03.29.18

Gemini version available ♊︎

Patent Quality, Not Quantity, is What Really Matters

Posted in Asia, Europe, Patents at 10:32 am by Dr. Roy Schestowitz

EPO adopts the Chinese model (patent trolls magnet), unlike somewhere like India

EPO patents criticised

Summary: The EPO’s policy of “grant fast/first, ask questions later” is a recipe for disaster not just for the EPO but for Europe in general

THE EPO crisis (this particular term, “crisis”, seems suitable) is a ticking time-bomb. Applications are running out and UPC is as dead as can be (it has barely even been mentioned this past month). Florian Müller is right when he says, as IP2Innovate quoted the other day: “Whenever the Unitary Patent Court (UPC) will be ready, Europe will become a paradise for patent trolls and the likes of Nokia and Ericsson…”

IP2Innovate has repeatedly warned about it and lobbyists of patent trolls attacked IP2Innovate over it. They also attacked people who 'dared' cite IP2Innovate. Such is the behaviour of aggressive trolls…

“Applications are running out and UPC is as dead as can be (it has barely even been mentioned this past month).”The problem we’re seeing is that the EPO basically ‘offloads’ examinations onto courts; it issues patents recklessly and in a rush, only for courts and lawyers to clean up the mess that lawyers themselves all along made. They want lots of litigation. That’s their bread and butter.

Found earlier this week via this tweet was a new article titled Liberaler Mittelstand fürchtet Patentflut & Qualitätsmangel. It was then mentioned also in a comment that said:

On patent quality at EPO

WIPR

https://www.worldipreview.com/news/wipr-survey-epo-patent-quality-is-endangered-claim-readers-15689

Landshuter Rundschau

http://la-rundschau.de/landshut/politik/33298-liberaler-mittelstand-fuerchtet-patentflut-qualitaetsmangel.html

EPO examiners generally know that they issue low-quality patents. They admit it, but they stress very strongly that this is the fault of the management. The examiners don’t want to do it, but they feel as though they must in order to keep their job.

The EPO is meanwhile bragging, yet again, about growth in the number of patents. Yesterday it wrote that “Italy filed over 4% more applications at the EPO in 2017 compared with the previous year.”

“It doesn’t look like these discounts had any fundamental effect in Europe, perhaps except income going down.”“But in order to get this message right (across to the readers),” I’ve told them that the discounts should be taken into account. You “gave a DISCOUNT on applications and ‘demand’ went DOWN,” I told them in response to this other tweet in which EPO said: “Belgium posted fewer patent applications in 2017 (-1.9%) after its strong increase in 2016 (+7%)…”

It doesn’t look like these discounts had any fundamental effect in Europe, perhaps except income going down. And that’s before work even runs out! It’s going to get a lot worse when staff is made redundant.

What does the EPO even strive for? Issuing as many patents as possible, e.g. by consciously lowering the quality of examination? Yesterday there was this press release which said:

Constant Pharmaceuticals, LLC, a privately held biopharmaceutical company focused on the treatment of stroke recovery, today announced that the European Patent Office (EPO) has notified the company that it will grant a patent covering the use of TXA127 in the treatment of stroke. TXA127 is a pharmaceutical grade formulation of the naturally occurring peptide Angiotensin (1-7), which Constant is developing for the treatment of stroke recovery.

A few days ago someone showed us that the EPO had just granted a patent on chewing gum. The above is naturally-occurring — something which typically disqualifies patents.

“A few days ago someone showed us that the EPO had just granted a patent on chewing gum.”But hey, who cares about patent quality anyway? Certainly not patent lawyers, who are typically patent maximalists as that equals/implies more income for lawyers.

Earlier today the Sottish Legal was posting this Marks & Clerk puff piece/ad in the form of an ‘article’. Marks & Clerk sucks up to EPO management by promoting patent maximalism. To quote:

The UK has enjoyed a consistent rise in energy-related European patents with the number of patents granted by the EPO in the energy sector having nearly doubled since 2008. The volume of patents applied for has also increased by nearly 40 per cent since 2008.

Newly released data from the European Patent Office (EPO) found that ‘electrical machinery, apparatus, and energy’ was the fourth most patented technical field in 2017, behind only medical technology, digital communication, and computer technology.

Is this like a competition? Which field gets the most monopolies?

Compare that to India, where software patents are not allowed and pharmaceutical giants don’t get their way, either. It’s actually a pretty good system which improves access to medicine and makes India a very powerful software-developing country.

“Is this like a competition? Which field gets the most monopolies?”Ananya Bhattacharya, writing this piece earlier this week, has called such a sound policy “least friendly”; it is a gross distortion of the reality because it might as well be called “most friendly” (towards the population, not a bunch of foreign multinational giants). To quote: “India is no country for filing patents. Riddled with problems, from lack of awareness to systemic flaws, the country is one of the least friendly when it comes to intellectual property (IP) rights. In 2016, just 45,000 patents (pdf) were filed in India—China registered over 1.1 million in the same year.”

So what? China is insanely irrational when it comes to patent grants, we suppose in anticipation of sanctions/trade war. They just want to have a wall of worthless patents.

China is actually proof that overgranting leads to trolling (there’s a massive increase there in terms of patent trolls) and only a tiny fraction of these patents ever makes it into patent offices outside China (only those of decent quality would get granted).

“The EPO has become a farce under Battistelli. He is leaving in almost exactly 3 months, but he will leave in charge an old friend, who is also French and also lacks background in science.”The EPO needs to take India, not China, as an example. But Battistelli never even bothers visiting India. Instead he keeps visiting former French colonies (maybe his friend Sarko got some funds from there too?), having just named Morocco and Tunisia alongside Cambodia in this new ‘blog’ post of his. (warning: epo.org link, already promoted by the EPO’s Twitter account).

Watch Benoît Battistelli as he brags about Cambodia with zero European Patents and French colonisation roots:

When Cambodia became a validation state at the beginning of this month, it was somewhat of a watershed moment in the EPO’s history. While we have already seen the European patent become valid in North Africa, through agreements with Morocco and Tunisia, Cambodia is the very first country in Asia to become a validation country. With four validations in the last few years (Morocco, Moldova, Tunisia and Cambodia), the advantages of the EPO’s validation system are becoming more and more known. European inventors can now easily and efficiently file a European patent application that will be recognised in Cambodia. That means it will have the same legal effect as a corresponding Cambodian patent and will be subject to Cambodian patent law.

The EPO has become a farce under Battistelli. He is leaving in almost exactly 3 months, but he will leave in charge an old friend, who is also French and also lacks background in science.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  2. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  3. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  4. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  5. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  6. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  7. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  8. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  9. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  10. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  11. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  12. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  13. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  14. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  15. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  16. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  17. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  18. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  19. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  20. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  21. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  22. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  23. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  24. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  25. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  26. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  27. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  28. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  29. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  30. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...


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