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

11.01.18

António Campinos Continues to Conflate Speed With Quality

Posted in Europe, Patents at 1:51 pm by Dr. Roy Schestowitz

As if he’s in a race against the clock

No comments for EPO

Summary: The EPO is just rushing patent examiners, urging for decisions to be reached in great haste rather than properly, based on available facts, evidence, prior art

THE observation that pendency was intentionally mistaken for quality goes a long way back. Staff representatives took note of it. Nothing has actually changed since Battistelli left, neither in terms of working atmosphere nor purely technical terms.

The EPO continues to grant a lot of patents; sure, it also rejects many applications. But that says nothing about quality. What really determines quality level is the number of false-positives etc. One can wrongly reject a decent patent application and also approve a ridiculous one. If there’s not enough time and no sufficient workforce (sufficiently experienced), things will go wrong.

A few days ago we stumbled upon Korea Biomedical Review’s “exclusive” coverage about rejection of a patent by the EPO. “EPO refused to approve the other two patents,” it said, “apparently due to unmet conditions under the European patent law, officials said.” Here’s more:

The three patents of Invossa that the company sought were “gene therapy using transforming growth factor (TGF)-β,” “mixed-cell gene therapy,” and “cartilage regeneration using chondrocyte and TGF-β.”

The EuropThe three patents of Invossa that the company sought were “gene therapy using transforming growth factor (TGF)-β,” “mixed-cell gene therapy,” and “cartilage regeneration using chondrocyte and TGF-β.”

The European Patent Office (EPO) gave the nod for the patent on “mixed-cell gene therapy” last year in Europe except for six countries, 14 years after the company applied for the patent registration on March 28, 2003. However, the EPO refused to approve the other two patents, apparently due to unmet conditions under the European patent law, officials said.ean Patent Office (EPO) gave the nod for the patent on “mixed-cell gene therapy” last year in Europe except for six countries, 14 years after the company applied for the patent registration on March 28, 2003. However, the EPO refused to approve the other two patents, apparently due to unmet conditions under the European patent law, officials said.

Was the decision correct? It’s hard to tell unless one researches the case for a very long time.

A new article by Martin Chatel (Dennemeyer Group) quotes António Campinos, who just keeps misusing the word “quality” while he actively crushes patent quality at the EPO (he has opened another gate for software patents in Europe, as noted in the previous post). To quote Chatel:

“We cannot (…) live in isolation, but instead form part of a rich IP ecosystem, with many different actors…”. Back in July this year, the President of the European Patent Office (EPO), António Campinos, stressed the importance of intensifying co-operation between patent offices. The overall aim is to increase the efficiency of the filing and examination process for patents worldwide, and better meet user expectations in terms of quality,

When he says “efficiency” (above) he speaks of his measure of quality. It’s not actually quality but arguably the exact opposite of that. The term "efficiency" can be interpreted as financial efficiency when it comes to Campinos.

An article by Chatel’s colleague, Anthony Carlick (Dennemeyer Group), speaks of lowing patent quality by means of so-called ‘efficiency’. “EPO oppositions tend to be costly and time consuming,” it says. “Currently, the EPO is aiming to reduce the average processing time of standard oppositions from two years…”

Why? What’s the rush? Is it more important to grant than to get things right (correct decisions)?

About 4% of European patents are opposed and, although the percentage has been declining, the annual number of oppositions filed at the European Patent Office (EPO) seems relatively consistent at around 3,000 to 4,000, since total granted patents are rising. In 2017, 3.7% of granted European patents were opposed, and the EPO issued 4,070 opposition decisions, of which 73% were upheld in amended form or as granted. However, EPO oppositions tend to be costly and time consuming. Currently, the EPO is aiming to reduce the average processing time of standard oppositions from two years, in 2016, to 15 months by 2020, but the timescales, uncertainty and cost may be a deterrent to filing an opposition at the EPO, especially for smaller or medium sized entities.

Exactly. We wrote about this many times before. Additionally, Battistelli has already fired warning shots at those handling appeals and oppositions, never mind fee hikes, time limitations and so on. The EPO used to take pride in high standards of examination; we don’t fault examiners for the change as it’s the management that wilfully put an end to patent quality. The motivations seem unclear unless the hidden agenda was to spur a lot more litigation — even abundantly absurd cases/allegations — to fatten the pockets of litigation firms.

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. The UPC is Dead. But Bristows is Now Fully Engaged in Necrophilia.

    In an effort to float a dead project the deceiving folks from Team UPC pretend that everything is ready to go (commence) because they've managed to find some gowns and robes



  2. Links 19/1/2019: Wikipedia Cofounder Moves to GNU/Linux, Wine 4.0 RC7 Released, Godot 3.1 Beta 2, NomadBSD 1.2 RC1

    Links for the day



  3. Links 18/1/2019: Mesa 18.3.2, Rust 1.32.0

    Links for the day



  4. Links 17/1/2019: ZFS Debate Returns, AWS Pains Free Software

    Links for the day



  5. US Patent Lawyers Will Need to Change Profession or End up Becoming Abundantly Redundant, Unemployed

    In the age of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and 35 U.S.C. § 101 it’s too risky to sue with dodgy patents; moreover, the Federal Circuit‘s growing adoption of Alice means that no recent cases have given hope to patent maximalists and litigation frequency has fallen again (at double-digit rates)



  6. Links 16/1/2019: Deepin 15.9 Released and Mozilla Fenix

    Links for the day



  7. Brexit Has Failed, But So Has the Unitary Patent (UPC)

    Even though all signs indicate that the Unified Patent Court (UPC) will never become a reality spin is to be expected from Team UPC, still looking to profit from more litigation and expanded scope



  8. IBM, Which Will Soon be Buying Red Hat, is Promoting Software Patents in Europe

    Even days apart/within confirmation of IBM's takeover of Red Hat IBM makes it clear that it's very strongly in favour of software patents, not only in the US but also in Europe



  9. Team UPC on Dead UPC: Choosing Gowns for Corpses

    The campaign of lies, long waged by Team UPC in order to manipulate politicians and courts, hasn’t stopped even in 2019 (IAM threw in the towel, but some of Team UPC is still ‘embalming’ UPCA)



  10. Links 15/1/2019: MX Linux MX-18 Continuum Reviewed, Mageia 7 Artwork Voting

    Links for the day



  11. Council of Europe (CoE) Recognises There's No Justice at the EPO

    It’s now the Council of Europe‘s turn to speak out about the grave state of international organisations that exist in Europe but aren’t subjected to European law (which they routinely violate with impunity)



  12. Dominion Harbor -- Armed by Microsoft's Biggest Patent Troll -- Goes After the World's Biggest Android OEMs, Huawei and Samsung

    Dominion Harbor, the patent troll that gets bucketloads of patents from Intellectual Ventures (a patent troll strongly connected to Microsoft and Bill Gates), is still suing using shell entities



  13. Links 14/1/2019: Linux 5.0 RC2 and DXVK 0.95 Released

    Links for the day



  14. Only the Higher Courts -- Not Trump's 'Poster Child' -- Can Bring Back Software Patents

    Software patents are not making a "comeback" as some like to claim; in fact, the latest court cases and notably their outcomes suggest that nothing has changed



  15. “Uniloc is a Lawsuit Factory”

    Apple is a very secretive company, so it is hard to know what goes on with the patent troll Uniloc



  16. European Patent Office a Textbook Example of Lawless, Rogue Institutions

    The tyrannical nature of the EPO is still being demonstrated by the sad fate of Patrick Corcoran; technical judges at the EPO are feeling intimidated by nontechnical politicians and bankers



  17. No, Software Patents Are Not Poised to Make a Comeback Under New US Patent Office Rules

    Poor understanding of the difference between patent courts and patent offices is to blame for widely-spread misinformation from Ars Technica (part of Condé Nast)



  18. IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

    The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)



  19. Linspire 'Reborn' is Still Working for Microsoft and Facilitating Surveillance on GNU/Linux Users

    GNU/Linux spyware scandals may be back (and it's not about Canonical and Amazon but Linspire and Microsoft); Microsoft is meanwhile exposing innocent kids to pedophiles and it refuses to explain or defend this



  20. Links 12/1/2019: Wine 4.0 RC6, X-Plane 11.30, SuperTuxKart 0.10 Beta, LibreOffice 6.2 RC2

    Links for the day



  21. The EPO's Low Patent Quality Can Kill the European Software Industry and Kill People Too

    The patents granted by the EPO are often invalid as per courts' decisions, which means that fake/illegitimate European Patents saturate the market and discourage development (e.g. of software and life-saving drugs)



  22. The Fiction That Spain (or Italy) Can Salvage the UPC

    The proponents/lobbyists of the Unified Patent Court (UPC), firms that make money from patent litigation (we collectively call these "Team UPC"), are nowadays backpedaling, having come to grips with the death of the UPC, realising it's time to save face by pretending everything they said in the past wasn't a lie



  23. Links 11/1/2019: IBM-Red Hat Obstacle Cleared, Toyota Chooses Linux

    Links for the day



  24. EPO President “Campinos is Wasting His Credibility With “Sweet” Communiqués Full of Hot Air and Storytelling”

    EPO insiders insist if not demand that all those responsible for the corruption and the abuses be removed; Campinos has done the opposite by promoting those who caused harm and turning his overseer into his subordinate



  25. The Emptiness of the Linux Foundation's Commitment to Linux and Its True Openness... to Corporate Cash (in Exchange for Influence)

    Like Pence and Moreno, who exchange a political refugee for loans, the Linux Foundation abandons its commitment to GNU/Linux in exchange for maximisation of financial contributions



  26. Links 10/1/2019: Linux 4.20.1, GNOME 3.31.4 Released

    Links for the day



  27. Links 9/1/2019: Qubes OS 4.0.1, Bash 5.0

    Links for the day



  28. European Patent Office Saga in 2019: “95% of the People Responsible for the Misery Are Still in Place and Have Not Even Been Rebuked”

    No signs of reformation at Europe's second-largest institution, which still suffers from justice deficit and blatant corruption



  29. Links 8/1/2019: Godot 3.1 Reaches Beta, Tidelift Gets Money

    Links for the day



  30. EPO Corruption is Helping Patent Maximalists in the United States

    The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing


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