Bonum Certa Men Certa

European Patent Office Leak: Latest Procedures Help Violate the European Patent Convention (EPC) Under the Guise of 'Active Search Division'

posted by Roy Schestowitz on Jan 29, 2024,
updated Jan 29, 2024

Chinese Classroom

THE FOLLOWING EPO document, which contains inside communications as well, serves to illuminate the destruction of the Office by Benoît Battistelli and António Campinos. They don't follow the EPC, they just strive to grant as many patents as possible, including software patents.

A couple of months ago the Central Staff Committee communicated with staff as follows:

Dear Colleagues,

Since the end of 2022, users of the patent system have increasingly voiced their concerns over EPO policies putting the focus on increasing efficiency at the expense of substantive quality.

According to Mr Weibel, chief IP counsel at Siemens “the internal quality checks are not properly working anymore due to the focus on productivity” (see “EPO and IPQC reach impasse in patent quality discussion”, JUVE, 21-02-2023)

To reassure the users of the patent system a new measure has now been introduced, the “Active Search Division” principle, aiming at formally integrating in the Patent Work Bench the check of all searches by each member of the potential future Examining Division and their line manager. The project has taken DG1 by surprise and is far from convincing.

This paper explains why.

Sincerely yours,

The Central Staff Committee

Here is the full paper as HTML, Plain Text, and GemText:

Zentraler Personalausschuss
Central Staff Committee
Le Comité Central du Personnel

Munich, 10-11-2023
sc23134cp

Active Search Division
More « checks ». Better quality?

Since the end of 2022, users of the patent system have increasingly voiced their concerns over EPO policies putting the focus on increasing efficiency at the expense of substantive quality. According to Mr Weibel, chief IP counsel at Siemens “the internal quality checks are not properly working anymore due to the focus on productivity”1. To reassure the users of the patent system a new measure has now been introduced, the “Active Search Division” principle, aiming at formally integrating in the Patent Work Bench the check of all searches by each member of the potential future Examining Division and their line manager. The project has taken DG1 by surprise and is far from convincing. This paper explains why.

Quality management

There are essentially three options for dealing with quality: 1) giving employees the time and the means for it, 2) creating new indicators, and 3) introducing new checks.

The most effective but costly option is to give employees both the time and the means for quality, and to consequently create career incentives to foster quality. Since 2015, the EPO career system has given little to no place for quality in DG1. It is essentially competition-oriented system based on production/productivity rankings and an additional layer of managerial arbitrariness. Current EPO management has refused so far to put the system into question. Back in 2018, Mr Campinos already declared in meetings with the Central Staff Committee (CSC) that the New Career System was in his view the best reform of his predecessor.

Therefore, the EPO has focused on the less effective and cheaper options for dealing with quality.

First, the EPO created new Key Performance Indicators (KPIs)2. Among them are a dozen concerning timeliness and another dozen dealing with “user satisfaction” with no transparency as to how they were calculated. There is little room left for indicators relating to substantive quality: the Directorate Quality Audit (DQA) provides those for Quality of Search (at 88,7% below 90% compliance) and Quality of Grants (75,3% below 85% compliance).

Second, the EPO has decided to introduce new “checks” via the “Active Search Division” principle. In the past, only positive searches had to be discussed and only with the Chair of the potential future Examining Division. As of 1st November all searches are now routed to all members of the division via the Patent Work Bench (PWB).

_____

1 “EPO and IPQC reach impasse in patent quality discussion”, JUVE, 21-02-2023 “EPO and IPQC reach impasse in patent quality discussion”, JUVE, 21-02-2023


2 “Quality Objectives and Quality Action Plan 2023”


More “checks” in no time. But which “checks”?

Mid-October, line managers invited their examiners to meetings, many of which took place on 31st October, and orally explained that the “Active Search Division” principle would be introduced as of 1st November. Line managers were not in a position to clearly explain which “checks” should be performed by the second member and the Chair. In any case, no time budget is planned for the additional checks despite the fact that the routing of all searches will roughly double the amount of tasks of examiners in the PWB. In the past, “checks” of randomly selected searches were provided with a time budget of 90 minutes per search file under the so-called CASE procedure.

A pilot of this “project” apparently took place but information about its existence and the results cannot be found on the Intranet. The DG1 Beats Edition of September 2023 extensively covers the European Inventor Award 2024 and the 50 years EPC celebrations but brings no further information on this major change in the PWB.

During the last week of October, a document titled “Active Search Division” Purpose and Principles” (see Annex 1) was circulated by some line managers. The document does not explain what should be checked nor in which amount of time. On 31 October, BIT announced the rollout of the updated PWB software via a mass-email (see Annex 2) without any further information. One week after the rollout, examiners are still left without clear instructions. Some line managers are explaining orally to their examiners to “use [their] common sense and trust the first examiner” [sic!].

Legal basis (?) and implications

The European Patent Convention (EPC) in Article 17 defines that “[t]he Search Divisions shall be responsible for drawing up European search reports.”

The Guidelines set out in B-I. 2. that “[t]he member of the search division responsible for the search on a European application is also normally the first member of the examining division for that application.” Only two exceptions are foreseen in the Guidelines,

• Where claimed unitary subject-matter covers more than one technical field (B-I.2.2.1.). Exceptionally, where the application covers two or more technical fields which are so diverse that a member trained to carry out searches in one of those fields cannot reasonably be expected to carry out a search in all of them, the responsibility for preparing the search report may be shared between a number of members.

• Further searches on a non-unitary application in a different technical field (B-I.2.2.2.)

The “Active Search Division” principle now defines an enlarged Search Division for all files.

Even at the time of drafting this paper, the Internal Instructions B-I.3 mention that “[T]he digital search workflow is the only applicable workflow” and “[w]hen the first examiner clicks "Commit & View" in Trimaran, the workflow is started for circulating the action to the next actors as shown in the […] table” below:

Action type Routing to next actors
Search with negative opinion Line manager -> formalities officer
Search with positive opinion Chair -> line manager -> formalities officer
Search sampled for quality check Chair -> line manager -> formalities officer

The “Active Search Division” principle is therefore not compliant with the defined “Digital search workflow”.


3 The EPO is therefore not consistent with its own guidelines and internal instructions. In addition to that, an enlarged Search Division should be a group of examiners working together and not “checking” the work of each other without any clear indications of what is to be checked.

The PWB is inter alia used to perform a kind of authentication of all official actions of an Examining Division by the click of an approve button. Although from now on all members of the Active Search Division are obliged to approve a search and the corresponding opinion under Rule 62(1) EPC before both are sent to the applicant, only the entrusted Search Examiner is presently named on EPO Form 1503 of the European Search Report. In the PWB, this circulation among the members of the “Active Search Division” is run under the title “Examining Division”, leaving it open to the members of the “Active Search Division” whether they act as members of a possible future Examining Division and authenticate any official actions by the click of the approve button.

Furthermore, no announcement in the Official Journal (Article 129 (b) EPC) could be found informing the public that the Search Division from now on consists of three members, leading to another hidden procedure in the Office, akin to the concealed role of the line manager. As two members of the “Active Search Division” are not named on the European Search Report, those two members could become members of an Opposition Division without either party knowing that they had been involved in the procedure before – besides leading to possible partiality objections violating Article 19(2) EPC.

Conclusion

The newly introduced “Active Search Division” principle has all the ingredients to be an empty shell. The project lacks consultation and legal basis. “Checks” are not clearly defined, and no time budget is foreseen. Under these conditions, colleagues might be tempted to adopt a simple “click-forward” approach: “Prima facie no problem is apparent on this search”.

The “Active Search Division” principle appears to be purely part of a PR exercise aimed at keeping quiet the users of the patent system and the press. EPO management is still showing no willingness to foster substantive quality.

The Central Staff Committee

Annex 1: “Active Search Division” Purpose and Principles”, 25-10-2023
Annex 2: “RELEASE NOTICE for Patent Workbench – Active Search Division routing”, BIT User Information Mass-Email, 31-10-2023


“Active Search Division”

Purpose and Principles

In short

The European Patent Office strives to provide the highest possible level of legal certainty to its users. An essential element of early legal certainty is the completeness and correctness of the Search and the Written Opinion.

Consultation has always been integral to EPO’s Search practice. The digitalisation of workflows allows us now to further strengthen this collaborative practice, connecting skills across the Organisation and adapting it to the NWoW.

From 1.11.2023 early consultation with the Division at the Search stage will formally be integrated into our workflows and tools. The present guidance is meant to support this process and additionally describes the new PWB circulation of the Search file.

Why?

The Search Phase is of utmost importance to users when it comes to providing the highest possible early legal certainty. This is why at the EPO, Search has always been based on collaboration between expert examiners. During the last years, the Office carried out pilots to gage the benefits of strengthened collaboration at Search. The Collaborative Quality Initiatives (CQI), Enhancing Collaboration Project (E-Co) and Active Search Division (ASD) pilot, demonstrated that actively involving the division at search stage, improved legal certainty of our actions, reduced unnecessary objections and facilitated a solution-oriented PGP.

In parallel, the digitalisation of PGP workflows followed an unprecedented development. In particular developments in the PWB, such the introduction of AI-assisted Digital File Allocation (DFA) and (Pre)-Classification, support the assignment of expert divisions across DG1. Along with developments in the Digital File Repository (DFR) that facilitate the collaborative work within and beyond the Division, tools and practices have now converged into strengthened collaboration practices.

Building on the aforementioned developments, the Office is therefore now in a position to formalise the consultation within the Division at search stage.

Consequently, from 1.11.2023, all searches will be routed to the complete division via the PWB.

In practice: From a practical point of view, Consultation will take place in the usual manner (in-person, teams-call, mail, etc…). It may further make use of the Active Division Area in DFR hen needed e.g. co-editing of documents by all division members. (See screen shot below, please note that in the near future the Shared Area and the Active Division Area will be merged, with no loss of information) w.

Active Division Area

ASD 25.10.2023


Following the sending of the action by the 1st member, the Task Manager in PWB will from 1.11.2023 include a 2nd member and Chair validation also in the search phase. All examiners must therefore check regularly their usual task manager in PWB and process the applications (see screenshot below):

• Search actions sent by the First Examiner will appear under “Examining Division” à “Chair” or “Examining Division” à “Second Examiner“

• Search actions sent back by Line Manager to the Chair will appear under “Examining Division” à “Chair”

• Search actions sent back by the 2nd or Chair to the first examiner are to be found under “First Examiner” à ”Revision” - as per usual practice.

EPO tasks

The Line Manager check remains unchanged (according to any existing deputization context), but as of 1.11.2023, PWB will route files that need corrections to the Chairperson, reflecting the roles of responsibilities within the Division (see Figure below).

Whenever a Formalities Officer detects a formal deficiency that needs action by the first, the re-routing will be back to the first examiner, as in the present workflow.

ASD 25.10.2023


EPO workflow

Please note:

With the introduction of the Active Search Division, the previous Division participation check-boxes in Trimaran (see below) have become obsolete and need not be clicked.

Trimaran

They will be removed in future versions of Trimaran. The circulation to the Division of Clarifications at Search -CLAR- and the (rare) Phone Consultations at search phase (TEL) will be rolled out in a later release of the PWB.


From: BIT User Information
Sent: 31 October 2023 14:50
Subject: RELEASE NOTICE for Patent Workbench – Active Search Division routing

To: DG1, DQA, DG5
Cc: BIT User Information Recipients

BIT User Information

Dear All,

What is being released?

As of this evening, 31 October, a new routing is taking place in Patent Workbench for all Search actions sent from Trimaran:

- New: all search actions are routed via the Second Member and Chair for their validation, before they are routed to the Line Manager. In case of a finding by the Second Member or Chair, the actions are sent back to the First Member for revision.

- New: the Line Manager must either sign-off the actions, or send back to the Chair for revision.

- Unchanged: the Formality Officer must either complete the actions, or send back to the First Examiner for revision.

The Second Member and Chair will find the tasks in the tray “Examining Division”.
The First Examiner will find the sent-back tasks in the tray “Revision”.

Note 1: Search actions committed in Trimaran before this release will be circulated according to the former routing (no division member approval needed for negative search report)

Note 2: the division members can easily view the Search Report, Search Opinion and application documents in using the PWB Second Window (see also PWB release note 2023-06-28):

EPO Philips screens


What is the installation procedure - What do I have to do?

There is no installation on your machine. You will be updated for the new software automatically. A dialog informs you about this update.

What if there is a problem?

For any questions, check the FAQ first or the Known Issues page, and consult your Team Manager or WUC. If you need further assistance, please contact BIT Service Desk or use q/selfservice and specify that you have an issue with Patent Workbench.

BIT Services:
· BIT SelfService
· Phone: 7979 (ext.)
+49 (0) 89 2399 7979
+31 (0) 70 340 9595

With kind regards,
BIT Business Information Technology

Now that these manuals and commentary/explanation by the experts is out there, perhaps the media will stop parroting lies from EPO management. Lots of invalid patents are being granted, and it's not by mistake. It is also in clear violation of the rules.

Other Recent Techrights' Posts

No, We Don't Want to Go "Viral" (and You Probably Don't, Either)
"Viral" junk gets forgotten quickly
Thinking About Abandoning 'Google News' Altogether Due to Easy Poisoning by LLM Slop
As long as Google News keeps sending traffic to these leeches, it'll be very hard to justify relying on Google News for anything at all
 
Graveyard of Mastodons: A Vast Number of Inactive Accounts
More than 80% of users in mastodon.social (the "big one") are no longer active
Gemini Links 08/03/2025: Reading Cory Doctorow's 'Little Brother', Abandoning GAFAM Forever
Links for the day
Windows is Being Eradicated
On the Web, in Africa in particular, user strings or UAs that say "Windows" are becoming more rare
For International Women's Rights Day (Today) Staff Representatives at the European Patent Office (EPO) Opened Up on Gender Discrimination at the Office
Office discrimination against women is widely known; unless you sleep with men in management
Links 08/03/2025: International Women's Day, Software Patents Being Squashed
Links for the day
Under the Pen Name "John O'Donnell" (LLM Slop, Not Real Article or Author) LinuxLinks Pushes Spammy Page
it happened some hours ago.
Links 08/03/2025: Tariff Self Harm and Mostly Solved Diseases Making a Comeback
Links for the day
Links 08/03/2025: Climate Change Causing Food Shortages, Selling Off Chrome Still in the Cards
Links for the day
Gemini Links 08/03/2025: Driving in Japan, GrapheneOS, Tariffs Silver Lining
Links for the day
Working Like a Pack of Hyenas, the Microsofters Try Hard to Hide the Truth and Actively Censor Critics
They even target women
The Fall of the Open Source Initiative (OSI): Bylaws of the OSI a Shocking Oversight
That's what the OSI is right now: a salesperson
Links 08/03/2025: Microsoft Failures, Further Attacks on Speech in Hong Kong
Links for the day
Gemini Links 08/03/2025: Physical Albums, Analog Computing, Deleting All Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 07, 2025
IRC logs for Friday, March 07, 2025
OpenAI, Deep in Debt With Growing Losses, Sees Web Traffic Falling Fourfold in a Year
Microsoft's shares have fallen over 10% since the last report and OpenAI is trying to con people via Wall Street, offloading the debt to some gullible fools
Microsoft's Social Control Media Efforts Cratering (GitHub and LinkedIn)
Expect more layoffs
Microsoft Office is a Dying Cash Cow and Now It's Just Dying/Starving
Most people use Android and they don't need some bloated office suite because many processes involve Web forms
Links 07/03/2025: Radio’s Death Knells and US Abandoning Ukraine
Links for the day
Gemini Links 07/03/2025: Replacing Firefox with LibreWolf, Visiting Churches
Links for the day
Links 07/03/2025: Oracle Layoffs, HPE Eliminates 3,000 Jobs, Massive Price Hikes at Microsoft, More Surveillance in Microsoft's Stuff
Links for the day
Manslaughter: Haverfordwest convictions, Abraham Raji & Debian DebConf drowning
Reprinted with permission from Daniel Pocock
Open Source Initiative's (OSI) Latest IRS Files: Only 2.9% (2.90046827447%) of Its Income is From Members
So almost all the money is corporate
Open Source Initiative (OSI) Reported to the California Privacy Protection Agency (Formal Complaint)
Time will tell if a Cheeto-controlled California will take this seriously or just brush it aside like a head of state from Ukraine
Half a Decade Without Social Control Media
Not all audience is desirable
IBM Laid Off Almost 2,000 Staff Last Friday and No Western Publication (Newspaper, Web Site) Even Mentioned That
Only some Asian sites mentioned it
Under IBM, After Killing OpenSource.com, the Next Casualty May be "Community Blog" of the Fedora Project
It sounds like they already made the decision/s
Social Control Media as a Rapid Race to the Bottom - Part IV - Physical Health, Mental Health, and Debilitating Anxiety
One is better off feeding stray pigeons (rather than scrolling and clicking on "timelines" like a dumb pigeon)
Links 07/03/2025: WSL Breakage (as Usual), Abandoning WordPress for Hugo
Links for the day
LLM Slop Versus Richard Stallman
"Compilation Of Corruption: Jeffrey Epstein And The Halls Of Academia"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 06, 2025
IRC logs for Thursday, March 06, 2025
Microsoft Laid Off Several Thousands of Workers (Not Counting Those Driven Out) in 3+ Waves of Layoffs in 2 Months in 2025
About a thousand workers laid off per month
Microsoft Reduced to Almost Nothing in the Congos
Even worse for Microsoft in DRC (Democratic Republic Of The Congo)
Rumour: After FSF Abandons Office in Boston LibrePlanet Will Also Leave Boston
In the past, Libreplanet (or LibrePlanet) was 'branched' out of MIT to "lesser" universities in the same city
Why We No Longer Hear About "Red Hat Layoffs"
Sometimes they don't call them "layoffs" are all; it's just PIPs, RTO, and "relocation" offers. They try to compel people to resign/retire
Reputation is Not a Human Right, It's Something One Earns
One can also lose one's reputation for harming women
linuxsecurity.com is 100% Slopfarm, Nonstop Fake 'Articles' About Security and "Linux"
More than one fake 'author' participates in this, so it deserves condemnation
FreeBSD Foundation is Trying to Improve "Laptop Support", But It Has Outsourced Everything to Microsoft Proprietary Software
Despite many valid alternatives existing and fast maturing
Links 06/03/2025: Discord Wants the Public to Pay for Losses, MongoDB Shares Collapse
Links for the day
Gemini Links 06/03/2025: Remaking Sites, Gemini Capsule Turns 5
Links for the day
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025