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

03.12.18

EPO Patent ‘Growth’ Not Achieved But Demanded/Mandated by Battistelli, by Lowering Quality of Patents/Services

Posted in Deception, Europe, Patents at 6:08 am by Dr. Roy Schestowitz

Is the ‘EPO factory’ still an office or a production line?

EPO factory
Picture modified; original by Greenpeace Switzerland/Flickr, CC BY-NC-ND

Summary: Targets at the EPO are not actually reached but are being imposed by overzealous management which dries up all the work in a hurry in order to make examiners redundant and many European Patents worthless

WHAT good is a patent granted in error? Ask the USPTO, whose patents are being dropped like flies by US courts these days. These patents are typically useful only as long as they don’t land in courts or on PTAB’s lap, e.g. by targeting small businesses that cannot afford IPRs or lawsuits (or can settle more cheaply than pursue a challenge). That’s just what patent trolls are exploiting.

“Battistelli does not want to talk about quality and he seems to be already coordinating ‘studies’ to lie about that too (we covered that before).”Last week we wrote about quality of patents being lowered and 'discounts' being used to encourage more applications, then fiddle with the media to spread spin. SUEPO’s position on this is rather revealing and it was only mentioned in this one article. Here’s the relevant part (emphasis added):

However, despite the EPO’s record number of patent grants, recent turmoil at the office has led to concerns about patent quality.

According to an internal memo from the Staff Union of the EPO (SUEPO), at the end of 2017, official targets were altered from 400,000 ‘products’ to 415,000.

Products are granted only for a few actions that an examiner is expected to perform: a patent search, a patent grant, or a patent refusal. Examiners are awarded points, which determine whether employees have reached their individual and collective targets.

SUEPO said that lofty and ever-changing targets could lead to negative consequences for staff health and patent quality.

A source close to SUEPO said that the EPO point system is “perverted” as it “does not reward the issuing of a very solid patent after a thorough search, but, on the contrary in the current work climate where fear of reprisal plays a huge role, it has become an unhealthy incentive to support the mass-production of (low-quality) patents”.

The source said: “SUEPO has abundantly written on the question of quality: it considers that the very high production pressure put on the EPO staff for so many years (with ever increasing targets) is not only bad for the health of staff but cannot be neutral when it comes to the quality of the work done.”

“This report is not a truly independent audit since it is produced internally by EPO staff under the supervision of Battistelli.”

The source added: “On the question of quality which is a crucial subject for the future of the EPO, SUEPO would advise all interested IP stakeholders to read this recent article by Dr Thorsten Bausch.”

Battistelli does not want to talk about quality and he seems to be already coordinating ‘studies’ to lie about that too (we covered that before). Lies are up for sale, commissioned by the highest bidder. See this morning’s tweet. It’s not a competition (like the Olympics). There are no trophies. Sometimes less is better. But the EPO is in the business of patent maximalism right now (rather than quality of patents, which the EPO used to be renowned for).

“The EPO is so defunct; but at the same time it’s immoral enough to corrupt media and academia (at the expense of applicants), so people are rarely told about the terrible state of the EPO and the EPO’s immorality.”This morning the EPO also boosted IAM. Don’t they realise how bad it looks for both of them (EPO and IAM)? Battistelli is very much in an ‘incestuous’ relationship with this patent trolls’ lobby. They are preparing so-called ‘studies’ together and he will soon keynote an IAM event, in which IAM will help spread the lies about “quality”, engage in promotion of software patents and so on.

The EPO is so defunct; but at the same time it’s immoral enough to corrupt media and academia (at the expense of applicants), so people are rarely told about the terrible state of the EPO and the EPO’s immorality. Nobody holds the EPO accountable in the legal sense or even the public opinion sense. IP Kat stopped doing that after the EPO had blocked the site and perhaps invoked yet more sanctions. IP Kat wasn’t the exception, either. Battistelli turned the EPO into a bully organisation; bullying both inwards and outwards. Soon, as a result of that, Europe might be flooded with bullies better known as patent trolls.

When China embraced patent maximalism (over a million patents per year!) we saw no opposition to it because expressions like “I oppose” (or object/disagree) are increasingly being banned in China. As for the EPO, it too has just peaked in terms of censorship. Even staff representatives are being gagged, not just unions.

China now grapples with an epidemic of patent trolls; Europe also, but IAM helps the EPO deny that.

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 16/8/2018: MAAS 2.4.1, Mesa 18.2 RC3

    Links for the day



  2. USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

    The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there’s also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents



  3. The Demise of US Software Patents Continues at the Federal Circuit

    Software patents are rotting away in the United States; it remains to be seen when the U.S. Patent and Trademark Office (USPTO) will truly/fully honour 35 U.S.C. § 101 and stop granting such patents



  4. Almost Two Months After the ILO Ruling Staff Representative Brumme is Finally Back on the Job at EPO

    Ion Brumme gets his position at the EPO back, owing to the Administrative Tribunal of the International Labour Organization (ILO-AT) ruling back in July; things, however, aren't rosy for the Office as a whole



  5. Links 15/8/2018: Akademy 2018 Wrapups and More Intel Defects

    Links for the day



  6. Antiquated Patenting Trick: Adding Words Like 'Apparatus' to Make Abstract Ideas Look/Sound Like They Pertain to or Contain a 'Device'

    35 U.S.C. § 101 (Section 101) still maintains that abstract ideas are not patent-eligible; so applicants and law firms go out of their way to make their ideas seem as though they're physical



  7. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  8. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  9. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  10. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  11. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  12. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  13. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  14. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  15. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  16. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  17. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  18. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  19. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  20. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  21. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  22. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  23. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  24. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  25. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  26. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  27. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  28. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  29. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day



  30. Links 7/8/2018: TCP Vulnerability in Linux, Speck Crypto Code Candidate for Removal

    Links for the day


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