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

03.15.18

Monumental Effort to Highlight Decline in Quality of European Patents (a Quarter of Examiners Sign Petition in Spite of Fear), Yet Barely Any Press Coverage

Posted in Europe, Patents at 6:24 pm by Dr. Roy Schestowitz

Media blackout
Reference: Media blackout

Summary: The media in Europe continues to be largely apathetic towards the EPO crisis, instead relaying a bunch of press releases and doctored figures from the EPO; only blogs that closely follow EPO scandals bothered mentioning the new petition

EARLY in the day we found and then posted the petition of EPO workers, who basically rebel against the management's policy. Some readers had told us about it before we found a copy. “924 EPO examiners send petition to the Administrative Council,” one of them told us. “They are not allowed to work [according] to the EPC.”

Later in the day The Register covered it and then came IPPro Patents with the report titled “Quarter of EPO examiners sign petition against product targets” (neither has been listed by SUEPO today, but maybe it’s just a matter of time). To quote from the latter:

Nearly 1000 European Patent Office (EPO) examiners have signed a petition to warn the office’s administrative council that the quality of patents at the EPO is “endangered by the demands of current management”.

According to the petition and accompanying letter, which was sent by the EPO’s Central Staff Committee (CSC) to the delegates of the administrative council and EPO president Benoît Battistelli, the “issue of quality at the EPO is becoming every day more pregnant”.

The petition’s text reads: “We, examiners of the EPO, are submitted to constraints that are no longer compatible with fulfilling appropriately our duties within the search and examination divisions.”

“We are far too often put in front of the dilemma of either working according to the European Patent Convention (EPC) and respecting the examiner’s guidelines, or issuing ‘products’ as our hierarchy demands.”

The group said that products should not be the “only criteria to assess the office and examiners performance, but that attention should be paid to providing a high level of presumption of validity to the patents we grant”.

Products are granted for a few actions that a patent 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.

The original text could be found in this morning’s post of ours. Where is IP Kat? What about IP Watch? Nothing. Two days ago IP Watch posted another piece for patent lawyers who had previously complained about PACE. Sometimes we wonder what happened to the “watch” in “IP Watch” because they amplify press releases/articles from patent maximalists, too. Are they going to also amplify Mingorance, who called patent rationalists "freeriders" some months ago and days ago pushed out this press release? It’s about putting patents inside standards (again):

Commenting on the outcome, Francisco Mingorance, Executive Secretary of IP Europe…

Unfortunately, not a single large press outlet (maybe except The Register) is covering this petition. The Register is focused on technology (there’s also no printed version) and only one patents-focused blog wrote about the petition.

Here we have patent maximalists in the US commenting on the Enlarged Board of Appeal, having never covered any of the EPO scandals. Ever. Sophie Blake wrote:

The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14). This decision resolves the question regarding which standard is to be applied to determine whether an “undisclosed disclaimer” in a patent claim introduces added subject-matter (that is, it contravenes Article 123(2) EPC).

Previously G 1/03 and G 2/10 have both addressed issues regarding added subject-matter of disclaimers; this is therefore the third Enlarged Board of Appeal decision to be issued in just over a decade on this subject, which perhaps gives an indication of how contentious an issue the allowability of introducing disclaimers into patent claims is seen to be at the EPO.

They find a lot of time to write about the Enlarged Board of Appeal (or Boards of Appeal in general), but never time/space for the ongoing crisis.

The petition must have taken a lot of effort and money; based on the few reports about it (2 so far), some of this predates the increase in ‘production’ targets, hence it goes back at least 3-4 months. Why is the media so apathetic to so colossal a crisis which jeopardises Europe’s future?

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 5/6/2020: LibreELEC (Leia) 9.2.3, Rust 1.44.0, and Hamburg's Pivot to Free/Libre Software

    Links for the day



  2. This Article About GitHub Takeover Never Appeared (Likely Spiked by Microsoft and Its Friends Inside the Media)

    And later they wonder why people distrust so much of the media (where paying advertisers set the agenda/tone)



  3. Raw: How Microsoft and/or the EPO Killed an Important EPO Story About Their SLAPP Against Techrights and Others

    Spiking a story about spiked stories about corruption



  4. The Linux Foundation 'Bootcamp' -- Badly Timed and Badly Named in June 2020 -- Only Uses Linus Torvalds Like a 'Prop' (for Legitimacy) While Promoting Militarised Monopolies

    Sometimes a picture says a lot more than words, especially in light of political events in the US and a certain Chinese anniversary we cannot name (Microsoft censors mentions of it)



  5. IRC Proceedings: Thursday, June 04, 2020

    IRC logs for Thursday, June 04, 2020



  6. The Gates Press (GatesGate) -- Part II: When Media That You Bribe Calls All Your Critics 'Conspiracy Theorists' (to Keep Them Silenced, Marginalised)

    The assault on the media by Bill Gates is a subject not often explored by the media (maybe because a lot of it is already bribed by him); but we're beginning to gather new and important evidence that explains how critics are muzzled (even fired) and critical pieces spiked, never to see the light of day anywhere



  7. GitHub is Not Sharing But 'Theft' by Microsoft

    Microsoft buying GitHub does not demonstrate that Microsoft loves Open Source (GitHub is not Open Source and may never be) but that it loves monopoly and coercion (what GitHub is all about and why it must be rejected)



  8. The Huge Damage (Except for Patent Lawyers' Bottom Line) Caused by Fake European Patents

    The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits



  9. Red Hat/IBM Got 'Tired' of RMS. Is It Getting 'Tired' of GPL/Copyleft Too?

    After contributing to the cancellation of Richard Stallman (RMS) based on some falsehoods perpetuated in the media we're seeing the sort of thing one might expect from IBM (more so now that it totally controls Fedora and RHEL)



  10. Links 4/6/2020: Proton 5.0-8 Release Candidate, GNU Linux-libre 5.7

    Links for the day



  11. IRC Proceedings: Wednesday, June 03, 2020

    IRC logs for Wednesday, June 03, 2020



  12. Social Engineering of Free Software, Based on Corporate Criteria

    What "professional" nowadays means in the context of coding and honest assessment of technical work



  13. Weakening GNU/Linux by Disempowering Its Leaders and Founders, Replacing Them With Microsoft Employees and GNU/Linux-Hostile Moles

    The coup to remove (or remove power from) Stallman and Torvalds, the GNU and Linux founders respectively, is followed by outsourcing of their work to Microsoft’s newly-acquired monopoly (GitHub) and appointment of Microsoft workers or Microsoft-friendly people, shoehorning them into top roles under the disingenuous guise of "professionalism"



  14. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  15. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  16. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  17. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  18. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  19. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  20. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance



  21. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  22. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  23. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  24. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  25. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation



  26. Reminder: Microsoft Profits From Crushing Protesters for Donald Trump

    Don't lose sight of the fact that what's going on in the United States right now is very profitable to Microsoft



  27. No, GNU/Linux Isn't at 3% and Windows Isn't at Over 90%, Either

    This ludicrous idea that "Linux" (however one defines it) enjoys just 3% of the "market" is false and it should be treated as laughable spin (it is being widely promoted this week, often by Microsoft boosters looking to make charts where Windows stays at above 90% and Vista 10 is 'gaining'... at the expense of Windows)



  28. Links 3/6/2020: Devuan Beowulf 3.0.0 and Tails 4.7 Released

    Links for the day



  29. Links 2/6/2020: New Firefox Release (77), Debian-based MX Linux 19.2, KDevelop 5.5.2, GNU/Linux Growth on Desktops/Laptops

    Links for the day



  30. Techrights Can Figure Out Source Protection/Anonymisation Whilst Operating Very Transparently

    We're still quite radically transparent whilst at the same time enjoying 100% source protection record; we're also improving the software we use to publish more quickly and efficiently


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