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

07.12.18

It’s Not About EPO ‘Backlog’ But About Faking ‘Production’ by Lowering Standards

Posted in Europe, Patents at 11:53 pm by Dr. Roy Schestowitz

Patent office converted into a 'cash cow' (based on selling ‘fakes’)

Faking it

Summary: Remarks on the EPO dropping all pretenses of genuine care for patent quality; it’s all about speed now, never mind if wrongly-granted patents can cause billions in damages across Europe (a lot of that money flows towards patent law firms)

“Backlog” (or pendency) was never a huge issue. Not to stakeholders of the EPO (same for USPTO stakeholders). It’s more of an issue somewhere like Brazil (and other B.R.I.C.S. nations), but that’s different. They don’t always wish to rush the process, e.g. with PPH, especially if speed may compromise the potency of said patents (or mere applications if declined). Litigation can be very expensive and earlier this week we shared a new example — a case wherein frivolous litigation cost dearly (to the plaintiff, having to bear the defendant’s costs, too).

“They don’t always wish to rush the process, e.g. with PPH, especially if speed may compromise the potency of said patents (or mere applications if declined).”We’re not against patents. We’re not against patent litigation. We’re against frivolous litigation, based on bogus patents that should never have been granted. Those are a huge disservice to the notion of justice.

Not too long ago Marks & Clerk’s Jennifer Bailey and Stephen Blake published this article which says: “In recent months there has been a noticeable increase in the speed of examination at the EPO, with summons to oral proceedings being issued earlier in the procedure. Since applicants are having fewer opportunities to try out different arguments and amendments, it seems likely that this change in practice will lead to an increase in the number of examination appeals. On the other hand, Examiners are also engaging more readily with representatives to try to resolve any issues which are preventing applications from proceeding to allowance. While this approach will be welcomed by patentees, a faster examination procedure may lead to an increase in the rate of oppositions being filed and, as a consequence, a further increase in the rate of appeals. Thus the procedure upstream has begun to accelerate before the downstream process has even started to implement its new efficiency measures. Even if the Boards are able to increase efficiency by the planned 32%, they will still be fighting an increasing tide of new filings.”

“We’re not against patents. We’re not against patent litigation. We’re against frivolous litigation, based on bogus patents that should never have been granted.”What a mess!

But being Marks & Clerk (a Battistelli-friendly law firm; they’re OK with EPO corruption as long as patent maximalism and UPC agenda get served), they then parrot Battistelli’s talking points in Intellectual Property Magazine (words like “efficiency”).

This was published again yesterday, without the paywall, under an identical headline (not always the case). Here’s how they summarise all this: “The news of increased efficiency and, in theory, greater certainty for applicants and opponents in appeal proceedings should be welcomed. However, the apparent increase in the speed of prosecution seems likely to hamper the Boards’ efforts to reduce the backlog of cases, and may even add to it.”

“…for now we’re aware of a longterm (2-year) hiring freeze and potential layoffs on the way.”Notice the use of words like “certainty”, which serve to excuse the very opposite. They redefine that word (to mean something like certainty of being granted a patent, not winning a court battle), just like “quality” nowadays means speed.

Those are Battistelli’s words (or lies). There’s less certainty and patents which get granted are more likely to be rejected in court/rendered invalid. Many are already questionable.

António Campinos has already spoken about these issues using similar words (about a week ago). He doesn’t indicate that quality of patents will improve. Time will tell what he will achieve, but for now we’re aware of a longterm (2-year) hiring freeze and potential layoffs on the way.

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. Free as in Free Speech (Restrictions May Apply)

    When limits of speech are not safety-related rules but political correctness or conformism



  2. There Won't be Patent Justice Until Patent Trolling Becomes Completely and Totally Extinct

    SLAPP-like behaviour and extortion/blackmail tactics using patent monopolies are a stain on the patent system; it's time to adopt measures to stop these things once and for all, bearing in mind they're inherently antithetical to the goal/s of the patent system and therefore discourage public support for this whole system



  3. EPO Staff Union and Staff Representatives Ought to Demand EPO Stops Bullying Publishers and Censoring Their Sites

    An often neglected if not forgotten aspect of EPO tyranny is the war on information itself; EPO management continues to show hostility towards journalism and disdain for true information



  4. Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

    It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)



  5. The Free Software Foundation (FSF) Lost Almost Half (3 Out of 8) Board Members in Only One Month

    As the old saying goes, a picture (or screenshot) is worth a thousand words



  6. IRC Proceedings: Wednesday, October 16, 2019

    IRC logs for Wednesday, October 16, 2019



  7. Startpage and System1 Abuse Your Privacy Under the Guise of 'Privacy One Group'

    Startpage has sold out and may have also sold data it retained about its users to a privacy-hostile company whose entire business model is surveillance



  8. Links 16/10/2019: Halo Privacy, Ubuntu Release Imminent

    Links for the day



  9. IRC Proceedings: Tuesday, October 15, 2019

    IRC logs for Tuesday, October 15, 2019



  10. No, Microsoft is Not an 'Open Source Company' But a Lying Company

    The world’s biggest proprietary software companies want to be seen as “open”; what else is new?



  11. Meme: Setting the Record Straight

    Stallman never defended Epstein. He had called him “Serial Rapist”. It’s Bill Gates who defended Epstein and possibly participated in the same acts.



  12. EPO Staff Resolution Against Neoliberal Policies of António Campinos

    “After Campinos announced 17 financial measures,” a source told us, “staff gathered at multiple sites last week for general assemblies. The meeting halls were crowded. The resolution was passed unanimously and without abstentions.”



  13. Satya Nadella is a Distraction From Microsoft's Real Leadership and Abuses

    "I’m merely wondering if his image and accolades that we’re incessantly bombarded with by the press actually reflect his accomplishments or if they’re being aggrandized."



  14. Raw: EPO Comes Under Fire for Lowering Patent Quality Under the Orwellian Guise of “Collaborative Quality Improvements” (CQI)

    Stephen Rowan, the President’s (António Campinos) chosen VP who promotes the notorious “Collaborative Quality Improvements” (CQI) initiative/pilot, faces heat from the CSC, the Central Staff Committee of the EPO



  15. Making The Most of The Fourth Age of Free Software

    "For better or for worse, we can be certain the Free Software Foundation will never be the same."



  16. FSF is Not for Free Speech Anymore

    The FSF gave orders to silence people



  17. Links 16/10/2019: Plasma 5.17.0, Project Trident Moves to GNU/Linux, NuTyX 11.2

    Links for the day



  18. ...So This GNU/Linux User Goes to a Pub With Swapnil and Jim

    It's hard to promote GNU/Linux when you don't even use it



  19. How to THRIVE, in Uncertain Times for Free Software

    "The guidelines are barely about conduct anyway, they are more about process guidelines for "what to do with your autonomy" in the context of a larger group where participation is completely voluntary and each individual consents to participate."



  20. When They Run Out of Things to Patent They'll Patent Nature Itself...

    The absolutely ridiculous patent bar (ridiculously low) at today’s EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year



  21. EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

    Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices



  22. Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

    Team UPC (“empire of lies”) is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything



  23. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  24. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  25. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  26. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  27. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  28. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  29. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  30. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists


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