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

11.13.18

The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

Posted in America, Deception, Europe, Patents at 9:29 am by Dr. Roy Schestowitz

A working coup: The EPO’s Working Party on Quality is Battistelli’s Own Ministry of Truth

Short: EPO’s “Working Party for Quality” is to Quality What the “Democratic People’s Republic of Korea” is to Democracy

Ministries of Nineteen Eighty-Four
Reference: Ministries of Nineteen Eighty-Four

Summary: The whole “patent quality” propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator

AS we noted in our previous post, the European Patent Office (EPO) keeps promoting software patents in Europe (even in those words, not “CII”); the U.S. Patent and Trademark Office (USPTO) is meanwhile moving in the exact opposite direction (in practice at least). It has gotten a lot harder to receive US software patents and then successfully enforce these.

“It has gotten a lot harder to receive US software patents and then successfully enforce these.”Janal Kalis wrote: “The USPTO Reported 28 New PTAB Decisions Regarding 101 Eligibility. All of the Decisions Affirmed the Examiners’ Rejections.”

Kalis alludes to the Patent Trial and Appeal Board (PTAB) and to 35 U.S.C. § 101, which helps eliminate most if not all software patents in the US. Programmers in the US are happy and programmers in Europe should be paying closer attention to what the EPO is up to; “Ideas are cheap,” as one European opponent of software patents put it yesterday, “execution difficult” (patents don’t cover execution/implementation but mere concepts, unlike copyrights).

“Kalis alludes to the Patent Trial and Appeal Board (PTAB) and to 35 U.S.C. § 101, which helps eliminate most if not all software patents in the US.”Kevin Noonan (Patent Docs) has just taken note of the Arista Networks, Inc. v Cisco Systems, Inc. inter partes review (IPR), which was escalated upon appeal to the Federal Circuit while the ITC totally ignored — quite infamously in fact — PTAB’s ruling. The case has since then been settled at huge expense to Arista Networks and here’s what the highest court bar SCOTUS (this might reach SCOTUS next) had to say last week:

On Friday, the Federal Circuit handed down its decision in Arista Networks, Inc. v. Cisco Systems, Inc., deciding that the Board had erred in certain of its determinations regarding Arista’s inter partes review challenge to certain claims of Cisco’s U.S. Patent No. 7,340,597 (for reasons discussed briefly below). More importantly, the Court affirmed the Patent Trial and Appeal Board’s decision that the doctrine of assignor estoppel does not preclude institution of any of the various post-grant challenges to granted patents contained in the patent law revisions enacted under the Leahy-Smith America Invents Act (35 U.S.C. §§ 311-319, §§ 321-329, and 125 Stat. 329-31 (2011)).

[...]

While this interpretation of the statute is consistent with (and supported by ample citation to) Supreme Court precedent and proclivities, the Court’s penchant for weighing in on statutory interpretation questions involving the AIA make it certainly possible that this decision might also come under Supreme Court review. It is less likely that the Court would disagree with the Federal Circuit’s decision here but may be tempted to put its imprimatur on this aspect of the proper statutory interpretation of the AIA.

This isn’t quite over yet; what’s at stake here are IPRs. Some time tomorrow, according to Patent Docs, there will be a so-called AIA Trials Seminar (stacked by the patent maximalists, as usual). To quote: “The Intellectual Property Law Association of Chicago (IPLAC) AIA Trials Committee and John Marshall Law School will be offering an “AIA Trials Seminar” on November 14, 2018 from 1:00 pm to 5:00 pm (CT) at the John Marshall Law School in Chicago, IL.”

Another event for lawyers, by lawyers?

Patent Docs keeps advertising all these conferences/webinars/seminars of the patent microcosm, including this one which takes place later today. To quote: “The U.S. Patent and Trademark Office will be offering the next webinar in its Patent Quality Chat webinar series from 12:00 to 1:00 pm (ET) on November 13, 2018″ (that’s a few hours from now).

“Thankfully, EPO insiders openly talk about the quality issues, which António Campinos persistently denies along with his ‘boss’ (Ernst) who will soon become his ‘assistant’.”They call it “USPTO Patent Quality Chat Webinar Series” because the USPTO — like the corrupt EPO — only needs to pretend to care about patent quality by spamming/googlebombing these words (“Patent Quality”). It’s not difficult to see that all they really care about is money, i.e. patent maximalism. Quality is an obstacle to them.

Thankfully, EPO insiders openly talk about the quality issues, which António Campinos persistently denies along with his ‘boss’ (Ernst) who will soon become his 'assistant'. If Campinos so stubbornly denies that there’s no issue, then why does he, according to this morning’s article, meet those who express such concerns? It’s an anonymous article, whose latter part (towards the end of the article) deals with attacks on judges and staff representatives, i.e. those who are concerned (internally) about patent quality among other things. Sooner or later, perhaps inevitably, both insiders and outsiders, or workers and stakeholders, will learn that Campinos is just a pretender, a banker. He promises the moon, but he gives Hell. He sends misleading messages to staff whom he gags (as usual) and here’s the latest ‘smooth’ move from Campinos the pretender:

The European Patent Office and representatives of 14 German law firms who had expressed concerns about EPO patent quality earlier this year in a letter, have started a “constructive dialogue”.

The representatives had a meeting with the new President of the European Patent Office, António Campinos, and other EPO officials, on 16 October 2018 in Munich. According to a press release issued last week by the law firms, “the officials of the European Patent Office listened to the experiences, opinions and fears of patent attorneys and lawyers and expressed their willingness to talk. There is agreement that the EPO has delivered very high quality internationally in the past and that it is up to all stakeholders to preserve it. At the end of the meeting, the European Patent Office promised to continue the constructive dialogue that has now begun. It will be about the definition of quality criteria, as well as the possibilities to investigate criticism and to remove causes of criticism.”

[...]

I [sic] an email last month to EPO staff, Campions wrote he told the ILO that the EPO’s internal procedures for conflict resolution have since been improved: “I have recently signed and implemented a Memorandum of Understanding with the Chair of the Appeals Committee. That is partly a result of your direct input in recent one-to-one meetings with staff. Many of you spoke positively in our meetings about the increased independence and impartiality of the Appeals Committee, and, as a result, greater faith in the system. This MoU has therefore now formally safeguarded that independence and impartiality. Importantly, it also recognises the need to allocate adequate resources to ensure proper functioning of the Appeals Committee and its Secretariat. The second point that I discussed with ILO leaders is the recent increased effort in social dialogue and I hope many of you will agree this is developing positively (…).” In his mail, Campinos encourages EPO staff members with pending cases before the ILOAT “to consider reaching an amicable settlement with the Office”.

In the meantime, there has been some action in the case of Patrick Corcoran, according to various sources. The Irish judge was thrown out of the EPO building in Munich late 2014 on suspicion of having distributed defamatory material about the EPO upper management. After various illegal and fruitless attempts of former president Battistelli to have him fired, he was acquitted last year by the ILOAT and the Landgericht München, but was subsequently told that his future at the EPO would no longer be in Munich as an appeal board member, but in The Hague as an examiner (see also this blogpost). Apparently, the prospect of a forced transfer was the last straw after years of hardship: Corcoran fell gravely ill. The sources told Kluwer IP Law that his transfer has now been reversed or put on hold.

It remains to be seen if an “amicable settlement” is possible for some former SUEPO leaders. The case of Laurent Prunier, for instance, has been brought to Campinos’ attention several times, but is still pending before the ILOAT. Another former SUEPO leader, Elizabeth Hardon, has been waiting for months now for an EPO reaction in her unfinished ILOAT case.

The above speaks of “quality criteria” for patents; it does not, however, specify what will be done about many thousands (perhaps hundreds of thousands) of low-quality patents that should never have become European Patents.

“Now that the EPO is run by a former banker, don’t expect anything to change.”The above also notes a “constructive dialogue” as if dialogue is what’s needed to solve a long-term problem. In the meantime staff continues to grant low-quality patents just to survive at this employer.

Neither office (neither US nor Europe) cares about quality; as a year-old paper explains, it's all about money. Now that the EPO is run by a former banker, don’t expect anything to change. He is just trying to maintain the illusion/impression that he cares about quality, just as he met staff representatives merely to spread lies about truce and reconciliation.

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 16/2/2019: Ubuntu 18.04.2 LTS, PyCharm 2019.1 EAP 4

    Links for the day



  2. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  3. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  4. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  5. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  6. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  7. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  8. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day



  9. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  10. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin



  11. Links 13/2/2019: Plasma 5.15.0 and a Look at Linux Mint Debian Edition Cindy

    Links for the day



  12. Battistelli's Bodyguard, Part II: Fishing Expedition for Sources in the Alexandre Benalla 'Underworld' Scandal

    An utter lack of respect for the privacy of the media and of its sources, in the name of protecting the privacy of those convicted of crimes, as seen in France just like the European Patent Office



  13. Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

    Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)



  14. Battistelli's Bodyguard, Part I: Destruction of Evidence by Alexandre Benalla

    The Alexandre Benalla scandal carries on, deepening even further than before and causing raids of the media; will the EPO be implicated and held accountable too?



  15. Links 12/2/2019: PyPy 7.0.0, HHVM 4.0.0 and CVE-2019-5736

    Links for the day



  16. USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

    The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law



  17. Gross Violations of the EPC at the European Patent Office as Principal Priority Turns Against Science and Technology

    What good is the law if violation of the European Patent Convention (EPC) is so routine at today’s European Patent Office (EPO), which exploits its immunity to operate outside the rule of law and pursue nothing but cash (selling patents/monopolies that are invalid in courts)?



  18. European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

    In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around



  19. Microsoft's Patent Trolls Are Still Suing Microsoft's Rivals to Help Sell Microsoft

    The ‘new’ Microsoft boils down to the patent equivalent of the copyright case of SCO (funded by Microsoft)



  20. The American Software Patents Lobby Has Died

    Voices of US law firms (i.e. patent maximalists) have become quieter and rarer; applications for US patents have decreased in number, patent litigation numbers have collapsed entirely, and patent maximalists have moved on



  21. Links 10/2/2019: Linux 5.0 RC6, Project Trident 18.12 Reviewed

    Links for the day



  22. Corrupt Battistelli Paid a Fortune (EPO Budget) for Outlaw/Rogue 'Bodyguards' From Firm Linked to Russian Oligarch Iskander Makhmudov

    Mediapart continues to shed more light on the shady firm behind Alexandre Benalla, whom Battistelli hired to break the law and secretly bring firearms to the EPO



  23. Which Microsoft?

    The inconsistencies between public statements of Microsoft and private discussions/actions



  24. António Campinos Will Never Hold Battistelli Accountable for His Crimes Because He Too Profits From These

    The EPO isn't just Europe's second-largest institution but also quite possibly Europe's largest criminal enterprise, whose ringleaders have enjoyed and exploited diplomatic immunity to escape prosecution



  25. 25,000 Blog Posts and Record Traffic

    At a pace of nearly 2,000 posts per year (since 2006) we continue to grow and can use readers' help



  26. Jim Zemlin's PAC Keeps Raising Money From Microsoft

    The Open Source Definition's author as well as various Free/Open Source software (FOSS) luminaries warn of an attack on FOSS ("efforts to undermine the integrity of open source”); it's not too hard to see who participates in it or enables such attacks



  27. Links 9/2/2019: Linux 4.4.174 and GTK+ No More (Now Just GTK)

    Links for the day



  28. Number of Patent Applications, Not Just Number of Patent Grants, Continues to Slide in the United States

    The attractiveness of US patents appears to have eroded, seeing that many US patents are simply not enforceable in courts



  29. EPO President Campinos Works With Patent Trolls and With Team UPC to Promote Software Patents

    The EPO has taken another tumble by collaborating with '4iP Council', a patent extremists' lobby; it is moreover becoming apparent that a lot of European Patents are bogus (not valid) and the management of the EPO is eager to grant yet more of these



  30. Links 8/2/2019: Things to Look For on Linux in 2019, Fedora Logo Redesign

    Links for the day


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