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

05.24.18

New EPO Caricature: The Rubber Stamp

Posted in Europe, Patents at 10:05 pm by Dr. Roy Schestowitz

Related: Leaked E-mails From the EPO’s Roberto Vacca Reveal That Patent Quality at the European Patent Office Has Become Farcical

EPO Rubber Stamp

Summary: Cartoon which circulates in EPO ‘circles’, encapsulating the concern many people have about the quality of granted patents and unrealistic expectations from the management

Battistelli crushed the EPO and ended patent quality while appeals are being made even harder. See yesterday’s “Comments To The Revision Of The Rules Of Procedure Of The Boards Of Appeal Of The EPO,” an article by Johannes Lang (Bardehle Pagenberg). To quote:

Although the proposed revision aims at improving “the efficiency and predictability of appeal proceedings before the Boards of Appeal of the EPO”, it appears doubtful whether these objectives will be achieved. The result may well be overloading first instance proceedings as well as subsequent appeal proceedings by precautionary submissions, and merely shifting the dispute in appeal proceedings from substantive to formal procedural matters without any efficiency gains. Furthermore, the revision runs the risk of losing sight of a reasonable trade-off between predictability and flexibility required in patent granting proceedings.

[...]

Hence, all in all, the new Rules significantly limit the possibilities for amendments already at the beginning of the appeal proceedings, reduce them even more after the initial stage, in particular by requiring prima facie-allowability, and remove them completely after the period set in a communication has expired or the summons to oral proceedings has been notified. Any desirable flexibility of the procedure is now transferred to, and limited by, the Board’s discretion which, however, is to be exercised under strict criteria, notably procedural economy. As a general result, the battleground in appeal proceedings will be shifted even more from a discussion of the merits of a case to formal issues. As has already been pointed out above, we believe that this does not necessarily improve the efficiency of the proceedings. Moreover, it appears that a vital amount of flexibility has been sacrificed in the name of predictability.

What’s worth noting is that even stakeholders like law firms (which typically — at least in the short term — benefit financially from patent maximalism) do generally recognise these issues, not just patent examiners and applicants. Patents that cannot withstand a court’s scrutiny (see US trends over the past couple of years) drain even plaintiffs — not just defendants — financially. Sooner or later applicants lose interest in patents, causing systemic collapse.

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. Tell Lawyers That 'Privilege' Without Encryption is Just a Mirage

    The sad truth that law firms claim to respect privacy and security; they do in principle, whereas in practice they respect neither



  2. Links 25/8/2019: Happy Birthday to Linux, Enlightenment DR 0.23.0 Release

    Links for the day



  3. Openwashing Report: It's Not Just Microsoft, But Microsoft is by Far the Biggest Facilitator of That

    A weekly roundup looking back at distortion if not intentional misuse of the term "Open Source"; Microsoft is still working hard and spending a lot of money to control the narrative (e.g. to limit "Open Source" to what's on its proprietary platform, GitHub)



  4. Patent Maximalists Refuse to Accept That Their War on Patent Quality Also Dooms a Pan-European Patent Court System

    The EPO‘s embrace of patent maximalists’ agenda, which necessarily means significant decreases in patent quality (and deviation/departure from the EPC), dooms patent certainty; it also, however, dooms the Unitary Patent (UPC) because an extension of this rogue regime to the court system won’t be tolerated



  5. Links 24/8/2019: Wayland’s Weston 7.0 and More

    Links for the day



  6. Outsourcing to Microsoft and Openwashing as a Service (OaaS): This is the Linux Foundation in 2019

    The concept of "Open" at the Linux Foundation gives room for thought; are things really being opened or mostly marketed as "Open" and, if so, is the Foundation more like a marketing agency?



  7. Links 23/8/2019: Wine 4.0.2 Released, Removing Qt 4 From Ubuntu

    Links for the day



  8. Links 22/8/2019: KDE ISO Image Writer, GNU Parallel ‘Jesper Svarre’

    Links for the day



  9. Guarding and Rescuing the FSF Titanic: A Free (as in Freedom) Library, and Federation of Advocates

    "This library is not just for cultural works, but also for software."



  10. Linux Foundation's Linux.com in 2019: Zero Articles (Nothing Original) and a Terrible, Rookie New Design

    Linux.com has become a curated syndicator of news (edited by one single Microsoft proponent); the site has also eliminated its traditional design in favour of something only 'hipsters' can appreciate



  11. Managing IP as Team UPC's Megaphone and Lobbying Front

    Managing IP is lying on behalf of Team UPC yet again; the site's long history promoting the UPC hasn't ended even when prospects of the UPC are slim to none



  12. No More Rights for EPO Staff?

    The oppression and the crackdown on labour rights in Europe's second-largest institution has deepened to the point where staff is paid as little as is legally possible



  13. Links 22/8/2019: GNOME 3.33.91, Systemd 243 RC2, Cockpit 201, Ubuntu Touch OTA-10, FreeIPMI 1.6.4

    Links for the day



  14. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  15. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  16. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  17. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  18. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  19. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  20. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  21. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  22. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  23. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  24. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  25. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  26. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  27. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  28. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  29. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  30. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day


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