07.04.20

‘Managing Intellectual Property’ Managing to Become Uncritical Parrot of EPO Management

Posted in Europe, Patents at 7:08 am by Dr. Roy Schestowitz

Talking points, but nothing to the point

Managing IP lying

Summary: Managing to amplify the EPO’s lies isn’t hard; one just needs to copy, paste, edit a little; then they call it ‘journalism’, irrespective of the proven track record of EPO management lying to staff and to the media

THE ‘news’ site Managing Intellectual Property (Managing IP for short), funded by litigation firms and patent trolls, is currently parroting tall tales and incredible claims from a chronically-lying and deeply corrupt EPO management. Says a lot about Managing IP and its ‘journalism’ (public relations) standpoint, so let’s tackle it. We mentioned that so-called 'report' the other day and complained about media complicity for two years under António Campinos (they still push the lie/fiction that he resolved the issue which was Benoît Battistelli).

Well, under a mishmash of items they put “EPO report” and basically parroted talking points from chronic liars and spinners; no scepticism, no scrutiny, no fact-checking; it’s just droning on and on in ‘parrot mode’, noting what “BoA president Carl Josefsson told Managing IP” (Josefsson knows his ‘true masters’, who gave him this job). Here’s a quick paragraph-by-paragraph rebuttal:

EPO and BoA target speed and efficiency

Notice the loaded title and wording (or framing). Slowness and inefficiency wouldn’t have sounded too good. The goal of the patent system is neither of those two things. Accuracy is a lot more important.

Settled cases at the EPO’s Boards of Appeal have increased by nearly 50% in the last three years, according to the organisation’s annual report published this week.

Settlement and justice are not the same thing; there are many ways to “settle” things, with neither party being necessarily satisfied.

Procedural slowness can lead to unwanted settlements at times, potentially out of sheer desperation or sense of dead end ahead, such as in the case of people defaulting on a mortgage. We’ll come to that in a moment (below).

“Settled cases” aren’t a surrogate or a measure of access to justice or legal recourse. Fee changes may also have played a role (considerable cost hikes).

In 2019, the BoA received 3,292 technical appeal cases, 8.6% more than in 2018. In total, 3,254 of these were settled, a 19.1% increase compared with 2018. This amounts to a total increase of 46% since January 2017.

Increase in appeals isn’t a good thing, is it? One might say that this implies growing injustice and more disputed decisions.

The above numbers may sound big, but are they really? Against a backdrop or backlog of about 10,000 cases last year

So they’re just playing fast and loose with statistics to give some misleading impression of “growth”…

A growth in what exactly?

Don’t ask.

The BoA has also increased its capacity, recruiting 17 additional technically qualified members over the course of last year.

17 more people who lack independence from the Office and whose hiring standards were significantly lowered.

Hurray to racing to the bottom. How many have meanwhile left? It does not say.

In its report the BoA said it is “well on track” to meet its five-year objective to settle 90% of cases within 30 months.

Speed. Is that the sole measure of performance? Ask patent examiners how they feel about it…

Last year also marked the finalisation of the BoA’s Rules of Procedure. The new rules entered into force in January this year and are targeted at increasing efficiency, predictability for parties, and harmonisation.

Fluff and marketing nonsense. The BoA’s Rules of Procedure have done nothing to tackle the lack of autonomy and further introduced negative changes — except perhaps for litigation firms. Notice that word “harmonisation” again; they told us that UPC would bring about “harmonisation” — by which they meant abolishing the BoA (all of them).

Last year, BoA president Carl Josefsson told Managing IP that the revised rules will reduce a party’s options to amend its case as appeal proceedings progress, and make it more difficult to withhold submissions for tactical reasons.

The same Josefsson who was put there by Battistelli and his mates.

Meanwhile, the EPO annual review for 2019 , also published this week, showed that the office dealt with a record number of patent applications. It received 181,406 European patent applications, up 4% on 2018’s figure.

When you lower the standards people race to get lousy patents. And they get them! They can pass these to trolls. As they do. And never mind if almost two-thirds of these don’t come from Europe. It’s a siege.

The EPO has also provided an update to its Strategic Plan 2023, which was published last year. The EPO wanted core focus areas to include building an engaged organisation; modernising the IT systems; and delivering high-quality products efficiently.

Again it’s a bunch of marketing nonsense from the nontechnical people who run the EPO. Notice words like “products”; maybe they think they’re running a store or a factory floor.

By the way, they’re not “engaged” (ask SUEPO!) and they’re not “modernising the IT systems” but outsourcing it to companies like Google and Microsoft (from another continent).

According to the annual review, 2019 brought IT modernisations as well as a paperless search pilot. The EPO also expanded its geographical coverage, including by signing validation agreements with Georgia and reinforcing partnership agreements with Ethiopia, Argentina, Malaysia, Mexico, Indonesia, Brazil and ARIPO.

How many European Patents come from these nations? Better not ask. But they thought it would sound good. Maybe add Cambodia again, with its zero European Patents…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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 28/1/2021: Stable Kernels and Sudo Bugfixes

    Links for the day



  2. Showing Solidarity With FSFE Survivors

    What does justice look like?



  3. IBM is Throwing Away Red Hat's 'de Facto Standard' Status in Servers, Wrongly Assuming People Can't (or Won't) Go Elsewhere

    This new video is over half an hour long and it’s a discussion of IBM’s self-harming (shot-in-the-foot) move, which it already seems to regret



  4. Why 6 Screens and 6 Virtual Desktops

    An explanation of how I use computers and how I distribute tasks (across screens and across virtual desktops)



  5. Red Hat Developer Network Promoting Microsoft's Proprietary Software, Sometimes by Mass-Mailing People

    Red Hat is doing a disservice to people who subscribe to E-mail newsletters; those people are almost never into Microsoft's proprietary software, which they want to get away from



  6. IRC Proceedings: Tuesday, January 26, 2021

    IRC logs for Tuesday, January 26, 2021



  7. Links 26/1/2021: Mozilla Firefox 85.0, Tails 4.15, Zentyal Server 7.0, GNOME 40 Alpha

    Links for the day



  8. Instead of Making Access to COVID-19 Solutions Easier Bill Gates Has Made It Harder (Patent Profits)

    Counterproductively — and at a great cost to human civilisation — Bill Gates has once again put profits and monopoly ahead of global goals such as collective health



  9. We Need More Documents Leaked to Know Intel (From the) Inside

    We invite more leaks from the belly of the beast "chipzilla", seeing that it is becoming a drone of Microsoft again, yearning for the "Wintel" days instead of moving on to a world dominated by GNU/Linux and Free/libre software



  10. Why GNU/Linux Users (and the Public at Large) Should Support Leaking/Whistleblowing Sites (Including Wikileaks)

    To demonstrate the value of "scientific journalism" (a term apparently coined by Wikileaks) we take a look at Red Hat's response to embarrassing leaks (demonstrating what a scam their certification and examination programmes really are)



  11. EPO President António Campinos is Still Not Listening, According to Internal EPO Documents

    Increasingly arrogant and unaccountable management of Europe's second-largest institution (EPO) has left staff disillusioned but still defiant; there's clearly unsuitable or unfit-for-purpose management at the EPO, self-selecting based on nepotism/loyalty so as to cover up abuses



  12. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  13. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  14. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  15. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  16. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  17. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  18. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  19. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  20. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  21. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  22. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  23. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  24. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  25. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  26. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  27. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring



  28. In 2020 Onwards 'Open Source' is Just a Marketing Ploy of Monopolies, Unlike Free Software

    More people are nowadays seeing or witnessing 'Open Source' for what it truly is; the term has become a misleading marketing term of proprietary software firms looking to rebrand as "ethical" (e.g. by sharing some code with other proprietary software firms, over proprietary platforms such as GitHub)



  29. Microsoft: The Year After We Bought GitHub There Was a Significant Decline in Number of New Projects on GitHub

    Microsoft has just admitted that in 2019 GitHub saw a very significant decline in number of new projects (and users, which it is conveniently miscounting by adding 'phantom' ones) on the site. Just what we had heard before they confirmed it (and they foresaw this effect of the takeover, hence the lies about "loving" Linux).



  30. Social Control Media is a Passing Fad, We Should All Go Back to Blogging and Subscribing to RSS Feeds

    The whole "social control media" phenomenon has been oversold or promoted using lies; in reality, as a mountain of evidence serves to show, it's a way to manage society at a macro scale


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