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

04.07.18

Patent Maximalists Against Patent Quality and Against the Boards of Appeal of the European Patent Organisation (EPO)

Posted in Europe, Patents at 2:44 am by Dr. Roy Schestowitz

Campinos at JUVE
Credit/source: JUVE’s latest edition

Summary: The EPO under Campinos and Battistelli (who chose Campinos to succeed him) lacks prospects of patent quality; these two Frenchmen lack scientific background and are notorious for their patent maximalism, which 4 years ago culminated in a war on patent judges that were 'too' judgmental of software patents (whether that was the real motivation or not)

THE management of the European Patent Office (EPO) is out of control, but that does not necessarily mean that patent law firms are suffering. In fact, these firms typically profit from chaos. Shiri Burema and Rene van Duijvenbode have just published another sponsored ‘article’ in IAM. As is widely known, patent lawyers look at patent oppositions merely as another ‘business’ opportunity, not an important battle over dodgy, questionable patents. So to them, the more bogus patents (and the more oppositions), the greater profit they’ll net (at the expense of companies that actually make stuff). Burema and her colleague said:

In 2016, oppositions continued to occur mostly at the EPO’s Munich branch, although The Hague’s EPO branch is growing more popular. The top 10 private patent firms involved in 2016 oppositions was dominated by German and UK firms. The first non-German, non-UK firm on the list for 2016 was Netherlands-based NLO, ranked 14th overall.

They use words like “more popular” (referring to correction of wrong grants) and they sort of count what they enumerate as a kind of ‘product’. That’s rather gross/crude an analogy, but when one works for the patent ‘industry’ and refers to patents as “assets” rather than monopolies, this might as well make perfect sense.

Looking at another patent law firm, Douglas Rankin from Marks & Clerk’s Aberdeen office has just published this self-promotional ‘article’ that says the “latest data released by the European Patent Office [...] Software patents, for instance, may be aimed at the sector, but not specifically categorised as such.”

They just use terms like “ICT”, “CII” and more recently “4IR”. Here’s the whole paragraph in question:

The latest data released by the European Patent Office reveals that patent application filings in the ‘Electrical machinery, apparatus, energy’ category grew to 10,402 in 2017, up from 10,002 in the previous year. On top of this data, there will be other oil and gas-related patents that are not formally categorised in the sector because of their digital nature. Software patents, for instance, may be aimed at the sector, but not specifically categorised as such.

Not too long ago Marks & Clerk said publicly that it’s now easier to pursue software patents at the EPO than at the USPTO. That’s how bad things have gotten. The US has become stricter on software patents than Europe!

It should also be noted, in light of news from yesterday, that in the United States the EPA has the same problem Europe has with EPO (also called “EPA” in some countries). The boss wastes a lot of money pretending he’s king, acts abusively, denies facts, then resorts to getting rid of anyone who questions him. It’s not just the same acronym, EPA, but also similar tactics. The acronym “EPO” is also associated with athletes who cheat, but that’s another matter altogether.

“The boss wastes a lot of money pretending he’s king, acts abusively, denies facts, then resorts to getting rid of anyone who questions him”Moving on to yet another patent law firm, while EPO management is attacking the Boards of Appeal to ensure patent quality/scrutiny is removed Shrey Pathak and Hazel Ford from Finnegan, Henderson, Farabow, Garrett & Dunner LLP help perpetuate the false narrative that EPO cares about the Boards. The EPO posts this every couple of days (EPO’s tweets have become incredibly repetitive and barely original/informative lately) and now Finnegan joins in the ‘fun’:

As part of measures to improve efficiency and predictability of proceedings before the Boards of Appeal of the European Patent Office (EPO), the EPO has launched a consultation to revise the Boards’ Rules of Procedure.

There’s that sound bite again: “improve efficiency” (by which they typically mean making staff redundant).

“Mind the sorts of metrics they use; it’s grotesque. The patent maximalists are trying to take over everything.”The Boards of Appeal are still grossly understaffed. This means that the patent maximalism cult of Battistelli can carry on interrupted. Battistelli is pressuring EPO examiners/examining units to work faster even if that means sloppy prior art search and cutting corners. Anticipat has been naming individual examiners and ‘scoring’ them, too. Now, courtesy of Prof. Sean Tu (WVU) with Chris Holt (VP at LexisNexis IP), we see more of the same:

This study focuses on overall patent office trends as well as trends at the technology center and workgroup levels. PatentAdvisor’s “Examiner Time Allocation” metric can also be used to forecast the time and expense required to obtain a patent and is based on each specific examiner’s body of work.

Mind the sorts of metrics they use; it’s grotesque. The patent maximalists are trying to take over everything.

Over in Munich, where the EPO is based, IAM will soon have an event that promotes patent maximalism (taking place in Munich on the 18th of May) and yesterday it did this piece piece for Volvo’s Ray Millien, who is a speaker at this event (Auto IP Europe). To quote:

Of all the industries to have re-shaped the way they approach IP in recent years, arguably none has gone through as fundamental a change as the auto sector.

Many of the leading manufacturers, such as Ford and Toyota, have become far more sophisticated IP players, building portfolios to rival all but the largest tech giants in size terms. Others may be coming later to the party, but there are few car manufacturers that aren’t actively considering how the forces of convergence and profound technological change in areas like autonomous driving will impact them from an IP standpoint.

Like we said here many times before (and will show again later this weekend), “autonomous driving” typically boils down to software patents — something that IAM is an ardent supporter of.

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 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  2. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  3. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  4. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  5. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  6. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  7. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  8. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  9. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  10. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  11. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  12. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  13. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  14. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  15. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  16. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  17. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  18. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  19. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  20. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  21. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  22. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  23. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  24. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  25. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  26. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  27. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  28. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  29. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  30. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)


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