Continue to Promote Software Patents

    IBM's hardheaded attitude and patent aggression unaffected by its strategic acquisition of a company that at least claimed to oppose software patents (whilst at the same time pursuing them)



  4. The European Patent Troll Wants as Much Litigation as Possible

    Patent quality is a concept no longer recognisable at the European Patent Office; all that the management understands is speed and PACE, which it conflates with quality in order to register as much cash as possible before the whole thing comes crashing down (bubbles always implode at the end)



  5. António Campinos Turns His 'Boss' Into His Lapdog, Just Like Battistelli and Kongstad

    The European Patent Organisation expects us to believe that Josef Kratochvíl will keep the Office honest while his predecessor, the German who failed to do anything about Battistelli's abuses, becomes officially subservient to António Campinos



  6. Links 12/12/2018: Mesa 18.3.1 Released, CNCF Takes Control of etcd

    Links for the day



  7. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  8. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  9. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  10. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  11. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  12. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  13. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  14. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  15. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  16. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  17. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  18. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  19. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  20. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  21. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  22. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  23. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  24. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  25. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  26. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  27. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  28. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  29. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  30. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with


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