Bonum Certa Men Certa

The EPO's “Collaborative Quality Improvements” (CQI), Formerly Known as “Team Collaboration Project,” Shows the EPO Grossly Violating the Law, Granting Patents in Clear Violation of the EPC

In April: The Staff Union of the European Patent Office (SUEPO) Warns About the Granting of Tens of Thousands of Invalid European Patents Every Year

A horse race



Summary: "The European Patent Office helps your company to invent," joke EPO insiders in relation to the dubious CQI programme; "We informed some of the major European patent applicants about a new project," they said, "which is a diversionary tactic of the EPO management and now possibly a hobby horse of President António Campinos."

Seeing how Battistelli 'normalised' Brimelow's software patents "as such" (the predecessor's mistake, which we criticised the most), and seeing how his successor calls everything "hey hi" (AI) or similar buzzwords, we were curious to see how such patent applications would be handled by examiners. Some told us that they loathed granting such patents but were under enormous pressure to allow them. We published several articles to that effect. What would happen if the applicants participated in examination? Or contrariwise, if examiners took the applicants' side and helped them 'trick' the system (or violate the EPC)? One begins to wonder if the EPO is even a patent office any longer...

"Did you know? The European Patent Office helps companies to invent," said examiners at the EPO, who circulated the following text among EPO stakeholders. We reproduce the text below.

The European Patent Office helps your company to invent



24.06.2019

Dear Sirs,

Is your company's business model based on innovation but your employees (unfortunately) don't have any inventive skills? Don't worry. The European Patent Office (EPO) will help you out.

The latest creative “business idea” of the EPO’s top management can indeed turn (almost) any company into a high tech forge: EPO examiners are currently being trained to invent - for you!

You possibly belong to the large group of (old-fashioned) patent applicants who think that a patent examiner's job is to assess whether somebody has made an invention or not. If so, you may expect a patent examiner to do an in-depth prior art search for a patent application, and then, after thorough examination of the technical matter, to either deliver a patent for an invention or refuse the application for the lack of it. But these days nothing could be further from the truth.

The EPO President and top managers enjoy immunity from jurisdiction and execution. These people are above the law, including national law and ... patent law. Being one of these people – and knowing that you are above the law - you are free to do a lot of illegal and unethical things without taking any risk.

A current EPO pilot project is called “Collaborative Quality Improvements” (CQI). While users of the European patent system have become used to well sounding buzzwords whose true meaning is almost the exact opposite of what they appear to mean, they nevertheless seem to be buying the EPO’s we continue improving patent quality story. The CQI pilot was originally called “Team Collaboration Project” but later renamed. Its original aim was to boost productivity by at least 20%.

Several groups of examiners are currently working under the CQI umbrella, many against their will. The alleged objective of CQI is the improvement of patent quality by teamwork and knowledge sharing. This shall be achieved by more discussions within the three member examining divisions and regular CQI team meetings. But the unspoken objective of CQI is to increase the patent grant output. Examiners shall stop investing precious time in doing in-depth prior art searches. Instead, their managers expect them to base examination on the first potentially relevant document they come across. It is sufficient if that document, mainly its figures and some keywords, resembles a bit (just a little bit will be good enough these days) the patent application on the examiner’s desk. Ideally the examiner simply picks a document from a list generated by the EPO’s fully automated prior art search algorithm. That takes only a few minutes. The chosen document is then called the “closest prior art”.

In particular the COOs are pushing this new way of working. The first results of the CQI pilot were so promising that the EPO President mentioned them in an announcement to the staff earlier this year. VP1 presented the pilot to the Administrative Council in March 2019. The project is also mentioned in the (Draft) Strategic Plan 2023 (goal 3, key initiative 4) and shall be expanded to all EPO patent grant units.

Depending on the complexity of the technical field, a highly qualified, trained and specialized examiner needs in average 1 €½ to 2 €½ days to study a patent application and draft a search report and a detailed first reasoned assessment of the invention. But much of this effort shall in future be avoided. Prior art searching skills will no longer be required. Future EPO search reports may only contain some automatically retrieved documents. While the EPO’s automatic search algorithms are surely better than random number generators, the results they produce come rarely close to the truly relevant subject-matter, the genuine “closest prior art”.

Search reports will continue being published as usual, without any hint that the search process has been “streamlined”. The EPO’s obligation towards the other stakeholders, including your competitors and the public, are then formally met. The EPO will nevertheless charge you the full search fee.

But you will get something in return: instead of examining the patent application in the light of the prior art indicated in the search report (which can be rather irrelevant prior art, as explained above), the examiner will, during the examination phase, quickly read through the patent application and create your invention. This is sometimes achieved through collaborative brainstorming in pairs consisting of the examiner and the chairman of the examining division (that’s where the term “Team Collaboration Project” comes from). The aim of the exercise is to reach a horse deal for an “EPO invention”. When agreement is reached, you will receive a phone call from the examiner with a text proposal for a patent. The examiner will try to talk you into his proposal. All you need to do is to accept it. The proposal will then turn into your horse deal. But you won’t be aware of it since the examiner is not supposed to tell you that your patent application is being treated under the new work scheme. Of course, your competitors won’t know either.

When an automatically retrieved and rather irrelevant document is used as the “closest prior art”, the result of the consecutive patent examination will of course be arbitrary. The patents granted on such insecure basis will not provide legal certainty. But the EPO’s new business model is based on output (and bonuses for top managers) instead of honest work for the public. And why should you bother about carefully examining patent applications if you run a patent office being free to ignore the patent law?

We wish you a fruitful future cooperation with your business partner, the European Patent Office.

Yours faithfully,

Patent Examiners at the European Patent Office

Contact: https://www.epo.org/service-support/contact-us.html


So there you have it. The EPO is in gross violation of the EPC. Who's going to hold anyone accountable here?

Recent Techrights' Posts

Techrights Should be Even Faster Now
We're now better off
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
 
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day