07.12.18

Gemini version available ♊︎

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 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. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  2. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  3. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all stlll the same



  4. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  5. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  6. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  7. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  8. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  9. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  10. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  11. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  12. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  13. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  14. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  15. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  16. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  17. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  18. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  19. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  20. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  21. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  22. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  23. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  24. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  25. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  26. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  27. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  28. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  29. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  30. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing


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